Terms of service
Last updated on 7 June 2026
CACTUS AVE PTY LTD TRADING AS TINOK
ABN 65 605 352 305
TERMS AND CONDITIONS
Welcome to TINOK.
In these terms, “we”, “us” and “our” means Cactus Ave Pty Ltd Trading as TINOK and “you” means the person using the Website or purchasing Products from us.
What are these terms about?
These terms apply when you:
- use our website, tinok.com.au and any related website we operate (Website); or
- purchase products from us through the Website (Products).
By using the Website or purchasing Products, you agree to these terms.
Our Privacy Policy explains how we collect, use and handle personal information. You can read it here: https://tinok.com.au/policies/privacy-policy.
How do I read these terms?
These terms are divided into three parts:
- Part A - Buying Products: applies when you purchase Products;
- Part B - Using the Website: applies when you browse or interact with the Website; and
- Part C - Liability and Other Legal Terms: applies to both purchases and Website use.
Changes to these terms
The terms that apply to your Order are the terms available and accepted at the time you place that Order.
We may update these terms from time to time by publishing the updated version on the Website. You can check the “Last updated” date above to see when these terms were last changed.
A. When You Buy Products
1. PLACING AN ORDER
- By placing an order through the Website (Order), you confirm that:
- you are at least 18 years old and have the legal capacity to enter into a contract; and
- you are authorised to use the payment method provided.
- An Order is an offer to purchase Products from us at the price shown at checkout.
- We may accept or reject an Order at our discretion. An Order is accepted when you receive an order confirmation email from us.
2. ACCOUNTS
- To submit an Order and/or purchase a Product, you may be required to register for an account through the Website (Account).
- When creating an Account and using the Website, you may be required to provide personal information such as your name, email address, password, contact details and payment information.
- You agree that all information you provide is accurate, current and complete, and you will keep it up to date.
- We may, in our discretion, accept or reject your Account registration.
- We may suspend or cancel your Account if you breach these terms or where reasonably necessary (including for security or operational reasons), on notice to you where practicable.
3. PRODUCTS
- We will use reasonable efforts to ensure that the Products supplied are substantially consistent with the Products displayed on our Website or as otherwise agreed with you in writing. However, due to differences in screen display, colour and brightness, images of Products on the Website may not exactly reflect the Products delivered.
- Title in the Products passes to you once we have received full payment. Risk in the Products passes to you on delivery in accordance with clause 6. You must accept delivery of the Products unless they are faulty or do not comply with your Order.
4. PRODUCT SAFETY AND USE
- Our Products are designed to be used only in accordance with the instructions, warnings and safety information provided with the Product or on our Website.
- You must read and follow all instructions, warnings, age, weight, positioning and suitability guidance before using a Product.
- Baby carriers and related baby Products must only be used by a responsible adult and under active adult supervision. You must regularly check that the Product is correctly fitted, secure and suitable for your child.
- You must not use a Product if it appears damaged, worn, unsafe or unsuitable for your child.
- Nothing in this clause limits any rights you have under the Australian Consumer Law.
5. PAYMENT
- All prices are per unit unless otherwise stated and are subject to change before you place an Order.
- Unless otherwise agreed in writing, payment must be made in full at the time you place an Order.
- Unless otherwise stated, prices shown on the Website are in Australian dollars and include GST where applicable.
- We may apply a payment surcharge where permitted by law. Any surcharge will be shown before you complete your Order.
- We may use third-party payment providers (Payment Providers) to process payments. Your payment may be subject to the terms and conditions of the relevant Payment Provider. To the extent permitted by law, we are not responsible for the acts or omissions of Payment Providers.
- If we identify an error in pricing (including shipping), we will notify you as soon as possible. You may choose to proceed at the correct price or cancel your Order. If you cancel, any payment made will be refunded to your original payment method.
6. DELIVERY AND SHIPPING
- Delivery costs (if applicable) will be displayed at checkout and included in the total price of your Order.
- We will deliver the Products to the delivery address you provide at checkout, in accordance with the shipping information on our Website.
- Delivery timeframes are estimates only and may be affected by factors outside our control. We will use reasonable efforts to deliver your Order within the estimated timeframe but do not guarantee delivery dates.
- We use third-party couriers to deliver Products. If you experience any delivery issues, please contact us and we will assist where reasonably possible.
- To the extent permitted by law, we are not responsible for delays or delivery failures caused by events outside our reasonable control.
