1. This Agreement
(a) By using the Website, the User agrees to comply with and be bound by the terms and conditions of this Agreement and these terms govern the Users’ access to and use of the Website.
(b) If the User does not agree to these terms, the User has no right to obtain information or otherwise continue using the Website.
(c) These terms are binding on any use of the Website and apply to the User from the time that the User first accessesthe Website.
(d) It is the User’s obligation to ensure that the User has read, understood and agreed to the most recent terms available on the Website.
(e) By using the Websitethe User acknowledges that the User has read and understood this document and has the authority to act on behalf of any person for whom the Useris using the Website for. The User is deemed to have agreed to this Agreement on behalf of any entity for whom the User usesthe Website for.
(a) The Company will notify the User of any changes to this Agreement at its election either through email(if provided to the Company by the User) or by Notifications published on the Website. If the User chooses to unsubscribe from the Company’s mailing list, the Company will not have the ability to notify the User of changes to this Agreement, and it will be the User’s responsibility to check any changes to this Agreement on the Website.
(b) By continuing to use the Website after an amendment to this Agreement, the User agrees to be bound by this Agreement as amended.
2. Definitions and Interpretation
In this Agreement, unless the context or subject matter requires otherwise:
Agreement means these terms and conditions of use of the Website and supply of Goods by the Company to the User.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Brisbane.
Claim means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether: ascertained or unascertained; immediate, future or contingent; and subject of a dispute, litigation, arbitration, mediation, conciliation or administrative proceedings;
Company means Vault 1304 CollectiblesABN 53 190 189 418and its subsidiaries and related bodies corporate.
Consequential loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Consumer Law means the Competition and Consumer Act 2010 (Cth) or similar applicable legislation.
Content means all information, graphics, HTML, text, software and any other materials on the Website.
Goods means the any items supplied to the User by the Company.
Intellectual Property Right means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Representative means an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor or related entity of that person or of a related body corporate of that person;
Unforeseen Event means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption including but not limited to the effects of a computer virus, trojan, malware or other malicious code.
User means the person who uses the Website, including a person conducting a transaction in respect ofGoods on the Website (for example placing an order for Goods), and, where the context permits, includes any entity on whose behalf that person uses the Website or conducts a transaction in respect of Goods, and any person or organisation that uses the Website or conducts a transaction in respect of Goods with the authorisation of that person or entity.
Website means www.vault1304collectibles.com.au and any domains and subdomains created for or owned by the Company.
Unless the terms and conditions of this Agreement explicitly state otherwise, this Agreement will be interpreted as follows:
(a) a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
(b) any reference to a trustee includes any substituted or additional trustee;
(c) unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
(d) “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
(e) where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
(f) headings are for convenience and will not affect interpretation;
(g) words in the singular will be taken to include the plural and also the opposite;
(h) “$” means the Australian dollar;
(i) a reference to a document will be to that document as updated, varied or amended;
(j) a document referenced by this Agreement will not take precedence over the referencing document;
(k) when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
(l) where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
(m) any referenced digital resource may be replaced with another digital resource that is a “copy” of the original resource;
(n) a reference to a party’s conduct includes omissions as well as acts;
(o)if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
(p) where a party is required to do “anything necessary”, this includes executing agreements and other legal instruments.
3. The Website
3.1 Parts of the Website Controlled by Third Parties
The User agrees and accepts that the Website is operated from servers owned and controlled by a third party. As such, the User acknowledges that certain functions are out of the Company’s control, including databases and application infrastructure.
(a) From time to time, without notice, access to all or part of the Websitemay be disrupted or limited due to Unforeseen Events or if an emergency upgrade, maintenance or update is required. During such an interruption, the Company will use its reasonable endeavours to restore access to the Websiteas soon as practicable.
(b) The Company reserves the right to make some or all of the Website inaccessible from time to time with or without notice as is required for upgrades, maintenance and updates.
3.3 The Company can change the Website at its discretion
(a) The Company reserves the right to upgrade, maintain, tune, backup, amend, correct any errors, add to or remove features from, redesign, improve or otherwise alter the Websiteat its sole and absolute discretion.
(b) The User acknowledges and agrees that the Companywill not be liable for any loss or damage that the User or any other person incur by any changes made to the Website and/or the User or another party not being able to access the Website or any part of it.
The User agrees and acknowledges that there may be technical or administrative errors in the information on the Website, including but not limited to errors with respect to the product description, pricing, sizing or availability, the returns terms or policy, payment method or terms and delivery terms.
