Warhold Terms of Service
These Terms of Service (Terms) govern access to and use of warhold.com.au, Warhold customer accounts, and purchases from Warhold online or through another sales channel that refers to these Terms.
By using the website, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the website or place an order.
1. About Warhold and these Terms
Warhold is operated by Warhold Australia Pty Ltd (ABN [69 694 099 271]) (Warhold, we, us or our), of 2/2A Church Street, Boonah QLD 4310, Australia.
These Terms apply together with any policies or supplemental terms presented to you, including our Privacy Policy, Shipping Policy, Returns and Refunds Policy, Preorder Policy, Warhold Zero and Rewards Terms, and Preorder Access Terms. Those documents form part of your agreement with us where relevant.
If there is an inconsistency, supplemental terms apply only to the program or activity they specifically govern. Nothing in any Warhold policy or supplemental terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded.
2. Eligibility and Australian supply
You must be at least 18 years old to create an account or place an order, or have the consent and supervision of a parent or legal guardian who accepts responsibility for the account and purchase.
Warhold currently supplies customers located in Australia and delivers only to eligible Australian addresses. We do not accept orders intended for export through freight-forwarding, mail-forwarding, package-forwarding or similar services. Legitimate domestic delivery services, including Australia Post Parcel Lockers, are not prohibited merely because they redirect or hold a parcel within Australia.
We may request information reasonably necessary to confirm eligibility, identity, payment, delivery address, account integrity or compliance with these Terms.
3. Accounts
You must provide information that is accurate, current and complete. You must keep your login credentials secure and promptly tell us if you suspect unauthorised access or use.
Unless Warhold expressly permits otherwise, an account is personal to its registered holder and must not be sold, transferred, shared to circumvent a restriction, or created using a false identity. You are responsible for activity undertaken through your account except to the extent that the activity results from Warhold's failure to take reasonable care or another matter for which Warhold is legally responsible.
Account creation does not guarantee access to every Warhold product or program. Some products or services may require verification of your account or personal details, account approval, or satisfaction of additional eligibility requirements disclosed before purchase.
4. Product information, prices and availability
We take reasonable care to describe and display products accurately. Images may be illustrative, and colours, packaging or minor product presentation may vary. Product descriptions do not exclude any guarantee under the Australian Consumer Law.
Unless stated otherwise, prices are in Australian dollars and include GST where applicable. Delivery charges and any other applicable charges are displayed before checkout.
Product availability is not guaranteed until an order is accepted. We may correct a genuine typographical, technical, pricing or inventory error. If an error materially affects an order, we will contact you and, where the law permits, offer the corrected order or cancel the affected item and provide a full refund for that item.
5. Orders and contract formation
An order submitted through Warhold is an offer to purchase the products shown at checkout. An automated acknowledgement, payment authorisation or receipt does not by itself mean that we have accepted the order.
Warhold may conduct a reasonable review before accepting an order. Unless we expressly tell you otherwise, we accept an order when we send an order-confirmation notice that communicates acceptance. A dispatch notice also constitutes acceptance if no earlier acceptance notice was sent.
If a Shopify or other platform message is labelled 'order confirmed', it should be treated as Warhold's acceptance unless the message clearly says that the order remains under review. Accepted orders remain subject to any specific preorder conditions disclosed before purchase and to rights available under law.
We may accept or reject items separately where an order contains multiple products. If we reject an order or item after taking payment, we will refund the amount paid for the rejected order or item.
6. Payment
You must use a payment method you are authorised to use and pay the total displayed at checkout. Payment processing may be provided by third parties and may be subject to their terms and privacy practices.
We may delay acceptance or dispatch while payment is pending or while we investigate a reasonable concern about fraud, unauthorised use, chargeback risk or account integrity. We will not retain payment for goods we reject or cannot supply, except to the extent permitted by law for goods or services already supplied or a separately disclosed and lawful charge.
