Terms of Service

1. Definitions

In these Terms, unless the context otherwise requires:

• "We", "us", "our" refers to Protocol Labs (ABN 49 634 013 629), the legal entity that operates this website and the Neil the Seal Official brand.
• "Neil the Seal Official" means the website, brand, and consumer-facing identity of the services offered at neiltheseal.com, operated by Protocol Labs.
• "You", "your" refers to any person accessing or using our website, game, or store.
• "Website" means neiltheseal.com and all associated subdomains and pages.
• "Game" means the Cone Run browser-based game accessible on this Website.
• "Store" or "Shop" means the merchandise store operated through this Website.
• "Products" means all physical goods offered for sale through the Store.
• "Order" means a request submitted by you to purchase one or more Products.
• "ACL" means the Australian Consumer Law, as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Consumer Guarantees" means the mandatory guarantees provided to consumers under the ACL that cannot be excluded, restricted, or modified.
• "Intellectual Property" means all copyright, trade marks, designs, patents, trade secrets, and other intellectual property rights.
• "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).

2. Acceptance & Eligibility

By accessing the Website, playing the Game, or purchasing Products, you confirm that you:

• Are at least 13 years of age, or have parental or guardian consent if you are under 18;
• Have the legal capacity to enter into a binding contract;
• Have read, understood, and agree to be bound by these Terms and our Privacy Policy; and
• Are not prohibited from receiving our services under any applicable laws.

If you do not agree to these Terms, you must immediately cease using the Website, Game, and Store. We reserve the right to refuse access to any person at our absolute discretion.

3. Website Use

3.1 Permitted Use

You may access the Website for lawful personal, non-commercial purposes only. You must not:

• Use the Website in any way that violates applicable local, national, or international laws or regulations;
• Transmit any unsolicited commercial communications, malware, viruses, or harmful code;
• Attempt to gain unauthorised access to any part of the Website, our servers, or databases;
• Use automated tools, scripts, bots, or scrapers to extract data from the Website without prior written consent;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website for commercial purposes without our express written permission;
• Engage in conduct that is defamatory, harassing, abusive, or otherwise objectionable;
• Impersonate us, our staff, or any other person or entity.

3.2 Availability

We do not guarantee that the Website will be available at all times. We reserve the right to suspend, restrict, or terminate access to the Website at any time and for any reason, including for maintenance, updates, or security purposes, without notice and without liability to you.

3.3 Third-Party Links

The Website may contain links to third-party websites. We are not responsible for the content, accuracy, or availability of those sites and do not endorse or take any responsibility for any third-party content, products, or services.

4. Cone Run Game

4.1 Game Access & Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and play the Cone Run game for personal, non-commercial entertainment purposes only. This licence does not include the right to copy, modify, distribute, reverse-engineer, or create derivative works of the Game or any associated assets.

4.2 Game Data & High Scores

High scores and game progress are stored locally on your device using browser storage. We do not guarantee the retention, accuracy, or availability of any game data. We accept no liability for loss of game progress, scores, or data arising from browser settings, device changes, clearing of storage, or any other cause.

4.3 Game Availability

The Game is provided on an “as is” and “as available” basis. We make no warranty that the Game will be continuously available, error-free, or free from interruptions. We reserve the right to modify, suspend, or discontinue the Game at any time without notice and without liability.

4.4 No Prizes or Competitions

Unless separately and expressly communicated by us in writing, the Game does not constitute a competition, lottery, or promotional game. No prize, monetary reward, or other benefit is awarded for gameplay, scores, or achievements.

4.5 Age Suitability

The Game is suitable for all ages and does not contain adult content, gambling elements, or in-game purchases. It is provided free of charge for entertainment purposes.

5. Merchandise Store

5.1 Orders & Acceptance

All Orders placed through the Store constitute an offer by you to purchase Products subject to these Terms. An Order is not accepted until we send you an Order Confirmation email. We reserve the right to refuse or cancel any Order at any time prior to fulfilment, including where:

• A Product is out of stock or discontinued;
• A pricing error has occurred (see clause 6.2);
• We suspect fraudulent, unauthorised, or unlawful activity;
• You have previously breached these Terms;
• We are unable to deliver to your nominated address.

If we cancel your Order prior to fulfilment, we will provide a full refund of any amount paid using the original payment method.