The Company makes no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any backups in connection with the Website.
4. Intellectual Property Rights
4.1 The Company’s Intellectual Property
The Company owns, has a license to use, or has consent to useall Intellectual Property Rights subsisting in the Website or any part of it and the Content or any part of it.
4.2 Trade Marks
The Website contains the trade marks owned by or licenced to the Company, including registered trade marks and other trade marks, the Website also contains third party trade marks. The Company’s trade marks and any third partytrade marks may only be used with consent of the trade mark owner or licensee.
The User grantsan irrevocably license to the Company to copy or reproduce, or create an adaptation or translation of, all or part of any information, graphics, text or any other material posted or uploaded to the Website by the Userwhere the User is the copyright owner.
4.4 Undertakings regarding Intellectual Property
The User warrants that it will not do any of the following, or permit any person over whom it has effective control to do so:
(a) copy or reproduce, or create an adaptation or translation of, all or part of the Website or Content in any way, except to the extent that reproduction occurs automatically through the ordinary use in accordance with the Agreement;
(b) incorporate all or part of the Websiteor the Content in any other webpage, site, application or other digital or non-digital format, without express written permission of the Company;
(c) (subject to other rights explicitly granted under the Agreement) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Websiteor the Documents on any medium; or
(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Website or any documentation associated with them.
5. The User’s Warranties and Undertakings
5.1 User Warranties
TheUser warrants that all of the information that it provides to the Company is accurate and complete in all respects.
5.2 General Undertakings
(a) The User undertakes:
(i) to only use the Website for lawful purposes;
(ii) to interact with the Websitein accordance with this Agreement;
(iii) to use the Websiteonly as it designed to be used;
(iv) to bear all the User’s own costs associated with the User’s obligations in this Agreement;
(v) not to engage in any improper, indecent, bullying, harassing or offensive conduct while using the Website;
(vi) not to make any false, misleading or deceptive representations in connection with the Website and the Company;
(vii) to take any and all necessary safeguards to ensure that no unauthorised person accesses your accounts or information onthe Website (if any), includingaccounts or information on third party websites for which there is a link or gateway on the Website;
(viii) not to disable or circumvent any protection or disabling mechanism related to the Website;
(ix) not to use the Websitein any way which could interfere with or damage the Website’snetwork, any other operator’s network, or another user’s enjoyment of the network;
(x) not to install or store any software applications, code or scripts on or through the Website unless the User firsts obtain our written permission; and
(xi) not to store, access or operate any data, code or software on, or in connection with, the Web site that could be categorized or identified as:
(A) a computer virus or malicious code;
(B) pornographic material;
(C) data mining; or
(D) “warez” or associated with “warez”.
(b) The Useris responsible for the breach of any undertaking or warranty in this clause regardless of whether that breach is caused by a security breach of any kind.
6.2 Changes in Response to Privacy Law
The Company may make any changes to the Websitethat it considers, at its sole and absolute discretion to be beneficial for compliance with:
(a) privacy law; or
(b) any guidance issued by the Office of the Australian Information Commissioner, and will notify the User of any such change.
7.1 Exclusion of express warranties
The Company makes no warranties or guarantees:
(a) that the Website will be accessible at all times, uninterrupted or error-free;
(b) that the Website is without bugs or viruses;
(c) that any of the technical information, Content or other information on the Website, including any content provided by third parties,is without error or inaccuracy;
(d) that the Website is immune to unauthorised access or security breach; and
(e) or representation as to the suitability of the Goods for the User’s purposes. It is the User’s responsibility to satisfy itself as to such suitability.
8. Third Party Websites, Social Media Pages and Websites, and Advertising
(a) The Website may contain hyperlinks, images, banners, information and advertising from third parties. The User consents to receiving this information as part of the User’s use of the Website.
(b) The Company is not responsible for any information transmitted by third parties nor isthe Company responsible for the accuracy of any advertisements.
(c) The User’sdecision to click on any third party advertisements or decision to accept any third party offer, is entirely at the User’s own risk.
(d) The User acknowledges and agrees that in respect of any third party website, including any third party website with a link or gateway on the Website, that:
(i) the Company cannot guarantee a third party website is bug or virus free;
(ii) the Company does not endorse the content or information; and
(iii) you click on any third party website links or otherwise access third party websites at your own risk.