- We may refuse or cancel international Orders at our discretion. International deliveries may be subject to customs duties and taxes, which are your responsibility. We are not responsible for any such charges or delays caused by customs.
7. PRE-ORDERS
- We may offer Products for pre-order from time to time. If you place a pre-order, the estimated dispatch or delivery timeframe will be shown on the Website or at checkout.
- Pre-order timeframes are estimates only and may change due to production, shipping or customs delays. We will keep you updated if there is a material delay.
- You may cancel a pre-order before it is dispatched unless we have clearly stated at the time of purchase that the pre-order is final, subject always to your rights under the Australian Consumer Law.
8. CHANGES, CANCELLATIONS AND RETURNS
8.1 CANCELLATION BY US
We may cancel your Order where reasonably necessary (for example, due to stock unavailability, pricing errors or suspected fraud). We will notify you as soon as possible and provide a full refund of any amounts paid.
8.2 CANCELLATION BY YOU
You may cancel your Order at any time before we confirm it. Once your Order has been confirmed, it cannot be changed or cancelled, except in accordance with clause 8.3 or as required by law.
8.3 RETURNS AND REFUNDS
- We offer change of mind returns within 14 days of delivery, provided the item is unopened, unused and in its original packaging. Return postage is at your expense. To request a return, contact us at info@tinok.com.au with your order number.
- You may be entitled to a refund, replacement or repair where required under applicable law (including the Australian Consumer Law).
- Without limiting your rights under law, we will provide a remedy where:
- the Product is faulty;
- the Product is not as described; or
- the Product is not delivered due to our error.
- If you believe a Product is faulty, please contact us with details of the issue (including images where possible). We may require you to return the Product for inspection.
- If we reasonably determine that the Product is faulty, we will provide a repair, replacement or refund (including reasonable shipping costs), depending on the circumstances.
- If we reasonably determine that the Product is not faulty, or the issue is due to misuse, fair wear and tear, or failure to follow instructions, we may decline the return and return the Product to you at your cost.
- Nothing in this clause limits any rights you have under applicable law.
8.4 PROMOTIONS
- We may offer discount codes, promotions, competitions or giveaways from time to time.
- Additional terms may apply to specific discount codes, promotions, competitions or giveaways.
- Unless stated otherwise, discount codes are not redeemable for cash, may be subject to expiry dates or other conditions, and may be cancelled or amended by us where reasonably necessary.
- We may refuse, cancel or reverse a discount, promotion or Order if we reasonably suspect misuse, fraud, error or breach of the applicable terms.
9. USER CONTENT
- You may be able to submit, upload, tag, post or share content in connection with us, the Website, our Products, our social media pages, promotions or reviews, including comments, testimonials, ratings, photos or videos (User Content).
- By submitting User Content, you confirm that:
- you own the User Content or have the necessary rights and permissions to submit it;
- the User Content is accurate and not misleading;
- the User Content does not infringe any third-party rights, including intellectual property, privacy or confidentiality rights; and
- the User Content is not unlawful, defamatory, offensive, discriminatory, obscene, threatening or abusive.
- You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, edit and share your User Content for the purposes of operating, promoting and marketing our business, Website, Products and social media channels.
- We may remove, edit, reject or decline to publish User Content where reasonably necessary, including if we consider it breaches these terms or is unsuitable for our Website or channels.
B. Using the Website
10. ACCESS AND USE OF THE WEBSITE
You must use the Website in accordance with these terms and all applicable laws.
11. YOUR OBLIGATIONS
You must not:
- copy, reproduce, modify, distribute or exploit any part of the Website without our prior written consent;
- use the Website for any purpose other than browsing, enquiring about or purchasing Products;
- use the Website in any way that is unlawful, fraudulent, misleading, deceptive or harmful;
- interfere with or disrupt the operation of the Website or its servers;
- use automated tools, including bots, scraping software or data mining tools, to access or interact with the Website without our prior written consent;
- upload or transmit any virus, malicious code or harmful material to the Website; or
- attempt to breach the security of the Website, including by gaining unauthorised access to data, introducing malicious code or conducting denial-of-service attacks.
12. INFORMATION ON THE WEBSITE
- We aim to ensure that all information on the Website is accurate and up to date, but we do not guarantee that it is free from errors or omissions.
- The Website may be unavailable from time to time, and we do not guarantee uninterrupted access.
- We may update or change any information on the Website at any time without notice, including product descriptions, pricing and availability.
13. LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that we do not operate or control.
- We are not responsible for the content, availability, security or practices of any third-party website.
- A link to another website does not mean that we endorse or approve that website.
14. THIRD PARTY SERVICES
- The Website may be hosted or supported by a third-party platform, such as an eCommerce, payment, shipping or marketing platform.
- Your use of those third-party services may be subject to their own terms, conditions and privacy policies.
- To the extent permitted by law, we are not responsible for any issue, error, delay or outage caused by a third-party platform or service provider.
15. SECURITY
We take reasonable steps to keep the Website secure, but we cannot guarantee that it will always be free from viruses, malicious code or other harmful material. You are responsible for taking reasonable precautions when accessing the Website, including using appropriate security software and ensuring your device is protected.
16. REPORTING MISUSE
If you become aware of any misuse of the Website, errors in Website content, or difficulty accessing or using the Website, please contact us using the contact details or form provided on the Website.
C. Liability And Other Legal Terms
17. LIABILITY
17.1 AUSTRALIAN CONSUMER LAW
- Nothing in these terms limits, excludes or modifies any rights you have under the Australian Consumer Law or any other law that cannot be limited, excluded or modified.
- Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a repair, replacement or refund if a Product fails to meet those guarantees.
- To the extent permitted by law, we exclude all warranties, representations and guarantees that are not expressly set out in these terms or required by law.
17.2 LIMITATION OF LIABILITY
- To the extent permitted by law, we are not liable for any loss or damage arising from your use of the Website or Products, except where caused by our breach of these terms, negligence or failure to comply with applicable law.
- To the extent permitted by law, our total liability to you in connection with these terms or any Product is limited to the amount you paid for the relevant Product.
- Nothing in these terms limits your rights under the Australian Consumer Law or any liability that cannot be excluded or limited by law.
- You are responsible for any loss or damage we suffer because of your misuse of the Website, breach of these terms, or infringement of our intellectual property rights.
17.3 CONSEQUENTIAL LOSS
- To the extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of data, business, profits, revenue, goodwill or opportunity, arising in connection with these terms, the Website or any Products.
- This clause does not limit any liability that cannot be excluded or limited by law, including under the Australian Consumer Law.
18. INTELLECTUAL PROPERTY
- intellectual property rights in the Website, Products and related materials are owned by us or our licensors. This includes all Website content, product designs, images, copy, packaging, branding, logos, trade marks, pending trade mark applications, product names and other brand assets, Including the TINOK Brand Guidelines.
- You may view and use the Website for your own personal, non-commercial use.
- You must not copy, reproduce, modify, distribute, sell, publish or otherwise use any part of the Website, Products or related materials without our prior written consent, except as permitted by law.
- Nothing in these terms transfers any intellectual property rights to you.
19. PRIVACY
We collect, hold, use and disclose personal information in accordance with our Privacy Policy, available at https://tinok.com.au/policies/privacy-policy.
20. GENERAL
20.1 GOVERNING LAW
These terms are governed by the laws of New South Wales, Australia. You and we submit to the courts of New South Wales, Australia.
20.2 WAIVER
A failure or delay by either party to exercise a right under these terms does not mean that right is waived. A waiver must be in writing.
20.3 SEVERANCE
If any part of these terms is invalid or unenforceable, that part will be removed to the extent necessary. The rest of these terms will continue to apply.
20.4 ASSIGNMENT
You must not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights or obligations where reasonably necessary, provided this does not materially reduce your rights under these terms.
20.5 ENTIRE AGREEMENT
These terms, together with any terms displayed at checkout or on the Website, form the agreement between you and us for your use of the Website and purchase of Products.
20.6 INTERPRETATION
In these terms:
- words like “including” or “includes” are not words of limitation;
- a reference to “you” includes the person using the Website or purchasing Products;
- a reference to “we”, “us” or “our” means Cactus Ave Pty Ltd trading as TINOK;
- headings are for convenience only and do not affect interpretation; and
- a reference to “$” or “dollars” means Australian dollars, unless stated otherwise.
21. NOTICES
- We may send notices to you by email using the email address you provide when placing an Order, creating an Account or contacting us.
- You may send notices to us using the contact details provided on the Website.
- A notice sent by email is taken to be received 24 hours after it is sent, unless the sender receives an error or delivery failure message.
22. CONTACT US
- If you have any questions about these terms, an Order or a Product, please contact us at:
Email: info@tinok.com.au
Address: Level 12, 171 Clarence St, Sydney NSW 2000
