TERMS OF USE

Section 4 - Modification to the products, service and prices

Products and their prices are subject to change without notice to you. However, if you have submitted an Order, we will supply our Products to you at the Price that applied at the time of your Order (subject to return or exchange only according to our Return Policy).

We reserve the right at any time to modify or discontinue any Products or Service we provide to you (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, Price change, suspension or discontinuance of the Products or Service.

Section 5 - Online Store Purchases

You may offer to purchase Products for the applicable Price by submitting an Order to us.  Your Order must contain your name, email address, credit card details and any other ordering information specified on the Site.

We may (at our discretion) accept or reject your Order.  If we reject your Order, you will receive a refund of any money paid in relation to the rejected Order.

Products will be delivered to you according to the delivery method specified on the Site. 

Title in the Products does not pass to you until payment of the applicable Price has been received.  Risk of loss or damage to the Products passes to you upon dispatch.

When you place an Order, you agree to be charged the Price for the Products ordered by you, and any applicable shipping costs as specified on the Site.

Your payment will be effected in the manner described on the Site, and you accept the terms of the third party payment processor (if any, as notified during checkout). 

All Prices are in Australian dollars and are inclusive of GST (if applicable). 

You must ensure that all payments made by you are in accordance with all applicable laws.

Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our Products that appear at the online store on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any Product or Service at any time.

Shipping

We can only ship to Australian addresses at this time.

All shipping and handling costs are inclusive of GST. We may offer free shipping promotions from time to time.

If some items in your order are not yet in stock, the whole order will be held back until all items are available, as we cannot manage partial shipments. If the out-of-stock item will not be replenished, then a customer service representative from product fulfilment provider will contact you to advise and Wear It Purple Incorporated will credit you with this component of your order.

IMPORTANT: What to do if no-one is present when delivery is attempted:

For local delivery (Sydney) - If you are not at the delivery address to accept the shipment, a calling card will be left. You can then either:

Call your postal service as per the calling card (Mon-Fri business hours) to re-arrange re-delivery; OR

Collect your parcel the next business day from your local Post Office. Please ensure you take photo ID. Please collect your parcel or respond within five working days, as the parcel will be returned to the sender if it remains uncollected.

For national delivery (i.e. outside of Sydney) - If no one is present when they attempt delivery, the postal service will either leave your consignment in a safe place (authorised to leave without signature) or the postal service will leave a calling card and make the consignment available for collection from a nearby Australia Post retail outlet.

Section 6 - Accuracy of billing and account information

Section 7 - Third Party Links

Certain content, Products and Services available via our Site may include links to third-parties.

Third-party links on this Site may direct you to third-party Sites that are not affiliated with us. Our links with third-party links should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those third-party links, or of any information, graphics, materials, products or services referred to or contained on those third-party links, unless and to the extent stipulated to the contrary.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 8 - User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 9 - Errors, inaccuracies and omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your Order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.

Section 10 - Disclaimer of Warranties; Limitation of Liabilities

 10.1 Consumer Guarantees

The Australian Consumer Law provides certain statutory guarantees which apply to the Products and Services, which cannot be excluded, restricted or modified.  Nothing in these Terms attempt or purport to exclude liability arising under statute (including the consumer guarantees set out in the Australian Consumer Law) if, and to the extent, such liability cannot be lawfully excluded. 

We do not guarantee, represent or warrant that your use of our Site, Services or purchasing of our Products will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Site, Services, or purchasing of our Products will be accurate or reliable.

You agree that from time to time we may remove the Site, Services or Products for indefinite periods of time or cancel the Site, Services or Products at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site, Services or Products is at your sole risk. All Products and Services delivered to you through the Site and Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

10.2 Warranty disclaimer

Except to the extent required under law, we provide no warranty, guarantee or assurance, express or implied, to the you in relation to the Products or Services.

Where any law implies a condition, warranty or guarantee into these Terms which may not be lawfully excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

(a)        if the breach relates to Products:

                   i.       the replacement of the Products or the supply of equivalent Products;

                  ii.       the repair of such Products;

                iii.       the payment of the cost of replacing the Products or of acquiring equivalent Products; or

                iv.       the payment of the cost of having the Products repaired; and

(b)        if the breach relates to Services:

                   i.       the supplying of the Services again; or

                  ii.       the payment of the cost of having the Services supplied again,

 and to the extent that an aspect of item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

10.3 Exclusion of Liability

To the extent permitted by law (including the Australian Consumer Law), we do not accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, to the extent permitted by law (including the Australian Consumer Law), we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of Products or Services supplied pursuant to an Order placed on the Site or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms.  Where such liability cannot be excluded, our liability is limited as set out in above in section 10.2.

10.4 Indemnification

You agree to indemnify, defend and hold harmless Wear It Purple Incorporated and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and volunteers, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 11 - Security of Information

We will take such steps as are reasonable in the circumstances to protect the information we hold from misuse or loss and from unauthorised access, modification or disclosure. However, when using the Site you should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you provide us over the Internet and you do so at your own risk.

Section 12 - Intellectual Property

12.1 Copyright

Copyright in the Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), you may not in any form or by any means:

(a)        copy, use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or

(b)        commercialise any information, Products or Services obtained from any part of the Site;

without our written permission.

12.2 Trade Marks

The Site includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors). You must not use any of our trade marks, registered or unregistered.

Section 13 - General

13.1 Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

13.2 Waiver

Our failure to exercise or enforce these Terms shall not constitute a waiver of such right or provision.

13.3 Entire agreement

These Terms and any policies or operating rules posted by us on this Site or in respect of the Products and Services constitutes the entire agreement and understanding between you

13.4 Governing law

These Terms are governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction and any courts entitled to hear appeals from those courts, and waive any right to object to proceedings being brought in those courts.

13.4 Contact information

Questions about the Terms should be sent to us at admin@wearitpurple.org.