(e) In respect of any social media pages or websites used by the Company in the promotion of the Company the User:
(i) acknowledges that the Company is not responsible for any information transmitted by third parties on social media pages and websites;
(ii) acknowledges that the Company does not guarantee the social media pages or websites or links from social media pages or websites are bug or virus free;
(iii) acknowledges that there may technical or administrative errors or other inaccuracies in the information provided on the social media pages and websites;
(iv) acknowledges that it the social media pages and websites have separate terms and conditions; and
(v) agrees to that this Agreement will also apply to the social media pages and websites where applicable.
9. Price of Goods
9.1 Price of Goods
The price of Goods on the Website:
(a) are in Australia Dollars;
(b) include GST (unless otherwise specified); and
(c) exclude the cost of delivery.
9.2 GST Wording
Words defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
9.3 Changes to Pricing of Goods and Promotions
(a) The Company may, in itssole and absolute discretion, amend the price of Goods on the Website without notice.
(b) Unless otherwise stated by the Company promotions and offers cannot be used in conjunction with any other promotion or offer.
10. Ordering and Payment of Goods
The User acknowledges and agrees that:
(a) the Company is not responsible for the placement, confirmation or payment of Goods added to the User’s cart or basket by the User in error;
(b) the Goods will not be delivered until payment for the Goods is confirmed; and
(c) payment for the Goods is made through a third party website.
The User acknowledges and agrees that:
(a) the Company is not responsible for any error in relation to the delivery location by the User, including loss of the Goods;
(b) if the Goods are not delivered due to an error by the User:
(i) the Goods will be considered to be delivered;
(ii) the entity delivering the Goods or the Company (as the case may be) may store the Goods until delivery can be made; and
(iii) the User will be responsible for any additional delivery costs and costs associated with the failed delivery; and
(c) Goods may be delivered in multiple deliveries.
11.2 Delivery Options and Delivery Company
(a) The delivery options offered by the Company can be accessed at https://auspost.com.au/content/dam/auspost_corp/media/documents/post-guides/post-charges-guide-ms11.pdf.
(b) The User acknowledges and agrees that the Company may, in its sole and absolute discretion, engage any entity to deliver Goods to the User, which may change from time to time,and the entity delivering the Goods may be one of several entities engaged by the Company to deliver the Goods.
11.3 Cancellation and Change
Subject to clause 12 the User acknowledges and agrees that unless waived by the Company the User cannot change or cancel an order placed by the User for the Goods.
12.1 Change of Mind
The User acknowledges and agrees that the Company does not provide refunds for change of mind.
12.2 Defective Goods
(a) Under Consumer Law consumer guarantees in respect of Goods that are defective or not of acceptable quality confer certain rights on Users coming within definition of ‘consumer’ under Consumer Law. If the User is of the view that the User has purchased Goods that are defective or not of acceptable quality the User can contact the Company and:
(i) the Company will advise the User of the process that will apply in relation to assessing the Goods, this may include providing photographs or sending the product to the Company for assessment;
(ii) if the Goods are assessed as being defective, not of acceptable quality or otherwise subject to a consumer guarantee the Company can the replace of the Goods, provide the User with a complimentary repair of the Goods(for minor problems), or provide the User with a refund.
(b) The consumer guarantees do not apply if the User has misused the Goods, the User was aware of the defect prior to purchasing the Goods, the User has changed their mind or another exception to the consumer guarantee applies.
(c) If a refund is provided the payment of the refund will be made through the original payment method.
13. Recall of Goods
In the event any Goods are recalled:
(a) The User acknowledges and agrees that the Company may contact the User using the contact information provided to the Company by the User (if any) to inform the User of any product recalls; and
(b) The Company will place on the Website a notice with details of the recall and actions for the User to take on the Website.
(a) The User acknowledges and agrees that:
(i) the User’s use of the Web site is at the User’s own risk;
(ii) the Company is not responsible for the conduct or activities of any other user of the Website; and
(b) If the User is a consumer within the meaning of the Consumer Law, there are certain rights (such as the consumer guarantees implied by the Consumer Law, which cannot by law be excluded (Non Excludable Condition). This clause is subject to those Non ExcludableConditions.
(c) Subject to the application of any applicable Non-Excludable Condition and to the maximum extent permitted by law, the Company:
(i) excludes from this Agreement all guarantees, conditions and warranties that might but for this clause be implied into this Agreement;
(ii) exclude all liability to the User for any costs, expenses, losses and damages suffered or incurred directly or indirectly by the User in connection with this Agreement, including using the Website, whether that liability arises in contract, tort or under statute; and
(iii) will not, under any circumstances, be liable to the User for any Consequential Loss.