7. Purchase limits and fair access
Warhold may set reasonable purchase limits to promote fair access to limited or allocated products. A limit may apply per person, account, household, address, payment method, product, product family, release, period or lifetime, as disclosed on the product page, at checkout, in program terms or in a reasonable customer notice.
You must not evade or attempt to evade a purchase limit. This includes splitting purchases across duplicate or linked accounts; using aliases or materially false information; coordinating accounts, addresses, payment methods or other persons to obtain additional allocation; or using a forwarding arrangement contrary to these Terms.
Where we reasonably determine that orders are linked and were placed to avoid a disclosed limit, we may reduce or cancel the affected quantity. We will refund amounts paid for cancelled goods. We may also restrict future access under section 10.
8. Prohibited automation and interference
You must not use, provide, facilitate or attempt to use unauthorised automation in connection with Warhold, including bots, scripts, automated purchasing tools, automated account creation, automated queue or checkout tools, scraping used to obtain a purchasing advantage, or tools designed to bypass purchase limits, verification, rate limits, security controls or other fair-access measures.
You must not probe, disrupt, overload, reverse engineer or interfere with the website, checkout, APIs, security systems or another customer's use, except to the extent a restriction on reverse engineering cannot lawfully apply.
Ordinary accessibility technology, password managers, browser autofill and personal tools that do not automate purchasing, circumvent controls or disadvantage other customers are not prohibited by this section.
Warhold may use confidential security, technical and risk information when investigating suspected breaches. We are not required to disclose detection rules, security configurations or information where disclosure could undermine security, facilitate abuse, reveal another person's information or prejudice an investigation. We will nevertheless provide information about a decision where reasonably practicable and legally appropriate.
9. Order review, refusal and cancellation
Before supply, Warhold may refuse, reduce or cancel an order where reasonably necessary because:
- the product is unavailable because of an inventory error, supplier shortfall, withdrawal, safety issue or circumstance outside Warhold's reasonable control;
- there is a genuine and material pricing, description or technical error;
- payment fails, is reversed, is unauthorised, or there are reasonable grounds to suspect fraud;
- the order breaches or attempts to circumvent a disclosed purchase limit, eligibility rule, Australian-only supply rule or these Terms;
- the order was placed using prohibited automation or through interference with Warhold's systems;
- customer, delivery or account information is materially false, misleading, incomplete or cannot reasonably be verified; or
- cancellation is required by law, a regulator, product recall, safety obligation or payment provider requirement.
We will apply these grounds proportionately and will not cancel merely because a customer has exercised a statutory right or made a complaint. Where practicable, we will notify you of the cancellation and reason, although we may withhold security-sensitive detail.
If Warhold cancels goods that have not been supplied, we will provide a full refund for those goods and any delivery charge that applies only to them. Cancellation of an order does not entitle Warhold to confiscate unrelated rewards or payments.
10. Account and access restrictions
Warhold may temporarily restrict, suspend or close an account, remove a Verified badge, or restrict access to future limited products where we reasonably believe this is necessary to protect customers, Warhold systems, fair access or legal compliance, or because the account holder has materially or repeatedly breached these Terms or applicable supplemental terms.
Where appropriate, we will consider the seriousness of the conduct, available evidence, prior warnings, risk of recurrence and whether a narrower restriction is sufficient. Immediate interim restrictions may be applied while a material fraud, automation, security or account-integrity concern is investigated.
A restriction on future access does not automatically cancel an existing accepted and paid order. Each order will be assessed separately under these Terms. It also does not automatically erase legitimately earned rewards or affect rights under the Australian Consumer Law. We may correct rewards obtained through fraud, error, a refunded transaction or conduct contrary to the applicable Rewards Terms.
You may contact us to request a review of an access decision. Warhold may maintain a decision where reasonable grounds remain, and may protect confidential security information as described in section 8.
11. Preorders
11.1 General rules
A preorder is an order for a product expected to become available at a later date. Release dates, arrival dates and dispatch estimates may change and are not guaranteed unless the law requires otherwise. Product-specific terms disclosed before purchase form part of the preorder.
