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TERMS & CONDITIONS

 

Last updated 2021

Hazel and Folk Designs Pty Ltd

 

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

 

Welcome to Hazel + Folk.

In these terms, we also refer to Hazel + Folk as “our”, “we, or “us”.

And you are you :)

 

What are these terms about?

These terms apply when you use this website, being https://hazelandfolk.com and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://hazelandfolk.com/pages/privacy-policy.

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an order for the purchase of a Product using the Website’s functionality (Order), the terms accepted at the point of sale will apply to your purchase of those Products.  However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products.  You can check the date at the top of this page to see when we last updated these terms.

 

  • For When You Buy Products…

 

  • SUBMITTING AN ORDER
    • By submitting an Order you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide when submitting your Order.

(b)          Submitting an Order constitutes your intention and offer to enter into Part A of these Terms and Conditions (including Part C which you agree to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c)          Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.

  • ACCOUNTS
    • To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
    • As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
    • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    • You are responsible for maintaining the confidentiality and integrity of your Account. To this end, you agree you will not disclose your password to any third party and take all reasonable steps to ensure a third party does not gain access to your Account.  We will not be held liable for any loss you suffer as a result of any unauthorised access to your Account, including your debit and/or credit card information.
    • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
  • PRODUCTS
    • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. By purchasing Products, you accept that our Products may vary slightly from the Products displayed on our Website for various reasons including the nature of hand-dyed garments and your screen display, colour and brightness and image quality.
    • Until the price of your Products is paid in full, title in those Products is retained by Hazel + Folk. Risk in the Products will pass to you on delivery in accordance with clause 5.  Delivery must not be refused by you.
    • Although we endeavour to ensure that Product availability displayed on our Website is up to date, all Orders are subject to availability of the goods requested. In the event we are unable to fulfil your Order or any part thereof, we will refund you the price paid for the unavailable Products.
    • We reserve the right to restrict the number of Products for any one Order.
    • We may offer promotional codes for use on our Website for discounted prices on the Products. Promotional codes are only valid and redeemable through our checkout in accordance with the process set out on the Website, social media accounts or otherwise communicated by us to you in writing.  We may change the terms of our promotional codes from time to time, and we will use our best endeavours to communicate these changes to you.
  • PAYMENT
    • All prices are:
      • per unit (except where indicated);
      • in Australian Dollars; and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order. In the event payment does not clear or is otherwise dishonoured, we will cancel your Order and notify you accordingly.
    • (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Hazel + Folk, you must pay the GST subject to Hazel + Folk providing you with a tax invoice.
    • (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • (Online payment partner) We use third-party payment providers (Payment Providers) to collect payments for Products, including GooglePay, ApplePay and ShopPay and Zip Pay (and others from time to time). The processing of payments by the Payment Provider, including in relation to interest on late payments will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.  We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    • (AfterPay) If you use AfterPay to purchase any Products, your use of AfterPay will be subject to AfterPay’s terms and conditions, including in relation to interest on late payments.
    • (Pricing errors) In the event that we discover an error or inaccuracy in the price of your Product at the time when your Order was processed (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Product at the correct price or cancelling your Order.  If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
  • DELIVERY AND SHIPPING
    • (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
    • (Delivery Details) Hazel + Folk may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
      • delivery is to the delivery point specifically accepted by Hazel + Folk; and
      • we will deliver the Products to you in accordance with the shipping information displayed in these Terms and Conditions and/or on our Website.
    • (Delivery Information) Our current delivery information is as follows (which is provided on an indicative basis and is subject to change without notice):

Country

Order Value

Cost

Method
(indicative only)

Timeframe
(estimate only)

