Terms of service

OVERVIEW

This website is operated by NATPAT. Throughout the site, the terms “we”, “us” and “our” refer to NATPAT. NATPAT offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy:

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall NATPAT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NATPAT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION

Please read this Section (Arbitration Agreement) carefully. It is part of your contract with NATPAT and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, except as specifically excluded in Section (G) (Exclusions from Arbitration) below, you, or anyone purchasing Products or otherwise acting on your behalf, and NATPAT, and any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, agree that any dispute, claim or disagreement arising out of or relating in any way to your access to or use of the NATPAT’s website, or your relationship with NATPAT, any communications you receive from NATPAT or its representatives, any Products purchased, sold, or distributed through the NATPAT’s website or these Terms, prior versions of these Terms and all other terms incorporated herein, including claims and disputes that arose between you and us before the effective date of these Terms and any disputes regarding the scope or validity of this Arbitration Agreement (each, a “Dispute”) will be resolved exclusively by binding arbitration, rather than in court.

   For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms, including any other terms, as well as claims that may arise after the termination of these Terms or any other terms. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in Section (B) (Informal Dispute Resolution) below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in Section (G) (Exclusions from Arbitration) below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the NATPAT’s website.

2. Informal Dispute Resolution. If a Dispute arises, NATPAT is committed to working with you to reach a reasonable resolution. You and NATPAT agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (Informal Dispute Resolution). You and NATPAT therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), each party will act in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement. For all Disputes, whether pursued in arbitration or small claims court, you must first send a written description of your Dispute to allow us an opportunity to resolve the dispute (Notice). Your Notice should be sent by email to legal@natpat.com or regular mail to our address at PO Box 83, Prahran, VIC, Australia, 3181.

   The Notice must include: (1) your full name, telephone number, mailing address, e‐mail address associated with your purchase or/and account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; (3) a description of your Dispute; and (4) the resolution sought (together, the Required Information). This Required Information is necessary to give NATPAT sufficient information to address your dispute. If your Notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice shall be without effect, and must be re-sent before any arbitration or other legal action can be initiated against NATPAT. You and we each agree to negotiate your Dispute in good faith. You may request arbitration if your Dispute cannot be resolved within sixty (60) days of our receipt of the Notice. Engaging in the Informal Dispute Resolution process described herein is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this Section.

3. Rules and Forum. The Terms and/or the purchase of Products on the NATPAT’s website evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice by the receiving party, then, and only then, you and NATPAT agree that either party may initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association (AAA). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that NATPAT shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by NATPAT.

   The arbitration will be administered in accordance with the Consumer Arbitration Rules (the AAA Rules) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

   All hearings will be conducted virtually using Zoom or other digital means, due to the slim likelihood and great expense of the parties being physically present in the United States. No in-person hearings will take place under any circumstances. You agree that any NATPAT employee or affiliate, regardless of location, may participate in the hearing via telephone or video conference, and their physical presence will not be required.

   For claims under $25,000, the arbitration will be conducted based solely on written submissions, unless a virtual hearing is requested by you and the arbitrator determines that such a hearing is necessary. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. Pre-hearing information exchanges will ordinarily be limited to the reasonable production of non-privileged documents directly relevant to the Dispute. Unless the arbitrator determines that an additional form of information exchange is necessary, those documents will be limited to your NATPAT account history and communications directly related to your purchases of Products through your NATPAT account.

   Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. You and NATPAT agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All arbitration proceedings shall also be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

4. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

5. Arbitration Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. The arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules), and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office.

   Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. Absent appeal, the award of the arbitrator will be final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

   Nothing in this Section will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate. You and we agree that any claims for damages must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from NATPAT.

6. Attorneys’ Fees and Costs. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or NATPAT need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

7. Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; and (iv) all Disputes arising out of or relating to Section (I) (Waiver of Class and Other Non-Individualized Relief) below, including any claim that all or part of Section (I) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

8. Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND NATPAT HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NATPAT are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section (A) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

9. Waiver of Class and Other Non-Individualized Relief. YOU AND NATPAT AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

   Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section (I) (Waiver of Class and Other Non-Individualized Relief) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and NATPAT agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court.