(d) If the Company’s liability under this Agreement cannot be lawfully excluded, to the maximum extent permitted by law, the Company’s liability for breach of any Non Excludable Condition is limited:
(i) in the case of Goods, to (at the Company’s option) the replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or the payment of the cost of having the Goods repaired;
(ii) in the case of services, to (at the Company’s option) the supplying of the services again; or the payment of the cost of having the services supplied again.
The User indemnifies the Company, including its directors, employees, contractors, suppliers, agents, subsidiaries and related bodies corporate against all costs suffered or incurred by the Company, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or the User’s use of the Website, including any costs arising directly or indirectly from:
(a) the User’s breach of this Agreement;
(b) the User or any authorised user infringement of any third party intellectual property rights while using the Website;
(c) any harm to, Claim or action by a third party arising directly or indirectly from the User’s use of the Website;
(d) any harm arising directly or indirectly by the User from the User’s incorrect use or misuse of the Website;
(a) any harm to, claim or action by a third party arising directly or indirectly from the User’s use of the Goods;
(b) any personal injury or death arising directly or indirectly out of the User’s conduct;
(c) any damage to property arising directly or indirectly out of the User’s conduct;
(d) any negligent or unlawful act or omission by the User in connection with the Goods;
(e) the Company or a third party’s reliance on a misleading representation made by the User;
(f) a contract in force between the User and a third party connected with the Goods; or
(e) the User’s breach of any Privacy Laws.
16. Dispute Resolution
(a)If the User disagrees with the Company in respect of the supply or return of Goods in connection with this Agreement (dispute) the User must first attempt to resolve the dispute with the Company in accordance in accordance with the requirements of this clause 16, before either party will be entitled to commence proceedings against the other party in respect of the dispute.
(b) The User must give the Company a written notice setting out a detailed explanation of the nature of the dispute and what action the User thinks will resolve the dispute (dispute notice).
(c) If the dispute is not resolved within 30 days of the date of the dispute notice then the User may commence proceedings against the other party in respect of the dispute.
Without effecting the rights and remedies of the Company or the User the User acknowledges and agrees that without notice to the User the Company may:
(a) terminate or suspend a User’s access to the Website in the Company’s sole and absolute discretion if the Company in its reasonable opinion considers the User has breached or is in breach this Agreement;
(b) terminate the agreement to supply Goods to the User if Company in its reasonable opinion considers the User has breached or is in breach this Agreement with immediate effect if the breach is unable to be remedied or if the Company has provided notice to the User requiring the breach to be remedied by a specified date and the User has not remedied the breach on or before the date specified in the breach notice.
17.2 Termination – Transaction relating to Goods
Without effecting the rights and remedies of the Company or the User the User acknowledges and agrees the Company may terminate that without notice to the User the Company may terminate or suspend a User’s access to the Website in the Company’s sole and absolute discretion if the Company in its reasonable opinion considers the User has breached or is in breach this Agreement.
(c) A notice unless stated otherwise under this Agreement must be given by email and is deemed to be received when the email is capable of being retrieved by the addressee at an email address designated by the addressee.
(d) The Company’s designated email address is firstname.lastname@example.org, or any other designated email address listed on the Website under a Communication heading from time to time.
(e)The email for the User is the email the User listed in the user’s account details.
(a) The User cannot assign, novate or otherwise transfer any of the User rights or obligations under this Agreement without our prior written consent.
(b)The Company may assign, novate or otherwise transfer any of our rights or obligations under any Agreement to a third party without notice to, or the prior consent of, the User, but if the Company requires, the User will sign any documents to give effect to an assignment, novation or transfer by the Company under this clause.
The relationship between the User and the Company under any Agreement does not form a joint venture or partnership.
18.4 Governing Law
The laws of the state of Queensland govern this Agreement and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.
18.5 Further assurances
The parties agree to do everything required to give full effect to this Agreement.
All products will be distributed from Caboolture, Qld 4510 Australia
18.6 Entire agreement
This Agreement and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of this Agreement.
No right or obligation under this Agreement will be waived unless the waiver is explicitly waived in writing.
Any unenforceable or invalid term of this Agreement will be severed to the extent of the unenforceability or invalidity without affecting any other term in this Agreement.
18.9 Binding on successors
This Agreement is binding on each party’s successors and permitted assigns.