TERMS AND CONDITIONS OF USE AND SALE 

www.openskysoul.com 

Operator and Legal Owner: Marissa Shelton 

Contact: marissa.e.shelton@gmail.com

Effective date: 6th August, 2025.

These Terms and Conditions govern access to and use of the Open Sky Soul website located at www.openskysoul.com and any related sub-pages, content feeds, and purchasing flows for digital products, services, and physical merchandise offered by Marissa Shelton trading as Open Sky Soul. Contract formation occurs with Marissa Shelton, whose principal place of business is in Queensland, Australia.

The Terms are intended for an international audience. Statutory rights under Australian law, United States federal and state laws, and applicable European Union legislation are referenced where pertinent. Nothing herein excludes rights that cannot lawfully be excluded or limited.

1. Acceptance of Terms; Contracting Parties; Updates

1.1 By accessing or using the Site, reading content, subscribing to emails, placing an order, downloading digital content, or otherwise interacting with the Site’s services, you accept these Terms and any policies referenced here by hyperlink. If you do not agree, cease use immediately.

1.2 If you are using the Site on behalf of a company or other legal person, you represent that you are authorised to bind that entity and that “you” includes the entity and its personnel who use the Site.

1.3 Terms may be updated from time to time to reflect legal, technical, or business changes. Revised Terms take effect upon posting to the Site, except where consumer law requires specific notice or consent. Material changes that affect existing purchases will be communicated by reasonable means, such as email to subscribers or a notice on the Site.

1.4 Continued use of the Site after changes indicates acceptance of the updated Terms, provided that changes will not retroactively alter rights for transactions already concluded, unless required by law or expressly agreed.

2. Eligibility; Geographic Reach

2.1 The Site is accessible globally. Certain features may not be available in all jurisdictions due to legal restrictions, sanctions, or logistical limits.

2.2 You must be at least 18 years old, or the age of majority where you reside, to make purchases. Minors may only purchase with the consent and under the supervision of a parent or legal guardian who becomes the contracting party.

3. Description of the Site and Services

3.1 The Site offers adventure and travel articles, destination guides, skills resources for outdoor activities, equipment recommendations, and community communications via email subscription. Digital products or services may include downloadable guides, templates, e-books, and online materials. Physical merchandise may include apparel and related goods.

3.2 Content is informational and educational in nature. Outdoor activities involve inherent risks. You bear responsibility for assessing conditions, exercising judgment, and complying with local regulations. Professional advice should be sought where appropriate. Nothing on the Site constitutes medical, legal, financial, or safety certification advice.

4. Account Registration; Subscriptions; Communications

4.1 Certain features may require registration or providing an email address for subscription. You must provide accurate, current information and keep it up to date.

4.2 You are responsible for safeguarding any credentials and for all activities under your account. Notify us promptly of unauthorised use.

4.3 By subscribing, you consent to receive service messages and promotional communications, subject to your rights to withdraw consent or opt out at any time. Additional details appear in the Privacy Policy and, as applicable, the Cookie Policy published separately.

5. Orders; Pricing; Taxes; Currency; Import Duties

5.1 Orders are offers to buy goods or services. Acceptance occurs when we send a written confirmation or deliver the item, whichever occurs first. We may decline an order for any lawful reason, including stock limits, suspected fraud, or typographical errors.

5.2 Prices are shown on the Site and may change without notice for future orders. Obvious errors may be corrected and, if material, you may cancel with a full refund.

5.3 Taxes. (a) Australia: Prices may be GST inclusive or exclusive as displayed. GST will be applied according to Australian law. (b) European Union: Where required, VAT will be charged at the applicable rate based on your location for electronically supplied services and certain goods, consistent with Council Directive 2006/112/EC and implementing rules for cross-border e-commerce. (c) United States: Sales or use tax may be applied where we have nexus or where marketplace rules require collection. You are responsible for any self-assessed use tax if not collected at checkout.