To Australia

Under $250 

$10 

DHL Courier Express with signature on delivery or Aus Post Express

Metro areas: 5 to 8 business days

Outside metro areas: 5 to 10 business days

To Australia 

Over $250 

FREE

DHL Courier Express with signature on delivery or Aus Post Express

As above

To United States & New Zealand

All orders

$29

DHL Courier Express with signature on delivery or Aus Post Express

Allow 5 to 10 business days

Rest of world

All orders

$39

DHL Courier Express with signature on delivery 

Allow 5 to 10 business days

  • (Packing) We endeavour to ship your Order on the business day after your Order is confirmed from our main shipping facility in Bali, Indonesia. Weekends and public holidays are excluded from our estimated delivery timeframes so please take this into account if you require your Order by a specific date.  Our dedicated Hazel + Folk team will carefully pack your Order and provide you with a tracking number as soon as it has been picked up by the courier or applicable postal service.  Prior to sending your Order, we will carefully steam the Products to minimise any creases and perform one last quality check.  We then photograph the Products and weigh your Order parcel to ensure all Products are packed correctly.  We are a small business that will always care about each Product that is sent out to our customers.  We may occasionally process Orders from our facility on the Gold Coast, Australia, if stock to fulfil your Order is located on the Gold Coast, in which case Orders will be sent with Express Post satchels from Australia Post with tracking details provided once posted.
  • (Tracking and Delivery) You will be able to track your Order with the link and tracking information provided in the email we send to you once your Order has been confirmed and picked up by the courier or applicable postal service. The courier or applicable postal service may provide you with estimated delivery times and dates on your Order.   All Orders will be sent via express delivery and require signature on delivery.  In the event you or someone authorised to sign on your behalf are not present at the time of delivery, your Order may be returned to us or redirected to an alternative address and re-delivery charges may apply.  We are not responsible for any arrangements you make with the courier or applicable postal service regarding delivery of your Order, including accepting delivery without signature or Orders being left unattended.  The courier or applicable postal service may not leave parcels unattended or deliver to PO boxes and it is your responsibility to ensure suitable delivery arrangements and provide correct contact details to ensure delivery can be made properly and in a timely fashion.
  • (Queries) If you are unsure if your Order is likely to reach you in time for a special event, prior to placing an Order, please email us at hello@hazelandfolk.com so we can check with the courier or applicable postal service to determine whether it is likely to make it to you on time.
  • (Estimates/guides only) Any delivery timeframes provided in these Terms and Conditions or on our Website are indicative and are estimates only and are subject to delays and other issues beyond our control. We do not make any representations, warranties or guarantees in relation to delivery timeframes. 
  • (Delivery Issues) Third party courier terms apply to the delivery of Orders to you. Any problems with delivery may be directed to us to troubleshoot the issue.  We will endeavour to assist you with any delivery issues to the extent possible. 
  • (No liability) We will not be liable for any loss or damaged suffered as a result of or in connection with late or failed deliveries. We are also not liable for any shipping or delivery costs incurred by you as result of any delivery issues or delays due to the actions or inactions of you or the courier or applicable service provider, including but not limited to your communications or arrangements with them, or otherwise in relation to delivery or shipping of your Order as we have no control over these processes once your Order has been picked up from our facilities.
  • CUSTOMS & DUTY
    • Hazel + Folk reserves the right to refuse international Orders. Approved international Orders may be subject to customs and import duties upon reaching its country of destination.
    • All Orders are sent by us with customs and import duties unpaid from our facilities (including from our facility in Bali, Indonesia or our facility in Gold Coast, Australia). You will be responsible for paying all customs and import duties applicable to your Order and acknowledge that failure to pay may result in your Order being held at customs, destroyed or otherwise fail to be delivered.  Please check the applicable laws and regulations on importing goods from overseas prior to placing your Order as these laws and regulations (and applicable customs and import duties) are subject to change.  It is your sole responsibility to understand applicable import laws and regulations.  We strongly suggest you consult with your local customs department and also look at available online resources (for example: http://www.dutycalculator.com/) to understand about duties, taxes and other charges which may apply to your Order.
    • We will not be liable for any loss or damage you may incur as a result of having your Order released from customs, including any shipping costs, customs or import duties you may be required to pay.
    • If you fail to receive your delivery for any reason and the Order is “returned to sender” in circumstances where the Order was sent from our facility in Indonesia, you will be responsible for all customs and import duties upon re-entry of the Order to Indonesia. Your failure to pay these costs may result in your Order being deemed abandoned and destroyed by Indonesian customs.  We will not refund your Order or the shipping costs incurred in these circumstances.  If you pay all applicable customs and import duties for re-entry to Indonesia for an Order that has been “returned to sender” and subsequently wish to receive your Order again, you will be required to pay all further shipping costs to your nominated shipping address as a precondition to re-delivery.
    • We must declare the full value paid on your Order for customs purposes. We cannot declare alternate amounts requested by you.
    • You acknowledge that any “free shipping” promotions or discounts provided by us specifically exclude any customs and import duties applicable to your Order (and these remain your sole responsibility).
    • CHANGES TO YOUR ORDER
    • CANCELLATION BY US

We reserve the right to cancel your Order for any reason and will notify you of this as soon as possible.  Where payment has already been debited, the full amount will be credited back to your original method of payment.

  • CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you.  Once payment has been made and we confirm your Order, your Order is binding and cannot be cancelled or changed by you.  We are also unable to change the delivery address of your Order once your Order is confirmed, so please check your delivery details carefully before making your Order.  Our refunds and exchanges process in clause 7.3 may apply in certain circumstances.

  • RETURNS AND EXCHANGES
    • (Change of Mind Returns) We offer change of mind returns on full price Products in their original condition for a refund, store credit, or exchange. The refund, store credit or exchange value will be the price paid less shipping costs.
    • To qualify for a change of mind return, you must notify us within 3 days of receiving your Order that you wish to make a return by email to hello@hazelandfolk.com. We will then email you our Returns Form which will stipulate our Gold Cost, Australia facility as the returns address and for you to post the Order to that address within 5 days of you receiving the Order.  Your Order is deemed to be received by you when tracking states your Order has been delivered.
    • To qualify for a change of mind return, your Products must not have been worn, damaged or washed, must have their original tags (undamaged) on them and must be neatly packaged and sent to us within the above return timeframes. Products returned to us must also be sent with a trackable shipping method.
    • We will inspect the Products upon receipt of any returned Orders. If the above returns requirements are not satisfied, we will send the Products back to you with a trackable shipping method and you are responsible for all shipping and re-delivery costs.
    • All returns and exchanges must be pre-approved by us. We do not provide refunds or exchanges requested after our returns period has expired for any reason including change of mind, cancellation of events (weddings/photoshoots etc), change of colour or size, delivery issues or any similar reasons.  Please keep this in mind when placing your Order.
    • Any shipping or delivery costs for returned Products are at your expense and original shipping costs for your Orders will not be refunded. Exchange postage costs are also at your expense.  We will endeavour to let you know as soon as the Order is received for confirmation of your exchange Product and your postal address.
    • Products that attract a discount of 11% or more are “sale items”. Change of mind returns on sale items can only be returned for a store credit, valid for 3 years from the date of your original Order.  The above return timeframes apply to sale items.
    • We encourage sustainable ordering practices. If 3 or more Products from a single Order are returned, we will charge a restocking fee of 5% of the value of the Order.  If one Product is kept from an Order of 3 or more Products, we will not apply the restocking fee. 
    • We will provide a full refund of the price paid for a Product if we determine that:
      • a Product you have ordered was not received by you solely due to failure by us;
      • a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
      • a Product is faulty, in accordance with clause 3(j)).
    • (Faulty products) The following process applies to any Product you believe to be faulty.
      • If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
      • If we determine that your Product may be faulty, we will request that you send the Product back to us for further inspection. We reserve the right to further inspection before deeming a Product faulty.
      • If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
      • If we determine that the Product is faulty we reserve the right to repair or replace the Product. If the Product is no longer in stock, you will be issued a refund.  All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.  You will be credited for shipping costs in all return of faulty Products circumstances.
      • If you fail to comply with the provisions of this clause 7 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
      • Nothing in this clause 7 is intended to limit or otherwise affect the operation of any warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
    • RATINGS AND REVIEWS
      • The Website may allow you to leave ratings or reviews regarding the relevant Products or your experience with us (each a ‘Review’).
      • You must provide true, fair and accurate information in your Reviews.
      • If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from using the Website, or submitting future Reviews. We do not undertake to review each Review made by a customer.
      • To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
      • You must only write about your own service experience or the Products you purchased. You are not permitted to write a Review about somebody else’s service experience, such as that of a family member or friend.
    • INTELLECTUAL PROPERTY
      • Hazel + Folk retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce or otherwise commercialise the Products.
      • In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    • COMMUNICATIONS AND MARKETING

All communications, comments, feedback, suggestions, ideas or other submissions offered to Hazel + Folk shall be and remain the property of Hazel + Folk.  In turn, Hazel + Folk shall be free to use the content of such communications (including ideas, inventions, concepts, techniques) for any purpose including development and/or marketing of goods and services.  By participating in surveys, contests or promotions of this site or by requesting promotional information or updates, you hereby agree that Hazel + Folk may use information about you for marketing, product development or promotional purposes and is under no obligation to pay the user any compensation for any submissions.

