TERMS OF USE

TERMS OF USE

Wicked Labs AU

Last Updated: 3/3/2026

These Terms of Use (“Terms”) govern your access to and use of the website wickedlabsau.com.au (the “Website”), including all products, services, content, customisation tools, and related functionality offered by Wicked Labs AU (“we”, “us”, “our”).

By accessing or using our Website, purchasing a product (including custom PS5 controllers, modified gaming controllers, accessories, or related services), or interacting with any part of our platform, you agree to be legally bound by these Terms and our Privacy Policy.

1. ACCEPTANCE OF TERMS

By using this Website, you confirm that:

  • You are at least 18 years old; or
  • You are accessing the Website under the supervision of a parent or legal guardian; and
  • You have the legal capacity to enter into a binding agreement under the laws of Australia.

If you do not agree with these Terms, you must immediately cease using the Website.

We reserve the right to update, amend, or modify these Terms at any time. Continued use of the Website following any changes constitutes acceptance of the revised Terms.

2. ABOUT WICKED LABS AU

Wicked Labs AU is an Australian-based business operating from New South Wales. We specialise in:

  • Custom-built gaming controllers
  • Modified PlayStation 5 (PS5) controllers
  • Performance gaming controller upgrades
  • Rear remap button modifications
  • Instant triggers and performance enhancements
  • Accessories and protective cases

All products are sold subject to Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth).

3. WEBSITE USE

3.1 Permitted Use

You may use the Website solely for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Website in any way that violates Australian law;
  • Attempt to gain unauthorised access to our systems;
  • Interfere with Website functionality or security;
  • Upload malicious code, viruses, or harmful software;
  • Use automated bots, scrapers, or data mining tools without written consent.

3.2 Account Responsibility

If you create an account, you are responsible for maintaining confidentiality of your login details and for all activity under your account.

4. PRODUCT INFORMATION & CUSTOMISATION

Wicked Labs AU offers custom gaming controllers tailored to customer-selected specifications.

By placing a custom order, you acknowledge:

  • Your selected configuration is final once production begins;
  • Minor cosmetic variations may occur;
  • Custom builds may alter manufacturer warranties;
  • Lead times may vary depending on demand.

All descriptions, images, and specifications are provided in good faith but may contain minor errors. In the event of a significant error, we reserve the right to correct it and offer a refund where appropriate.

5. INTELLECTUAL PROPERTY

All content on this Website — including logos, product designs, graphics, layout, text, product images, and customisation interfaces — is owned by or licensed to Wicked Labs AU and is protected under Australian copyright and intellectual property laws.

You may not reproduce, distribute, modify, or commercially exploit any content without prior written consent.

6. USER SUBMISSIONS

If you submit reviews, feedback, images, or other content (“User Content”), you grant Wicked Labs AU a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and publish such content for marketing and promotional purposes.

You warrant that:

  • You own the rights to the submitted content;
  • The content does not infringe third-party rights;
  • The content is not unlawful, defamatory, or misleading.

We reserve the right to remove any content at our discretion.

7. AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts, or modifies any rights you have under Australian Consumer Law.

Under the ACL, products must be:

  • Of acceptable quality;
  • Fit for purpose;
  • As described.

If a product fails to meet a consumer guarantee, you may be entitled to repair, replacement, or refund as required by law.

8. PRIVACY

We collect, store, and use personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

By using the Website, you consent to such collection and use.

9. PRICING & PAYMENT

9.1 Pricing

All prices displayed on the Website are listed in Australian Dollars (AUD).

Prices are subject to change at any time without notice. Promotional pricing may be offered temporarily and may be withdrawn at our discretion.

Shipping costs, where applicable, will be displayed at checkout.

9.2 Payment

Payment must be made in full before production or dispatch of any product.

We accept approved electronic payment methods including credit/debit cards and other Shopify-supported payment providers.

You warrant that all payment information provided is accurate and that you are authorised to use the selected payment method.

10. CUSTOM PRODUCTS & PRODUCTION

Most Wicked Labs AU products are built to order.