5.4 Import duties, customs, and local charges outside Australia may be levied by your country of residence. These costs are your responsibility and are not included in the checkout price unless explicitly stated.

5.5 Payment methods are shown at checkout. By providing a payment instrument, you represent that you are authorised to use it and authorise us and our payment processors to charge the total amount, including taxes and shipping where applicable.

6. Shipping; Risk of Loss; Title

6.1 For physical merchandise, shipping options and estimated delivery time frames are presented at checkout. Estimates are not guarantees. Risk of loss transfers to you upon delivery to the address you supplied or, for tracked deliveries, upon carrier confirmation of delivery. Title transfers upon full payment and dispatch.

6.2 You must provide a correct, deliverable address. Costs arising from failed delivery due to incorrect addressing or uncollected parcels may be charged to you.

6.3 Preorders will be shipped when available. Dates are estimates that may change due to manufacturing or logistics.

7. Digital Products and Services

7.1 Licence. Upon purchase of a digital product, you receive a personal, non-exclusive, non-transferable licence to download and use the content for your own non-commercial use unless expressly permitted otherwise. No ownership of intellectual property transfers. Resale, public posting, re-distribution, and removal of copyright notices are prohibited.

7.2 Technical Requirements. You are responsible for having compatible devices, software, and connectivity. We may update formats to maintain compatibility.

7.3 Access Delivery. Digital items are delivered by download link or account access. Links may have reasonable download limits and may expire to combat fraud.

7.4 EU consumers. For digital content not supplied on a tangible medium, you acknowledge that, by choosing immediate download or streaming and confirming consent to immediate performance, you lose the 14-day right of withdrawal under Directive 2011/83/EU as amended by Directive (EU) 2019/2161, except where the content is defective or non-conforming under Directive (EU) 2019/770 on digital content and services.

7.5 US consumers. Where applicable, provisions of the Uniform Commercial Code Articles 2 and 2A may inform warranty and remedy concepts for goods and certain software transactions as adopted by state law. Digital content is licensed, not sold, subject to these Terms and any end-user licence terms presented at purchase.

8. Intellectual Property; User Content; Feedback

8.1 Site content, including text, graphics, logos, images, videos, and trademarks, is owned by or licensed to Marissa Shelton and protected by copyright, trademark, and related laws. All rights are reserved.

8.2 User Contributions. If you submit comments, reviews, photos, or other materials, you grant a worldwide, royalty-free, non-exclusive licence to use, reproduce, publish, and display such materials for Site operation, marketing of the Site, and compliance purposes. You represent that your contributions do not infringe third-party rights and are lawful in your jurisdiction.

8.3 Feedback. Suggestions or ideas provided by you may be implemented without obligation to you, and no confidentiality is assumed unless agreed in writing.

8.4 Notice of Alleged Infringement. Rights holders who believe content on the Site infringes their rights should contact us at the address stated in Section 19 with sufficient detail to identify the work and the allegedly infringing material. Where the notice is valid, material may be removed or access disabled while we review.

9. Third-Party Services; Affiliate Relationships; External Links

9.1 The Site interfaces with third-party platforms, such as Squarespace hosting, Google Analytics, Pinterest, Instagram, and, prospectively, Google AdSense and email marketing tools. Each provider’s terms govern your use of their services. We are not responsible for third-party acts or omissions.

9.2 Articles may include product or destination recommendations. Where affiliate links or sponsorships are used, they may result in commissions or other consideration. Editorial opinions are our own unless expressly stated.

9.3 External links are provided for convenience. You assume all risk for visiting third-party sites. We do not control nor guarantee their content.

10. Acceptable Use; Prohibited Conduct

10.1 You agree not to: (a) attempt to gain unauthorised access to accounts or systems; (b) interfere with Site security or functionality; (c) copy, scrape, or automate bulk extraction of content except as permitted by robots.txt or express written consent; (d) post unlawful, defamatory, obscene, or misleading material; (e) engage in behaviour that infringes intellectual property or privacy rights; (f) misrepresent affiliation or impersonate another person; (g) use the Site for activities that violate applicable sanctions, export restrictions, or laws in your jurisdiction.