5.2 Product Descriptions

We take all reasonable care to ensure that product descriptions, images, and specifications on the Website are accurate. However, product images are for illustrative purposes only and colours, textures, and dimensions may vary slightly from those displayed due to screen calibration differences and manufacturing tolerances. Such minor variations do not constitute a defect.

5.3 Availability

All Products are subject to availability. We do not guarantee that any Product will remain in stock. Where a Product is unavailable after an Order has been placed and confirmed, we will contact you as soon as reasonably practicable and offer a full refund or, where available, a suitable alternative.

5.4 Order Cancellation by You

You may request cancellation of an Order only before it has been despatched. Once an Order has been despatched, it cannot be cancelled and our Shipping & Returns Policy will apply. To request a cancellation, contact us immediately at legal@neiltheseal.com. We will make all reasonable efforts to accommodate cancellations but cannot guarantee that an Order can be stopped once processing has commenced.

6. Payment & Pricing

6.1 Prices

All prices listed on the Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable. Shipping and handling charges are additional and will be displayed at checkout prior to completion of your Order.

We reserve the right to change prices at any time without notice. Price changes will not apply to Orders that have already been confirmed.

6.2 Pricing Errors

In the event of a manifest pricing error (including where a price is clearly and obviously incorrect), we reserve the right to cancel an Order and refund any payment made, even after an Order Confirmation has been issued. We will notify you promptly in this event. “Manifest error” does not include ordinary sale discounts or promotional pricing.

6.3 Payment Processing

Payments are processed via Stripe, Inc., a third-party payment processor. By completing a purchase, you also agree to be bound by Stripe's terms of service and privacy policy. We do not store your complete credit card or financial information on our servers. All payment data is encrypted and handled by Stripe in compliance with PCI-DSS standards.

6.4 Failed Payments

If your payment cannot be processed, your Order will not be confirmed and will be automatically cancelled. We accept no liability for losses arising from failed payment transactions.

6.5 Taxes & Customs Duties (International Orders)

For Orders shipped outside of Australia, you are solely responsible for any import duties, customs taxes, excise taxes, or other charges levied by the destination country's customs authorities. We have no control over and accept no liability for such charges. We recommend contacting your local customs office before ordering if you are uncertain about applicable duties.

7. Shipping & Delivery

Shipping and delivery terms are governed by our Shipping & Returns Policy, which forms part of these Terms and is incorporated herein by reference. Key points:

• Delivery timeframes are estimates only and are not guaranteed;
• Deliveries may take up to four (4) weeks from despatch date;
• International deliveries may take longer due to customs processing;
• We are not liable for delays caused by third-party carriers or customs authorities;
• Risk of loss passes to you upon handover to the carrier at our nominated despatch facility.

8. Returns & Remedies

Our returns and remedies terms are governed by our Shipping & Returns Policy and the mandatory Consumer Guarantees under the ACL (see clause 15).

We do not accept returns for change of mind, incorrect size ordered, or where you have simply changed your mind about a purchase. Subject to your rights under the ACL, all sales are final.

Nothing in these Terms limits your statutory rights under the ACL with respect to faulty, defective, or misdescribed goods.

9. Intellectual Property

9.1 Our Intellectual Property

All content on the Website and in the Game, including but not limited to the “Neil the Seal Official” name and branding, Cone Run game code and assets, graphic designs, illustrations, typography, photographs, videos, text, trade marks, logos, and the overall look and feel of the Website, are owned by or licensed to us and are protected by Australian and international intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in our Intellectual Property. You must not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our Intellectual Property without our prior written consent.

9.2 Feedback

If you provide us with feedback, suggestions, ideas, or other input regarding the Website, Game, or Products (“Feedback”), you grant us an irrevocable, perpetual, royalty-free, worldwide licence to use, reproduce, modify, and incorporate that Feedback into our products and services without any obligation to you.

10. User Content

If you submit, post, or share any content through the Website (including via contact forms, social media tags, or any other channel associated with us), you warrant that:

• You own or have all necessary rights and permissions to submit that content;
• The content does not infringe the rights of any third party;
• The content is accurate, lawful, and not misleading;
• The content does not contain malware, offensive material, or content that is otherwise objectionable.

By submitting content to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use, display, reproduce, modify, and distribute that content for promotional and business purposes without further notice or payment to you.