Unless stated otherwise, Warhold charges the full preorder price at checkout. If an order contains preorder and in-stock goods, it will ordinarily be held until all goods are available and dispatched together. The Shipping Policy explains when a split shipment may be arranged and whether an additional delivery charge applies.
11.2 Warhold Zero preorders and confirmed allocation
Warhold Zero preorders are offered only for quantities Warhold reasonably believes are covered by confirmed supplier or distributor allocation. Warhold does not intentionally sell speculative or unconfirmed allocation as a Warhold Zero preorder.
In exceptional circumstances outside Warhold's reasonable control, a supplier or distributor may reduce or withdraw a previously confirmed allocation, a product may be cancelled or delayed indefinitely, or Warhold may otherwise become unable to supply. Warhold may cancel the affected preorder and will provide a full refund for goods that cannot be supplied.
The 'Zero Cancellations' commitment describes this confirmed-allocation practice. It is not a representation that cancellation can never occur, and it does not restrict a customer's statutory rights or any cancellation right expressly provided before purchase.
11.3 Account approval and preorder access
Access to Warhold Zero preorders requires account approval. Before granting or maintaining access, Warhold may require customers to confirm their account or personal details. Current requirements include confirming an Australian mobile phone number.
Warhold may reasonably change these requirements to address fraud, security threats, account abuse or risks to fair access. Where practicable, Warhold will give reasonable notice of a material new requirement. Future preorder access may be temporarily disabled until the requirement is met. This will not automatically cancel an existing accepted order.
Account approval does not guarantee access to any particular preorder, product allocation or quantity.
12. Delivery, collection and title
Delivery options, charges and indicative processing times are set out at checkout and in the Shipping Policy. Unless expressly guaranteed, processing, dispatch and carrier timeframes are estimates and may be affected by preorder release dates, peak periods, carrier disruption or circumstances outside our reasonable control.
You must provide a complete and accurate delivery address. If a parcel is returned because the address supplied was incorrect or incomplete, or because it was not collected, we may require payment of reasonable redelivery costs. This does not apply where the return resulted from Warhold's error or a matter for which Warhold is legally responsible.
Risk in goods passes to you when the goods are delivered to the nominated address or collected by you or your authorised representative, except where applicable law provides otherwise. Title passes when Warhold has received full cleared payment.
For collection orders, we may require order details and reasonable proof of identity or authority before releasing goods.
13. Returns, refunds and consumer guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits any right or remedy you may have under that law or other applicable legislation.
If goods are faulty, damaged, unsafe, incorrectly supplied, not as described or otherwise fail a consumer guarantee, contact us at contact@warhold.com.au. Depending on the circumstances and the law, the remedy may include repair, replacement, refund, cancellation, compensation or reimbursement of reasonable return costs.
We may request photographs, proof of purchase or other information reasonably necessary to assess a claim. Where transit damage is suspected, please retain the goods and packaging until we provide instructions. A lack of original packaging or photographs does not by itself remove a statutory right.
Any additional change-of-mind return offered by Warhold is governed by the Returns and Refunds Policy and does not replace or restrict statutory rights.
14. Warhold Zero and Warhold Rewards
Warhold Zero is Warhold's account and customer program, which includes Warhold Rewards and Warhold's customer-facing commitments concerning fees, preorder pricing and confirmed-allocation preorders. Detailed eligibility, benefits, points, redemption, corrections, expiry and program-change rules are governed by the Warhold Zero and Rewards Terms.
'Zero Fees', 'Zero Gouging' and 'Zero Cancellations' have the meanings given in the Warhold Zero and Rewards Terms and relevant product disclosures. In particular, Zero Cancellations means Warhold Zero preorders are based on confirmed allocation, subject to the exceptional shortfall circumstances described in section 11.
Account verification is a separate account-integrity process designed to support one genuine person operating one Warhold account. It helps protect preorder access from purchasing automation, duplicate-account abuse and attempts to circumvent purchase limits.
