Website Terms and Conditions of Use
1. About the Website
- Welcome to www.tradiewives.com.au (the ‘Website‘). The Website provides advertising services (the ‘Services‘).
- The Website is operated by Verity Hare (the ‘Service Provider’)(ABN 13570404594) Access to and use of the Website, or any of its associated Products or Services, is provided by the Service Provider. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- the Service Provider reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Service Provider updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Service Provider in the user interface.
3. Subscription to use the Services
- In order to access the Services, you must first purchase a non exclusive subscription through the Website (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account‘).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Business name
- You warrant that any information you give to the Service Provider in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period‘).
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with the Service Provider; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Service Provider of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of the Service Provider providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Service Provider;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by the Service Provider for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- Where the option is given to you, you may make payment of the Subscription Fee by way of:
- All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
- You agree and acknowledge that the Service Provider can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- Your subscription will automatically renew on the anniversary date of your original subscription
6. Refund Policy
- The Service Provider will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the Service Provider makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).
7. Copyright and Intellectual Property
- The Website, the Services and all of the related products of the Service Provider are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by the Service Provider or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by the Service Provider, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- the Service Provider does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Service Provider.
- the Service Provider retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of the Service Provider and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- the Service Provider will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Service Provider make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Service Provider) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of the Service Provider; and
- the Services or operation in respect to links which are provided for your convenience.
- Not withstanding the above, the Service Provider reserves the right to accept or reject any advertising application request without cause.
10. Limitation of liability
- the Service Provider’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that the Service Provider, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
- The Terms will continue to apply until terminated by either you or by the Service Provider as set out below.
- If you want to terminate the Terms, you may do so by:
- providing the Service Provider with 2 days notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where the Service Provider has made this option available to you.
- Your notice should be sent, in writing, to the Service Provider via email [email protected]
- The Service Provider may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- the Service Provider is required to do so by law;
- the provision of the Services to you by the Service Provider is, in the opinion of the Service Provider, no longer commercially viable.
- Subject to local applicable laws, the Service Provider reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Service Provider’s name or reputation or violates the rights of those of another party.
- Not withstanding the above, the Service Provider reserves the right to accept or reject any advertising application request without cause.
- You agree to indemnify the Service Provider, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
13. Dispute Resolution
- If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the The Institute of Arbitrators & Mediators Australia (IAMA) or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in 2/13-15 Bridge St, Sydney NSW 2000, Australia.
- All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
- If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
- The Services offered by the Service Provider is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
This Refund Policy (“Policy”) applies to the following purchases: www.tradiewives.com.au/shop
- We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”).
- Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
- Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
- Australian Consumer Law
- Under the Australian Consumer Law:
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
- The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
- If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
- Further information about the Australian Consumer Law and these Consumer
Guarantees is available from the website of the Australian Competition and Consumer Commission.
- If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
- If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
- Cancellation and Change of Mind
- In the event that you receive the products or services you have purchased, as stated, but that you simply change your mind, we may, at our discretion, offer you a refund or exchange, provided that:
- You notify us within 7 days days of receipt.
- In the case of services, the services have not already been performed.
- The following conditions are satisfied:
- a) Product has not been used or damaged
- Products Damaged During Delivery
- In the event that the product you ordered has been damaged during delivery:
- Please contact us as soon as possible.
- Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
- We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 7 days days from the date of receiving the product.
- Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
- You misused the said product in a way which caused the problem.
- You knew or were made aware of the problem(s) with the product or service before you purchased it.
- You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
- Any other exceptions that apply under the Australian Consumer Law.
- Shipping Costs for Returns
- In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the “Returned Product”) back to us, as well as any cost of shipping any replacement product to you.
- If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
- If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
- In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
- Response Time
- We aim to process any requests for repairs, replacements or refunds within 7 days days of receipt.
- How to Return Products
- You can contact us at the end of this Policy to discuss a return using the information.
- Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
- To be eligible for a refund, repair or replacement, you must provide proof of purchase.
- You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
- Contact Us
If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: [email protected]