Effective Date: July 2026
This website is operated by Audima Labs Pty Ltd (“we”, “us”, or “our”). By accessing or using our website or purchasing our products, you agree to comply with these Terms of Service. These terms apply to all users, including browsers, customers, and content contributors.
If you do not agree to all these terms, please do not use our website or purchase our products.
We reserve the right to update these Terms of Service at any time by posting updates to our website. Your continued use of the website after changes are posted constitutes acceptance of those changes. It is your responsibility to review these terms periodically.
Eligibility and Account Use
By using this website, you confirm that you are at least 18 years of age or the age of majority in your jurisdiction. If you are under 18, you must have consent from a parent or legal guardian to use this site.
You agree to provide accurate and up-to-date information when creating an account or placing orders. You are responsible for maintaining the confidentiality of your account credentials.
Reservations
We offer product reservations for upcoming production batches. By placing a reservation, you acknowledge:
Reservation Terms
- What a Reservation Is: Your payment is a refundable reservation that secures your place and launch access for an upcoming batch. It is not a purchase of the product, is not applied as a credit toward the purchase price, and is not an additional discount on VIP pricing
- Full Refund Period: Reservation payments are fully refundable until we finalise manufacturing numbers for your batch
- Launch Window: You must complete your purchase during the designated launch window (communicated via email) to claim your reservation benefits
- Missed Launch: If you miss the launch window entirely, your reservation does not guarantee product availability in future batches
- Batch Transfers: At our discretion, we may offer to transfer your reservation to a subsequent batch with updated timelines and pricing
It is your responsibility to monitor your email and respond within the specified launch timeframe. We are not responsible for missed opportunities due to unmonitored inboxes or email delivery failures.
Reservation refunds are not automatic and must be requested. See our Return, Refund, and Warranty Policy for how to request a refund of your reservation payment.
Pre-Order Products
All Audima Labs products are custom-manufactured to specification on a pre-order basis. By purchasing a pre-order product, you acknowledge and agree to the following:
Pre-Order Terms
- Production Timeline: Pre-order items typically ship within 4–6 months from purchase date, subject to manufacturing and supply chain factors
- Manufacturing Commitment: Full payment is required upfront to reserve your unit in the production queue
- Cancellations and Returns: Cancellation windows, fees, and our 30-Day Money-Back Guarantee are set out in our Return, Refund, and Warranty Policy
Pre-order items are clearly marked as such on product pages and at checkout. You cannot accidentally purchase a pre-order item.
Sway Care+ Protection Plan
Sway Care+ is our optional protection plan providing 12-month accidental damage and hardware defect cover, running from the date of delivery. It can be added to your order at checkout or purchased within 30 days of your delivery date, and coverage is linked to your original order number, applying only to the unit purchased under that order.
Full coverage terms — including what is and isn’t covered, claim limits, the claim process, shipping responsibilities, and refund conditions — are set out in our Return, Refund, and Warranty Policy. Sway Care+ benefits are in addition to your rights under the Australian Consumer Law and our standard warranty coverage.
Payment Terms
Full payment is required at the time of purchase for all pre-order items. Payment reserves your position in the production queue and commits us to manufacturing your product.
Payment Methods
We accept major credit cards, debit cards, and other payment methods as displayed at checkout. All payments are processed securely through PCI-compliant payment processors.
Pricing
Pricing is displayed in $USD and may be subject to currency conversion fees from your financial institution. We reserve the right to adjust pricing for future production batches, but your order price is locked at the time of purchase.
Taxes and Duties
Prices may not include applicable sales tax, GST, VAT, or import duties. International customers are responsible for all customs charges, import duties, and taxes imposed by their country unless stated otherwise.
Intellectual Property
All content on this website, including text, graphics, logos, images, software, and product designs, is the property of Audima Labs Pty Ltd and is protected by Australian and international copyright, trademark, and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works, publicly display, or commercially exploit any content from our website without our express written permission.
User-Generated Content
If you submit reviews, comments, media, or other content to our website, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, and display that content for business purposes. You represent that you own or have rights to any content you submit.
Prohibited Activities
You agree not to use our website or products for any purpose that is:
Prohibited Uses
- Illegal, fraudulent, or violates any applicable laws or regulations
- Harmful to minors in any way
- Infringing on intellectual property rights of Audima Labs or third parties
- Harassing, abusive, threatening, defamatory, or discriminatory
- Involves transmitting viruses, malware, or malicious code
- Involves collecting personal information without consent
- Involves submitting false or misleading information
- Designed to interfere with or disrupt our services or servers
We reserve the right to refuse service, terminate accounts, or cancel orders for violations of these terms or any other reason at our sole discretion.
Product Information and Availability
We strive to provide accurate product descriptions, specifications, and availability information. However, we do not warrant that product descriptions, images, or other content is accurate, complete, current, or error-free.
We reserve the right to:
- Limit or cancel orders based on availability, production capacity, or other factors
- Discontinue products at any time without prior notice
- Correct pricing or specification errors even after orders are placed
- Modify or cancel promotional offers without prior notice
If we discover a pricing or specification error after you have placed an order, we will notify you and offer the option to proceed at the correct price or cancel for a full refund.
Limitation of Liability
To the maximum extent permitted by law, Audima Labs Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our products or services.
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (ACL) or other applicable consumer protection laws that cannot be lawfully excluded. Our liability for any breach of a consumer guarantee is limited to, at our option:
- In the case of goods: replacement, repair, or refund
- In the case of services: resupply or payment for resupply
Indemnification
You agree to indemnify and hold harmless Audima Labs Pty Ltd, its officers, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your breach of these Terms or violation of any law or third-party rights.
Privacy and Data Protection
Your use of our website and purchase of our products is subject to our Privacy Policy, which outlines how we collect, use, store, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy.
Third-Party Links and Services
Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of third-party sites. Your use of third-party services is at your own risk.
Dispute Resolution and Governing Law
These Terms of Service are governed by the laws of Australia. Any disputes arising from these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts of Australia.
Informal Resolution
Before initiating formal legal proceedings, we encourage you to contact us at contactus@audima.com.au to attempt informal resolution of any disputes.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms of Service, together with our Privacy Policy, Shipping and Delivery Policy, and Return, Refund, and Warranty Policy, constitute the entire agreement between you and Audima Labs Pty Ltd regarding your use of our services.
Contact Information
Questions or concerns about these Terms of Service should be directed to:
Email: contactus@audima.com.au
Response Time: Within 3 business days
Last Updated: July 2026