Creating a Warhold Zero account or participating in Warhold Rewards does not automatically grant a Verified badge or preorder access. Customers must separately satisfy Warhold’s current account verification and preorder-access requirements.
15. Website content and intellectual property
Unless stated otherwise, Warhold owns or is licensed to use the website and its original content, branding, artwork, software and materials. Third-party names, game titles, artwork and trade marks belong to their respective owners.
You may access and use the website for personal, lawful shopping and account purposes. You must not reproduce, commercialise, distribute or create derivative works from Warhold-owned material without permission, except as permitted by law.
If you submit a review, comment or other content, you retain ownership of your content but give Warhold a non-exclusive, worldwide, royalty-free licence to host, reproduce and display it for operating and promoting Warhold, subject to our Privacy Policy and applicable law. You must have the right to submit that content and must not submit unlawful, defamatory, infringing, malicious or misleading material.
16. Third-party services and links
The website may rely on or link to third-party services, including ecommerce, payment, identity-verification, communications, analytics, delivery and social-platform providers. Third-party services may be governed by their own terms and privacy policies.
Warhold is not responsible for an unaffiliated third party's separate service merely because the website links to it. This clause does not exclude responsibility Warhold has under law for its choice or use of a service provider, or for supplying goods and services to you.
17. Privacy, security and communications
Our Privacy Policy explains how we collect, use, disclose, store and protect personal information, including information used for orders, accounts, rewards, fraud prevention, and account integrity.
We may send transactional and service communications reasonably necessary to operate your account, process orders, provide security notices or administer a program. Marketing communications will be sent in accordance with applicable law and the choices offered to you. You may unsubscribe from marketing communications using the method provided in the message; unsubscribing from marketing does not prevent necessary non-marketing service messages.
18. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, Warhold is not liable for loss that was not reasonably foreseeable when the relevant contract was formed, or for loss caused by your breach, misuse, unauthorised conduct or failure to take reasonable steps to mitigate loss.
Where Warhold supplies goods or services that are not ordinarily acquired for personal, domestic or household use or consumption, and the Australian Consumer Law permits liability to be limited, Warhold's liability is limited, at Warhold's option, to the remedies permitted by section 64A of the Australian Consumer Law. This limitation does not apply where it would be unfair or unreasonable or otherwise unlawful.
No provision in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, or another liability that cannot lawfully be excluded.
19. Changes to these Terms and programs
Warhold may update these Terms to reflect changes to law, products, systems, security risks or business practices. The current version will be published with its effective date.
A change will apply prospectively. Where a change materially affects an existing account, program benefit or ongoing service, we will give reasonable notice where practicable. A change will not retrospectively alter an accepted order unless the customer agrees or the law permits or requires it.
If you continue to use the website or place a new order after revised Terms take effect, the revised Terms apply to that future use or order. Terms in force when an order was accepted continue to govern that order unless otherwise agreed or required by law.
20. Complaints, disputes and governing law
If you have a complaint or dispute, contact us first so we can try to resolve it. Nothing in this section prevents you from contacting the ACCC, a state or territory fair-trading agency, the Office of the Australian Information Commissioner where applicable, a payment provider, a court or tribunal, or another body available to you.
These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from them. This does not prevent a customer from relying on any mandatory right, remedy, forum or protection available under the Australian Consumer Law or applicable state or territory legislation.
21. General
If a provision of these Terms is invalid or unenforceable, it is to be read down to the minimum extent necessary or, if it cannot be read down, severed. The remaining provisions continue to operate.
A delay or failure to exercise a right is not a waiver of that right. A waiver must be clear and applies only to the specific circumstance for which it is given.
These Terms and the documents incorporated by reference constitute the agreement concerning their subject matter. They do not exclude any representation or obligation that cannot lawfully be excluded.
22. Contact
Warhold
2/2A Church Street, Boonah QLD 4310, Australia
Email: contact@warhold.com.au
Phone: +61 484 851 368