   This Section (I) (Waiver of Class and Other Non-Individualized Relief) does not prevent you or NATPAT from participating in a class-wide settlement of claims. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

10. 30-Day Right to Opt Out. If you do not wish to be bound by this Arbitration Agreement and/or class action waiver, you have the right to opt out of its provisions by email to legal@natpat.com or regular mail to our address at PO Box 83, Prahran, Victoria, Australia, 3181, within thirty (30) days after first becoming subject to this Arbitration Agreement (the Opt-Out Deadline). Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms, including all applicable other terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

11. Invalidity, Expiration. Except as provided in Section (I) (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with NATPAT as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

12. Modification. We may amend these Terms and/or this Arbitration Agreement at any time, and such amendments will become effective once they are posted. Unless you reject the change within thirty (30) days of such change becoming effective, by email to legal@natpat.com or regular mail to our address at PO Box 83, Prahran, Victoria, Australia, 3181, your continued use of the NATPAT’s website, including the purchase of products offered on the NATPAT’s website following the posting of changes to these Terms or to the Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Arbitration Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the NATPAT’s website, any communications you receive, any products purchased, sold or distributed through the NATPAT’s website or these Terms, the provisions of the Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. NATPAT will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Arbitration Agreement.

Limited Warranty

This Limited Warranty is in addition to, and does not override, your statutory rights that cannot be waived or limited by contract. Consumers are free to make a warranty claim under this Warranty. They may also exercise their statutory consumer rights.

Note: This Limited Warranty is valid only for products that you bought through our online store located at natpat.com/ (the “Products”).

1. What our limited warranty covers

NATPAT (“we, us and our”) extend the following limited warranty to the buyer of the Products (“you and your”):

• The Product you bought will match the descriptions we gave you when you contacted us.

• The quality of the Product will be reasonably satisfactory.

• The Product will fit your particular purpose if we promised that the Product would meet a need you told us about, based on our records.

Your warranty will be valid for the following duration: one year from the date you received your Product. Your date of receipt will be the date shown on our delivery records for your order.

We will replace or repair all defective Products, provided you make a proper warranty claim (Section C, below). In the unlikely event that we can’t fix a warranty failure, we will reimburse you the purchase price that you paid, less the amount directly attributable to your use and enjoyment of the Product in question before the non-conformance was discovered.

2. What our limited warranty does not cover

NATPAT’s warranty commitments do not cover claims resulting from:

• aesthetic defects or minor deviations of the Products from images posted on our website, or due to naturally occurring variations in the materials used;

• improper assembly, use or care, contact with animals, or site or environmental conditions (such as environments with high heat, high humidity, high salinity or pollutant gases);

• use in anything other than a domestic, private and non-commercial setting;

• contact with moisture (including, without limitation, due to conditions such as hyperhidrosis or contact with aqueous or organic solvents), thermal degradation or elements that are known to cause a breakdown of materials;

• modifications or failure to follow the recommended instructions (https://www.natpat.com/pages/how-to); or

• abuse, negligence, accident, fire or water damage, transportation by the customer or other causes beyond our control.

3. How to make a warranty claim

Please submit your warranty service claims promptly. For your warranty claims to be effective, you must submit your claims within 14 days of noticing the defect.

You must provide your order number to validate your warranty. Submit your claims through the contact form to ensure proper handling. You must provide us with a clear picture of the alleged defect. If you refuse to send us the picture that we need to process your claim, we may assume that you cannot substantiate your claim or have abandoned your claim.

4. Limitation on transferability of warranties

The NATPAT Warranty applies to the original purchaser only. All subsequent owners of the NATPAT Product acquire it “as is.” Any attempt to transfer any warranty in violation of this paragraph will void the warranty.

If you have questions about the transferability of your warranty, please contact NATPAT at care@natpat.com.