11. Privacy

Your privacy is important to us. The collection, use, and handling of your Personal Information is governed by our Privacy Policy, which forms part of these Terms and is incorporated herein by reference. By using the Website, you consent to the collection and use of your Personal Information as described in our Privacy Policy.

12. Disclaimers

12.1 “As Is” Basis

To the maximum extent permitted by applicable law, the Website and Game are provided on an “as is” and “as available” basis without any representation, warranty, or guarantee of any kind, whether express, implied, statutory, or otherwise.

12.2 No Warranty of Accuracy

We make no warranty or representation as to the accuracy, completeness, reliability, timeliness, or fitness for a particular purpose of any content on the Website. Information on the Website may be subject to change without notice.

12.3 Wildlife Disclaimer

Neil the Seal is a real wild animal. Content on this Website depicting Neil is for entertainment and informational purposes only. We strongly encourage responsible wildlife observation practices. We are not affiliated with any wildlife management authority. Our wildlife content does not constitute professional advice. If you encounter Neil or any wild seal, please maintain a safe distance and contact local wildlife authorities if the animal appears to be in distress.

12.4 Game Disclaimer

The Game is a fictional entertainment product. Neil the Seal depicted in the Game is a stylised, fictional representation. Gameplay mechanics and scenarios are entirely fictional and are not intended to depict, encourage, or represent actual behaviour toward real wildlife or road infrastructure.

13. Limitation of Liability

13.1 Exclusion of Consequential Loss

To the maximum extent permitted by applicable law (including the ACL), we exclude all liability for any indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with your use of the Website, Game, or Products, including but not limited to:

• Loss of profit, revenue, or anticipated savings;
• Loss of data or game progress;
• Loss of business opportunity or goodwill;
• Damage to device, software, or data caused by use of the Website or Game;
• Any loss arising from reliance on content published on the Website.

13.2 Cap on Liability

To the extent that our liability cannot be fully excluded under applicable law, our total aggregate liability to you for any claim arising out of or in connection with these Terms, the Website, the Game, or any Product is limited to the lesser of:

• The total amount paid by you for the specific Product giving rise to the claim; or
• AUD $100.

13.3 Non-Excludable Rights

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the ACL, including Consumer Guarantees, that cannot lawfully be excluded. Where the ACL applies, our liability for a failure to comply with a Consumer Guarantee is limited (to the extent permitted by law) to, at our option: resupply of the goods or services, repair of the goods, or the cost of having the goods or services resupplied or repaired.

14. Indemnification

You agree to indemnify, defend, and hold harmless Protocol Labs, its officers, directors, employees, agents, licensors, suppliers, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Website, Game, or Store; (b) your breach of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to us. This indemnification obligation will survive termination of these Terms.

15. Australian Consumer Law

Our products and services 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.

These statutory Consumer Guarantees exist independently of and in addition to any policy or warranty stated on this Website. No term in these Terms, including any limitation or exclusion clause, operates to remove or limit your rights under the ACL to the extent that such removal or limitation would be unlawful.

For further information about your consumer rights, visit the Australian Competition and Consumer Commission at www.accc.gov.au.

16. Termination

We may immediately suspend or terminate your access to the Website, Game, or Store, without notice and without liability, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or if required to do so by applicable law.

Upon termination, the licences granted to you under these Terms will immediately cease, and you must stop using the Website and Game. Provisions of these Terms that by their nature should survive termination — including clauses relating to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — will survive.

17. Changes to These Terms

We reserve the right to amend these Terms at any time. Any changes will be effective immediately upon posting of the updated Terms on the Website, with the “Last updated” date revised accordingly. We encourage you to review these Terms periodically.

Your continued use of the Website, Game, or Store after any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our services.

18. Governing Law & Disputes

18.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Tasmania, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Tasmania and the Federal Court of Australia for the resolution of any dispute arising out of or in connection with these Terms.

18.2 Dispute Resolution

Before commencing any legal proceedings, you agree to first contact us in writing at legal@neiltheseal.com to attempt to resolve the dispute in good faith. We will respond within 14 business days. If the dispute cannot be resolved through direct negotiation within 30 days of your initial written notice, either party may proceed to formal dispute resolution.

18.3 Consumer Disputes

Nothing in this clause limits your right to lodge a complaint with the ACCC, your state's Consumer Affairs office, or other regulatory body, or to pursue a claim through the small claims division of your relevant state tribunal.

19. Contact