11. Returns and Refunds Policy

11.1 General Overview. Consumer rights vary by jurisdiction. The following policy applies in addition to, and does not limit, rights you hold under non-excludable consumer protection statutes such as the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), EU consumer directives, and relevant US state laws.

11.2 Physical Merchandise. (a) Change-of-Mind Returns. We accept returns of eligible, non-customised merchandise within 30 days of delivery. Items must be unused, unwashed, with original tags and packaging. Proof of purchase is required. You must first request a Return Authorisation by emailing marissa.e.shelton@gmail.com with order number, items, and reason. Returns sent without authorisation may be refused. (b) Condition and Inspection. Upon receipt, items are inspected. Excessive wear, damage, or missing components may result in rejection or a partial refund. (c) Exclusions. The following are not eligible for change-of-mind returns: personalised items; final-sale items clearly marked at checkout; items that for hygiene reasons cannot be resold after opening where not faulty. (d) Refund Method and Timing. Approved refunds are issued to the original payment method. Processing by your bank or card issuer may take up to 10 business days after our approval. Shipping charges are non-refundable unless the item is defective or we made an error. (e) Return Shipping. For change-of-mind returns, you are responsible for return postage and risk until delivery to our specified return address. For defective or incorrectly supplied items, we will cover reasonable return shipping or provide a prepaid label where available.

11.3 Defective Merchandise; Statutory Remedies. (a) Australia. Under the Australian Consumer Law, goods must be of acceptable quality, match description, and be fit for purpose. If a failure is major, you may choose a refund or replacement. If a failure is not major, we may repair or replace within a reasonable time; if we do not, you may obtain a refund or have the goods repaired elsewhere at our cost. These rights cannot be excluded. (b) European Union. Consumers have rights to conformity remedies under Directive (EU) 2019/771 for goods. Where goods lack conformity, you are entitled to repair or replacement, or, if not feasible within reasonable time, price reduction or termination with refund. (c) United States. Express written warranties, if any, are offered as stated on the product page. If a written consumer warranty is provided, the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312, applies to disclosures and remedy obligations. Unless a written warranty is expressly provided, merchandise is supplied with the implied warranties provided by applicable state law, subject to limitations permitted by that law.

11.4 Digital Products. (a) Non-Returnable After Access. Digital downloads are generally non-returnable once access is provided, given the nature of the product. If you have not accessed or downloaded the file, contact us within 14 days of purchase to request cancellation. (b) Defects and Non-conformity. If a digital file is corrupt, incomplete, or materially misdescribed, we will replace the file, restore access, or refund the purchase price where replacement is not possible. (c) EU Withdrawal. For EU consumers, the 14-day withdrawal right for distance contracts under Directive 2011/83/EU applies to digital content not supplied on a tangible medium unless you consent to immediate performance and acknowledge loss of the right before the download or streaming begins. We record that consent at checkout. (d) US Law Considerations. Remedies for defective digital goods follow applicable state law and the terms of the licence. To the extent permitted, implied warranties for digital content may be disclaimed or limited in accordance with Section 14.

11.5 Procedure for Returns and Refunds. Step 1: Email marissa.e.shelton@gmail.com with order number, items, photos where relevant, and reason. Step 2: Await written instructions, including return address and any prepaid label if applicable. Step 3: For physical items, pack securely. Include the Return Authorisation reference. Use a trackable carrier. Step 4: Upon receipt and inspection, we will email the outcome. Approved refunds will be processed within 5 business days by us, exclusive of bank processing times. Replacements or repairs will be arranged promptly where applicable.

11.6 Chargebacks. You agree to contact us first to resolve issues in good faith before initiating a chargeback. Nothing restricts your statutory rights to dispute unauthorised charges.

