Terms of Service

TERMS OF SERVICE

Effective Date: May 2026  |  Last Updated: May 2026

1. Overview
Welcome to Prosper & Adore. The terms “we,” “us,” and “our” refer to Prosper & Adore (ABN: 20 929 136 594), an Australian-registered business operating an e-commerce store specialising in Colombian-inspired shapewear. Prosper & Adore is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy and Return & Refund Policy, describe your rights and responsibilities when you use our website and services (collectively, the “Services”). By visiting, interacting with, or using our Services, you agree to be bound by these Terms. If you do not agree, you should not use or access our Services.

2. Australian Consumer Guarantees
CONSUMER RIGHTS NOTICE
Our products come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable mandatory consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

For United States customers, your rights under applicable federal and state consumer protection laws, including the right to seek remedies in your local jurisdiction, are not limited by these Terms.

3. Access and Account
By agreeing to these Terms, you represent that you are at least 18 years of age. You are solely responsible for maintaining the security of your account credentials and for all activity under your account.

4. Our Products
We make every effort to provide accurate representations of our products. However, colours and appearance may differ from how they appear on your screen due to device settings. Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and to limit quantities on a case-by-case basis.

4.1 Health and Medical Disclaimer
Prosper & Adore shapewear products are fashion and body-shaping garments. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition. Our products have not been evaluated by the Therapeutic Goods Administration (TGA) in Australia, the Food and Drug Administration (FDA) in the United States, or any other medical regulatory body. If you have health concerns, please consult your healthcare provider before using compression garments.

5. Orders and Payment
When you place an order, you are making an offer to purchase. Prosper & Adore reserves the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance and process payment. Purchases are subject to our Return & Refund Policy.

6. Prices and Billing
Prices are displayed in the currency shown at checkout. For Australian customers, prices are displayed in Australian Dollars (AUD). For international customers, prices may be displayed in local currency where supported by Shopify Markets. All prices include applicable taxes for Australian customers. For United States customers, applicable sales tax is calculated at checkout based on the delivery address.

Prosper & Adore reserves the right to correct pricing errors. In the event of an incorrect price, we may cancel orders placed at the incorrect price and will notify the customer and issue a full refund.

7. Shipping and Delivery
Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss passes to you. Full shipping details are provided in our Shipping Policy.

8. Intellectual Property
All content on our Services, including text, images, graphics, logos, product names, and design, is the property of Prosper & Adore or its licensors and is protected by Australian intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth), and applicable international intellectual property treaties.

The following are trademarks of Prosper & Adore: “Prosper & Adore,” “CurveSculpt,” “SmoothFit,” “LuxeLift,” “360° Curve-Control Architecture,” and “Distributed Compression Architecture.” You may not use these marks without prior written permission.

9. Relationship with Shopify
Prosper & Adore is powered by Shopify, which enables us to provide the Services. Any sales and purchases you make are made directly with Prosper & Adore. Shopify is not responsible for any aspect of any sale between you and Prosper & Adore, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims arising from your purchases with Prosper & Adore.

10. Privacy
All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Consumer Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

11. User Feedback and Reviews
By submitting reviews, testimonials, photographs, or other content, you grant Prosper & Adore a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, and display such content across all media. You represent that you own all rights in submitted content and that it does not violate third-party rights.

12. Prohibited Uses
You may access the Services for lawful purposes only. You may not use the Services to violate any law, infringe intellectual property rights, harass any person, transmit false information, upload malicious code, or use automated tools to scrape or access the Services without authorisation. We reserve the right to suspend or terminate your account for violations.

13. Third-Party Links
The Services may contain links to third-party websites. We are not responsible for the content, privacy practices, or accuracy of third-party sites. Access third-party websites at your own risk.

14. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY PROSPER & ADORE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW.

15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PROSPER & ADORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW OR OTHER APPLICABLE MANDATORY CONSUMER PROTECTION LEGISLATION.

16. Indemnification
You agree to indemnify and hold harmless Prosper & Adore, Shopify, and our affiliates from any claims, damages, or expenses arising from your breach of these Terms, your violation of any law, or your access to the Services.

17. Termination
We may terminate this agreement or your access to the Services at any time without notice. The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.

18. Governing Law
JURISDICTION
These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, except where mandatory consumer protection laws of your jurisdiction provide otherwise.

For United States customers, nothing in this clause limits your rights under applicable federal or state consumer protection laws, including the right to seek remedies in your local jurisdiction where such rights cannot be waived by contract.

19. Severability
If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement
These Terms, together with our Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and Prosper & Adore regarding the Services.

21. Changes to Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated effective date. Material changes will be communicated via email or website notice. Continued use of the Services after changes constitutes acceptance.

22. Contact
Questions about these Terms should be sent to:
Business Name: Prosper & Adore
ABN: 20 929 136 594
Email: support@prosperandadore.com
Phone: 1800 457 765
Postal Address: PO Box 3163 — Shop 4/255 Edmondson Ave, Austral NSW 2179, Australia