TERMS & CONDITIONS
1. About the Website
a) Welcome to www.apostrophesdesigns.com.au (the ‘Website’). The Website provides you with and opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
b) The Website is operated by Apostrophe S (ABN 78 602 087 749) Access to and user of the Website, or any of its associate Products or Services, is provided by Apostrophe S. 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 aby of our Services, immediately.
c) Apostrophe S reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Apostrophe S updates the Term, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes of the Terms take immediate effect form 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
a) You accept the Terms by remaining on the Website. You may also accept the Term by clicking to accept or agree to the Terms where this option is made available to you by Apostrophe S in their user interface.
3. Registration to use the Purchase Services (Becoming a Member)
a) If you create an account to easily manage your orders, you will be required to provide information about yourself including:
I) Email address
II) Mobile number
III) Preferred name and last name
IV) Preferred contact method and time
V) Billing and mailing addresses
VI) Payment information
b) You warrant that any information you give to Apostrophe S while completing the registrations process will always be accurate, correct and up to date.
c) 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 Purchase Services.
d) You may not use the Purchase Services and may not accept the Terms if:
a) You are not of legal age to form a binding contract with Apostrophe S; or
b) You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligation as a Member
a) As a Member, you agree to comply with the following: you will use the Purchase Services only for purposes that are permitted by:
I) The Terms;
II) Any applicable law, regulation or generally accepted or guidelines in the relevant jurisdictions;
III) You have the sole responsibility for protecting the confidentiality of your password and/or email addresses. Use of your passwords by any other person may result in the immediate cancellation of the Purchase Services.
IV) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Apostrophe S of any unauthorised use of your password or email address or any breach of security of which you have become aware;
V) Access and use of the Website is limited, non-transferable and allows for the sole sue of the Website by you for the purposes of Apostrophe S providing the Purchase Services.
VI) You will not use the Purchase 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;
VII) 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 Purchase Services. Appropriate legal action will be taken by Apostrophe S for any illegal or unauthorised use of the Website; and
VIII) You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
a) In using the Purchase Services to the purchase the Product through the website, you will agree tot the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
c) Following payment of the Purchase Price being confirmed by Apostrophe S, you will be issued with a receipt to confirm that the payment has been received and Apostrophe S may record your purchase details for future use.
a) You acknowledge that the Purchase Services offered by Apostrophe S integrate delivery (the ‘Delivery Services’) using third-party delivery companies (the ‘Delivery Service Providers’).4
b) In providing the Purchase Services, Apostrophe S may provide you with a variety of delivery and insurance options as part of the Delivery Services by the Delivery Services Providers. You acknowledge and agree that Apostrophe S is not the provider of there delivery and insurance options and merely facilitates your interaction with the Delivery Services Providers in respect to providing the Delivery Services.
c) In the event that an item is lost or damaged in the course of the Delivery Services, Apostrophe S asks that you;
I) Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
II) Contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
7. Copyright and Intellectual Property
a) The Website, the Purchase Services and all the related products of Apostrophe S 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by Apostrophe S or its contributors.
Apostrophe S retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a) The business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Apostrophe S; or
b) The right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
c) A system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Apostrophe S and the permission of any other relevant right owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play, adapt or change in any way the Content or third-party content for any purpose. 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
a) acknowledge that Apostrophe S does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
b) Apostrophe S will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.
c) Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by lay, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
d) Subject to this clause, and to the extent permitted by law:
i) All terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
ii) Apostrophe S 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 Costumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Service or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statue or otherwise.
e) Use of the Website, the Purchase Services, and any of the products of Apostrophe S (including the Delivery Services), is at your own risk.
Everything on the Website, the Purchase Services, and the Products of Apostrophe S, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, director, officers, employees, agents, contributors, third party content providers or licensors of Apostrophe S (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Apostrophe S) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
I) 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, alterations, or unauthorised access to records;
II) The accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website).
III) Costs incurred because of you using the Website, the Purchase Services or any of the Products;
IV) The content or operation in respect to link which are provided for the User’s convenience;
V) Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
VI) Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
a) Apostrophe S’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including contract, tort (including negligence), in equity, under statue or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Apostrophe S is the resupply of information or Purchase Services to you.
b) You expressly understand and agree that Apostrophe S, its affiliates, employees, agents, contributors, third party content providers 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.
c) Apostrophe S is not responsible or liable in any manner for any sire content (including the Content and Third Peaty Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website of Apostrophe S, by third parties or by any of the Purchase Services offered by Apostrophe S.
d) You acknowledge that Apostrophe S does not provide the Delivery Services to you and agree that Apostrophe S will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11. Termination of Contract
a) The Terms will continue to apply until terminated by either you or Apostrophe S as set below.
b) If you want to terminate the Term, you may do so by:
I) Notifying Apostrophe S at any time; and
II) Closing your accounts for all the Purchase Services which you use, where Apostrophe S has made this option available to you.
c) Your notice should be sent, in writing, to Apostrophe S via the ‘Contact AS’ page/form on the Website.
d) Apostrophe S may at any time, terminate the Terms with you if:
I) You have breached any provision of the Terms or intend to breach any provision;
II) Apostrophe S is required to do so by law;
III) The partner with whom Apostrophe S offered the Purchase Services to you has terminated its relationship with Apostrophe S or ceased to offer the Purchase Services to you;
IV) Apostrophe S is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
V) The provision of the Purchase Services to you by Apostrophe S is, in the opinion Apostrophe S, no longer commercially viable.
e) Subject to local applicable laws, Apostrophe S reserves the right to discontinue or cancel your membership to the Website at any and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Apostrophe S’s name or reputation or violates the rights of those of another party.
f) When the Terms come to an end, all the legal rights. Obligations and liabilities that you and Apostrophe S have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations, and liabilities.
a) You agree to indemnify Apostrophe S, its affiliated, employees, agents, contributors, third party content providers and licensors from and against:
I) 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 any Content you post through the Website;
II) Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents a of these Terms: and/or
III) Any breach of the Terms.
13. The Venue and Jurisdiction
a) Purchase Services offered by Apostrophe S 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.
14. Governing Law
a) 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 constructed 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.
15. Independent Legal Advice
a) Both parties confirm and declare that the provision 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 inequity or bargaining power or general grounds of restraint of trade.