12. Promotions, Coupons, and Gift Cards

12.1 Promotional offers, coupons, and gift cards are subject to stated terms. Unless prohibited by law, offers are non-transferable, cannot be combined, and may have expiration dates. Suspected abuse may lead to cancellation.

13. Product Descriptions; Recommendations; Safety

13.1 We aim for accuracy in descriptions and imagery. Minor variations may occur. Colour representation can differ by display.

13.2 Adventure and equipment recommendations reflect honest opinions at the time of writing and may include affiliate relationships as disclosed. You must evaluate suitability for your own needs and skill level. Always follow manufacturer instructions and local regulations.

13.3 You are responsible for obtaining appropriate training and using proper safety equipment. Participation in outdoor activities carries risks of injury or death. You assume those risks to the fullest extent permitted by law.

14. Warranties and Disclaimers

14.1 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies guarantees, warranties, or other rights under the Australian Consumer Law that cannot be excluded.

14.2 EU Consumers. Mandatory consumer protection rights under EU law remain unaffected, including rights under Directives 2011/83/EU, 2019/770, and 2019/771.

14.3 US Consumers. To the maximum extent permitted by applicable state law, the Site and content are provided on an “as is” and “as available” basis. Implied warranties of merchantability and fitness for a particular purpose for informational Site content are disclaimed. For merchandise or digital products, implied warranties apply only to the extent they cannot be excluded under state law. If we provide a written warranty for a consumer product, it will be designated as “full” or “limited” pursuant to Magnuson-Moss and will describe the remedies available.

14.4 No guarantee is made regarding uninterrupted or error-free operation, or that content is free of inaccuracies. Reasonable care is taken, yet errors may occur, and content may change without notice.

15. Limitation of Liability

15.1 To the extent permitted by law, we are not liable for indirect, incidental, special, punitive, or consequential losses, including loss of profits, revenue, data, goodwill, or opportunity, arising out of or related to your use of the Site or purchase of products.

15.2 Where liability cannot be excluded, it is limited, at our option, to: (a) for goods, replacement or repair of the goods, or payment of the cost of replacement or repair; (b) for services, resupply of the services, or payment of the cost of resupply. This limitation does not apply to liability caused by our gross negligence, wilful misconduct, or where prohibited by consumer law.

15.3 Nothing excludes or limits liability for death or personal injury caused by negligence where such exclusion would be unlawful, nor liability for fraud or fraudulent misrepresentation.

16. Indemnity

16.1 You agree to indemnify and hold harmless Marissa Shelton and affiliates from claims, damages, liabilities, and expenses arising from your breach of these Terms, your misuse of the Site, or your violation of law or third-party rights, except to the extent caused by our act or omission contrary to law.

17. Privacy; Cookies

17.1 Personal data is handled in accordance with our separate Privacy Policy, prepared with reference to applicable laws, including the Privacy Act 1988 (Cth), the EU General Data Protection Regulation, and relevant US privacy rules where applicable.

17.2 Cookies and similar technologies used on the Site are detailed in our separate Cookie Policy. Your choices regarding analytics, advertising, and essential cookies are described there.

18. Sanctions; Export Controls; Geographic Restrictions

18.1 You represent that you are not located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive sanctions and that you are not a person on any applicable sanctions list. Use of the Site must comply with Australian sanctions laws, and where applicable, US and EU sanctions regimes.

19. Notices; Contact Information

19.1 Formal notices may be sent by email to marissa.e.shelton@gmail.com or via any contact form we provide. We may provide notices to you by email to the address you supplied or by on-Site postings.

20. Termination and Suspension

20.1 We may suspend or terminate access to the Site or cancel orders where lawful, including for breach, suspected fraud, or illegal conduct. Your rights to refunds or remedies under consumer law remain.

20.2 Upon termination, rights and obligations intended to survive, including intellectual property, disclaimers, limitations of liability, and indemnity, continue in effect.

21. Dispute Resolution; Consumers’ Options

21.1 Informal Resolution. Contact us first to attempt a good-faith resolution.

21.2 Australian Consumers. You may have access to local consumer dispute resolution bodies in your State or Territory. Nothing restricts your right to seek relief in a court of competent jurisdiction.

