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Terms & Conditions

A legal disclaimer

Terms and Conditions

These Terms and Conditions (“Terms”) apply to your use of [website domain] (the “Website”) and any purchase of products or services from [Business Name] (“we”, “us” or “our”). By using the Website or placing an order, you agree to these Terms.

1. Changes to these Terms

We may update these Terms from time to time by posting the updated version on the Website. The updated Terms will apply from the date they are posted (or any later date stated).

2. Eligibility and acceptable use
  • You must use the Website in a lawful manner and not misuse or interfere with the Website’s operation or security.

  • You must not attempt to gain unauthorised access to any part of the Website, accounts, or systems.

  • Information on the Website is intended for customers in Australia unless we state otherwise.

3. Products, services and pricing

We try to ensure product descriptions, images, availability and prices are accurate, but errors may occur. Prices are shown in Australian dollars (AUD) unless stated otherwise. We may change prices and availability at any time before you place an order.

4. Orders
  • When you place an order, you are making an offer to purchase. We may accept or reject your order (including after an order confirmation) for any reason permitted by law.

  • We may need to verify details before accepting an order.

  • If we cancel an order after payment has been taken, we will refund the amount paid for that item/order (subject to your rights under Australian Consumer Law).

5. Payment

Payment must be received in full before we dispatch products or provide services (unless we agree otherwise). Payments are processed by our third-party payment providers. You authorise us (and our providers) to charge the payment method you provide for the total amount of your order, including any shipping fees.

6. Shipping and returns

Shipping, delivery, returns and refunds are handled in accordance with our Shipping & Returns Policy (as updated from time to time). That policy forms part of these Terms.

7. Australian Consumer Law

Nothing in these Terms limits any rights you may have under the Australian Consumer Law (ACL) or other laws that cannot be excluded. Where we are permitted to limit our liability, we do so to the maximum extent allowed by law.

8. Intellectual property

All content on the Website (including text, graphics, logos, images and layout) is owned by us or our licensors and is protected by intellectual property laws. You may view and print content for your personal, non-commercial use only. You must not copy, reproduce, modify, distribute or exploit any content without our written permission.

9. User content and reviews

If you submit content (for example, reviews, comments, photos or testimonials), you represent that you have the right to do so and that it does not infringe any third-party rights or laws. You grant us a non-exclusive, royalty-free licence to use, reproduce and display that content for the purpose of operating and promoting our business (unless you ask us to remove it). We may moderate or remove content at our discretion.

10. Third-party websites

The Website may contain links to third-party websites. We do not control and are not responsible for the content, privacy practices or availability of those websites.

11. Disclaimers

To the extent permitted by law, we do not guarantee that the Website will be available, uninterrupted, secure, or free from errors or viruses. Information on the Website is provided in good faith but may not be complete or up to date.

12. Limitation of liability

To the maximum extent permitted by law (and subject to your non-excludable rights under the ACL), we are not liable for any indirect or consequential loss, loss of profit, loss of revenue, or loss of data arising from your use of the Website or any purchase. Where our liability cannot be excluded but can be limited, our liability is limited (at our option) to re-supplying the goods/services or paying the cost of having them supplied again.

13. Privacy

We handle personal information in accordance with our Privacy Policy.

14. Governing law

These Terms are governed by the laws of Australia and the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts in that State/Territory.

What to include in the T&C document

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more. 

 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.

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