Terms

Effective from April 20th 2021

Updated January 11th 2024

INTRODUCTION

We have carefully drafted these Terms and Conditions (“hereby referred to as “Terms”) so that you are aware of the rules that will regulate our relationship with you. We have tried to break it down and simplify the Terms however there will be a fair bit of legal jargon as these Terms do form a legally binding contract between you and Estimra Pty. Ltd. Please read them carefully and remember, if you do not agree with the following Terms, do not use our services and/or purchase our products.

ACCEPTANCE OF TERMS

The products and services that Estimra Pty. Ltd. provides to customers is subject to the following Terms and Conditions ("Terms"). Estimra Pty. Ltd. reserves the right to update the Terms at any time without notice to the customer. The most current version of the Terms can be reviewed by clicking on the "Terms of Use" link located at the bottom of the Web pages. By making a purchase from, and using this website www.estimra.com you have agreed to these terms of use.

This Agreement, which incorporates by reference other provisions applicable to use of www.estimra.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.estimra.com , sets forth the terms and conditions that apply to use of www.estimra.com by User. By using www.estimra.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.estimra.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

USER CONDUCT

User shall use www.estimra.com for lawful purposes only. User shall not post or transmit through www.estimra.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Estimra Pty. Ltd. express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Estimra Pty. Ltd. discretion restricts or inhibits any other User from using or enjoying www.estimra.com will not be permitted.

www.estimra.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.estimra.com are copyrighted as a collective work under the Australia copyright laws. Estimra Pty. Ltd. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Estimra Pty. Ltd. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

User shall not upload, post or otherwise make available on www.estimra.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.estimra.com, User automatically grants, or warrants that the owner of such material has expressly granted Estimra Pty. Ltd. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Estimra Pty. Ltd. the right to edit, copy, publish and distribute any material made available onwww.estimra.com by User.

The foregoing provisions of Section 5 are for the benefit of Estimra Pty. Ltd., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If www.estimra.com requires the User to sign up, the User must complete the registration process by providing Estimra Pty. Ltd. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Estimra Pty. Ltd. immediately of any unauthorized use of the User's account or any other breach of security. Estimra Pty. Ltd. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Estimra Pty. Ltd. or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

PROMO CODE

A promo code is to be entered only in the designated field during the checkout process prior to finalising the payment of the purchase. Any attempts to utilize a promo code once payment has been processed will not be validated.

WARRANTY

All watches provided by Estimra Pty. Ltd. are covered by a two year (24 months) mechanical warranty along with a 3 month battery warranty from the date of purchase. This warranty will cover you for any manufacturing defects on the movement and/or case of the watch. Accidental damages to the watch are not covered, for example scratches to the glass, case, strap, wear and tear will not be covered by this warranty. Water damage and damages caused by modifications or improper repair of parts will also not be covered. To process a warranty request the customer must contact customer.service@estimra.com, they will then be provided with further instructions. Estimra Pty. Ltd. will thoroughly assess the returned product, once deemed defective they will either replace or repair the product or refund the price of the purchase back to the original payment method.

RETURN POLICY

Estimra Pty. Ltd. is constantly trying it’s best to ensure high customer satisfaction. The customer is entitled to return their order within 7 days of receiving their item if they have a change of heart, the customer must contact Estimra Pty. Ltd. at customer.service@estimra.com to begin this process. To qualify for the 7 day free return, the item must be unworn and in its original packaging, along with any stickers and or tags the item had come with. This return will also only be accepted if the item was purchased through www.estimra.com. All returned items will be thoroughly assessed by Estimra Pty. Ltd. in order to validate a refund/exchange. If a refund is approved, the funds will be deposited into the original payment method. Please keep in mind with the current COVID-19 restrictions our team must adhere to a strict return criteria, failing to comply with the requirements above will not grant you a free return. To apply please contact our friendly team at customer.service@estimra.com.

PRICING

Estimra Pty. Ltd. reserves the right to alter the prices on any product, correct any incorrect pricing, add and/or remove fees without providing any notice. If an item is purchased with incorrect pricing Estimra Pty. Ltd. has the right to cancel the order at any time followed by a full refund of the amount paid.

TAXES

Estimra Pty. Ltd. continually works towards minimising excessive fees and taxes for the consumer. All prices displayed on www.estimra.com are GST inclusive in accordance with the Australia legislation so that the consumer is able to freely ship tax free. Estimra Pty. Ltd. is not liable for any further customs, duty fees and taxes outside of the Australia legislation.

FORCE MAJEURE

Estimra Pty. Ltd. is exempt from liability for any failure or delay in performance due to circumstances beyond its control. This includes, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, global pandemics, health crisis, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services, telecommunications and courier services). The party that is affected by any such event shall notify the other party within a maximum of 15 days from its occurrence via email at customer.service@estimra.com . The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

TERMINATION

Estimra Pty. Ltd. has the right to terminate your use and/or account/profile of the website www.estimra.com at its sole discretion.

FRAUD

Estimra Pty. Ltd. reserves the right to cancel any orders if deemed suspicious. All matters relating to fraud may be reported to the authorities. If a customer is having issues with a purchase they made via Paypal they must contact Estimra Pty. Ltd. at customer.service@estimra.com . There are resources in place to efficiently and fairly resolve transaction disputes. If the customer lodges a chargeback via PayPal, Estimra Pty. Ltd. reserves the right to deem this action as fraudulent to which it may then be reported to authorities.

GOVERNING LAW AND JURISDICTION

This Agreement and any operating rules for www.estimra.com established by Estimra Pty. Ltd. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

COPYRIGHT NOTICE

INTELLECTUAL PROPERTY RIGHTS

Estimra Pty. Ltd. owns all its intellectual property rights, such as trademarks and copyright on www.estimra.com. Any use of the site www.estimra.com or its content including copying or storing such content for commercial use is prohibited without the permission of Estimra Pty. Ltd.

LIABILITY

Estimra Pty. Ltd. is not responsible for errors relating to delivery delays, economic harm and/or loss of data. In regards to NFTs, Estimra Pty. Ltd. will only provide the customer necessary information to successfully enter the presale at a discounted price on OpenSea and or the website www.estimra.com. In no event will Estimra Pty. Ltd. be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms, the site, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data and whether caused tort (including negligence), breach of contract, or otherwise even if foreseeable and even if Estimra Pty. Ltd. has been advised of the possibility of such damages. In no event shall the maximum aggregate liability of Estimra Pty. Ltd. arising out of or in any way related to these terms, the access and use of the site, content NFTs or any product or services purchased on the site exceed AUD $100.

CHANGES

Estimra Pty. Ltd.shall have the right at any time to change or discontinue any aspect or feature of www.estimra.com. Estimra Pty. Ltd. also has the right at any time to change or modify the terms and conditions applicable to the users of www.estimra.com or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use.

CONTACT US

We welcome all comments, forms and feedback. You can reach us at customer.service@estimra.com or alternatively use the form displayed in the Contact Us page.