21.3 EU Consumers. You may use the European Commission’s Online Dispute Resolution platform pursuant to Regulation (EU) No 524/2013. Local consumer protection agencies may also be available.

21.4 US Consumers. Where permitted by state law, disputes may be brought in state or federal courts located in a competent venue. Jury trial waivers or arbitration provisions are not imposed in these Terms. If a separate arbitration agreement is presented for a particular product or promotion, it will govern that dispute.

22. Governing Law and Jurisdiction

22.1 For Australian residents or purchases shipped to Australia, these Terms and any dispute are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

22.2 For EU consumers, mandatory consumer protection rules of your country of habitual residence apply, and you may initiate proceedings in your local courts. The contract otherwise references Australian law.

22.3 For US consumers, to the extent a choice of law is permitted, the laws of Queensland, Australia, will apply without regard to conflict-of-laws principles, and courts of competent jurisdiction may adjudicate disputes. Your non-waivable rights under federal or state consumer protection statutes remain unaffected, including rights under the Federal Trade Commission Act, 15 U.S.C. § 45, and state Unfair and Deceptive Acts or Practices laws.

23. Compliance Statements and Legislative References

23.1 Australian Consumer Law. Consumer guarantees under the Competition and Consumer Act 2010 (Cth), Schedule 2, apply and cannot be excluded. Sections relevant to unfair contract terms and consumer guarantees, including ss. 18, 23–28, and Part 3-2, are acknowledged.

23.2 European Union. Distance selling and digital content rights are addressed with reference to: (a) Directive 2011/83/EU on consumer rights; (b) Directive (EU) 2019/770 on contracts for the supply of digital content and digital services; (c) Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods; (d) Directive 93/13/EEC on unfair terms in consumer contracts; and (e) Regulation (EU) No 524/2013 on online dispute resolution.

23.3 United States. Consumer protection obligations are recognised under: (a) the Federal Trade Commission Act, 15 U.S.C. § 45, regarding unfair or deceptive acts or practices; (b) the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312, for written consumer product warranties; (c) the Uniform Commercial Code Articles 2 and 2A as enacted by individual states for sales and leases of goods; and (d) state UDAP laws and right-to-cancel provisions where applicable.

23.4 Advertising and Endorsements. Endorsements and testimonials are intended to comply with applicable guidance, including the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.

24. Force Majeure

24.1 We are not liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, acts of government, labour disputes, shortages, or failures of carriers or utilities. Payment obligations for amounts already due are not excused.

25. Severability; No Waiver; Assignment; Entire Agreement

25.1 If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in effect.

25.2 No waiver of any right is effective unless in writing and applies only to the specific instance.

25.3 You may not assign or transfer your rights or obligations without our prior written consent. We may assign to a successor or acquirer in connection with a reorganisation or transfer of the business.

25.4 These Terms constitute the entire agreement between you and us regarding the Site and supersede all prior or contemporaneous communications on the same subject, except for additional product-specific terms presented at checkout.

26. How to Exercise Your Rights and Contact Us

26.1 For returns, defects, cancellations, warranty questions, or statutory rights, contact: marissa.e.shelton@gmail.com. Include your name, order number, and relevant details. We will respond within a reasonable time frame.

Mandatory Australian Consumer Law Notice 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Acknowledgement 

By using the Site or completing a purchase, you confirm that you have read and understood these Terms and agree to be bound by them. For clarity, privacy and cookie matters are addressed in separate policies available on the Site.

Document notes 

These Terms have been structured to address multi-jurisdictional consumer rights and to reflect the specific nature of Open Sky Soul’s activities in travel content, recommendations, digital downloads, and merchandise. Cross-references to statutes are provided to clarify the legal basis for remedies and obligations and are not exhaustive. Where a conflict arises between these Terms and mandatory law in your jurisdiction, mandatory law prevails.