By purchasing a custom-built controller, you acknowledge:

  • Orders cannot be modified once production has commenced;
  • Change-of-mind cancellations are not accepted after production begins;
  • Lead times may vary depending on demand and component availability.

This does not limit your rights under Australian Consumer Law.

11. SHIPPING, DELIVERY & RISK

Title and risk in goods pass to you upon dispatch from our facility in New South Wales, unless otherwise required by law.

We are not responsible for delays caused by couriers, customs processing, or events beyond our control.

If goods are damaged in transit, you must notify us within 5 business days of delivery.

12. RETURNS & REFUNDS

Due to the customised nature of our products, change-of-mind returns are generally not accepted.

However, nothing in these Terms limits your rights under Australian Consumer Law.

If a product has a major failure under the ACL, you are entitled to a refund or replacement.

If a product has a minor failure, we may choose to repair, replace, or refund the product as permitted by law.

13. CHARGEBACKS

You agree not to initiate a chargeback without first contacting us to attempt resolution.

Fraudulent chargebacks may result in suspension of access to the Website and future purchasing restrictions.

14. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis.

We do not guarantee that:

  • The Website will be uninterrupted or error-free;
  • Defects will be corrected immediately;
  • The Website is free from viruses or harmful components.

This disclaimer does not exclude statutory consumer guarantees under Australian Consumer Law.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential loss;
  • Our total liability for any claim is limited to the amount paid for the affected product.

This limitation does not apply where liability cannot be excluded under Australian Consumer Law.

16. INDEMNITY

You agree to indemnify and hold harmless Wicked Labs AU, its directors, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses arising from:

  • Your breach of these Terms;
  • Your misuse of the Website;
  • Your violation of any law or third-party rights.

17. FORCE MAJEURE

We are not liable for failure or delay in performance due to events beyond our reasonable control, including but not limited to:

  • Natural disasters;
  • Supply chain disruptions;
  • Government actions;
  • Courier delays;
  • Power or internet outages.

18. SUSPENSION & TERMINATION

We may suspend or terminate access to the Website at our discretion if you breach these Terms or engage in unlawful activity.

Termination does not affect rights or obligations that have accrued prior to termination.

19. GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of Australia and the State of New South Wales.

You agree that any dispute arising from or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

20. DISPUTE RESOLUTION

Before commencing legal proceedings, you agree to first contact us in writing to attempt to resolve any dispute in good faith.

If a dispute cannot be resolved within 30 days of written notice, either party may commence proceedings in a court of competent jurisdiction in New South Wales.

Nothing in this section limits your rights under Australian Consumer Law.

21. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable under applicable law, that provision shall be severed to the extent necessary, and the remaining provisions shall remain in full force and effect.

22. ASSIGNMENT

You may not assign or transfer your rights under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms without restriction.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Terms of Sale, constitute the entire agreement between you and Wicked Labs AU regarding your use of the Website.

They supersede any prior agreements, communications, or understandings.

24. CLASS ACTION WAIVER

To the extent permitted by Australian law, you agree that any legal proceedings shall be conducted on an individual basis and not as part of a representative, consolidated, or class action.

This clause does not exclude any rights that cannot be lawfully excluded under Australian legislation.

25. EXPORT & COMPLIANCE

You are responsible for ensuring that your purchase and use of our products complies with all applicable laws in your jurisdiction.

You must not use our products in violation of any Australian export control laws or regulations.

26. ELECTRONIC COMMUNICATIONS

By using this Website, you consent to receiving electronic communications from us, including order confirmations, updates, marketing communications (where permitted), and legal notices.

Electronic communications satisfy any legal requirement for written communication.

27. GIFT CARDS

If Wicked Labs AU offers digital or physical gift cards:

  • Gift cards do not expire unless required by law;
  • Gift cards are non-refundable and not redeemable for cash (except where required by law);
  • Lost or stolen gift cards may not be replaced;
  • We reserve the right to cancel gift cards suspected of fraudulent activity.

28. CONTACT DETAILS

If you have any questions regarding these Terms, please contact:

Wicked Labs AU
Website: wickedlabsau.com.au
Email: support@wickedlabsau.com.au
Location: New South Wales, Australia