  • PUBLISHING PHOTOS ONLINE

You may publish photos of the Products, and we ask that you please provide accreditation to Hazel + Folk by reference or hashtag. We reserve the right to require you to remove any posts that feature the Products, our Products for resale or hire or remove any accreditation to us.

  • PERSONAL USE

Hazel + Folk Products can only be purchased for personal use and may not be resold or hired out for commercial use without the express written consent of Hazel + Folk.  Any violation of this may result in legal action.

  • THIRD PARTY SUPPLIERS
    • We may do any of the following:
      • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      • procure materials and Products from third party suppliers,

without further notice to or permission from you.

  • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
  • THIRD PARTY PLATFORM
    • This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://www.shopify.com/legal/terms.
    • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

 

  • For When You Browse This Website…

 

  • ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  • YOUR OBLIGATIONS

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Hazel + Folk;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of Hazel + Folk, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • gaining unauthorised access to Website accounts or data;
    • scanning, probing or testing the Website for security vulnerabilities;
    • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • instigate or participate in a denial-of-service attack against the Website.
  • INFORMATION ON THE WEBSITE
    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • You acknowledge and agree that your use of the Website is at your own risk.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices and other Website Content.
  • INTELLECTUAL PROPERTY
    • Hazel + Folk retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, photographs, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Hazel + Folk or as permitted by law.
    • In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • THIRD PARTY TERMS AND CONDITIONS
    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    • You agree to any Third Party Terms applicable to any third party goods and services, and Hazel + Folk will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    • To the maximum extent permitted under applicable law and our agreements with any third party providers, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website.
  • LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  • SECURITY
    • You are solely responsible for any information that you transmit to us through our Website.
    • While we use our best endeavours to maintain the security of our Website, we do not guarantee the security of the Website, our records, or any information you submit to us through our Website.
    • Hazel + Folk does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
  • PRIVACY

By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.  You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods requested by you, and for any other purposes we consider reasonable.  Such use will be compliant with the terms of our Privacy Policy.

  • REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

  • ASK US ANYTHING

If you have any queries regarding delivery or anything else, we are only too happy to help.  Just send us an email to hello@hazelandfolk.com and one of our team will reply within 24 hours.


 

  • Liability And Other Legal Terms…

 

  • LIABILITY
    • To the maximum extent permitted by applicable law, Hazel + Folk limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Hazel + Folk, is limited to total amount paid to us.
    • Claims for loss of or damage to Products in transit must be made against the carrier.
    • All other express or implied representations and warranties in relation to Products and the associated services performed by Hazel + Folk are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify Hazel + Folk and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
      • breach of any of these terms;
      • use of the Website; or
      • use of any goods or services provided by Hazel + Folk.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Hazel + Folk be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any goods or services provided by Hazel + Folk (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  • Groups

Where we use social media pages or groups run by us, such pages will only be used to advertise our Products and services and to facilitate community interaction.  The terms found in Part B and Part C of these Terms and Conditions will apply to your use of our social media pages or groups.

  • FORCE MAJEURE

Hazel + Folk will not be liable for any failure or delay in complying with any obligation imposed by these Terms if the failure or delay arises directly from an any circumstance beyond our control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, pandemics, delays or disruption by government or government agencies.

  • GENERAL
    • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Australia.  Each party irrevocably submits to the exclusive jurisdiction of the courts of Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Term and Conditions.  Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  • WAIVER

No party to these Terms and Conditions may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  • SEVERANCE

Any term of these Terms and Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable.  The validity and enforceability of the remainder of these Terms and Conditions is not limited or otherwise affected.

  • JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  • ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of the other party.

  • COSTS

Except as otherwise provided in these Terms and Conditions, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms and Conditions.

  • ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms and Conditions.

  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (currency) a reference to $, or "dollar", is to Australian currency;
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word "includes" and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  • NOTICES
    • A notice or other communication to a party under this agreement must be:
      • in writing and in English; and
      • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
      • 24 hours after the email was sent; or
      • when replied to by the other party,

whichever is earlier.

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