1 ABOUT THESE TERMS
1.1 These terms were last updated on 23 April 2015.
1.2 The following terms constitute an agreement between you and In My Hood and govern your use of the Website.
1.3 These terms explain your use of our Website including placing orders with us.
1.4 Please read and understand these terms and conditions before you use continue to use our Website.
1.5 Please note that we offer the Website “AS IS” and without warranties of any kind to the greatest extend permissible under the Australian Consumer Law or other applicable law.
1.6 This contract and any supplemental terms and conditions, policies, rules and guidelines posted on the Website supersede all previous agreements. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software in connection with our Website.
2 CHANGES TO THESE TERMS AND CONDITIONS
2.1 We may change these terms to add, change or discontinue any of our offerings, products or services.
2.2 If you disagree with any changes to these terms and conditions, you must discontinue your use of the Website.
2.3 Your use of the Website after the changes take effect signifies your agreement to the new terms.
3 YOUR ACCOUNT OBLIGATIONS
3.1 If you open an account with our Website, it is your responsibility to ensure that all information (as prompted by the registration form) that you enter is accurate. It is your responsibility to ensure that if any details change that you update your account accordingly.
3.2 It is your responsibility to maintain the security of any username and password you are asked to provide as well as your payment details including your credit card information.
3.3 You agree to be solely responsible for all activities and behaviour occurring on our Website using your password and registration details. If there is any unauthorised use or other breach of security, you must notify us immediately in writing.
5 CONTENT YOU POST OR SUBMIT
5.1 If our Website permits you to make comments or submissions that can be accessed and viewed by others, please note that your submissions may be made available to the public in general. Postings are not confidential. You may not post information that violates these terms and conditions.
5.2 You (or the author using your login details) will continue to own any copyright in a post you make to the site, but by posting any comment to the site you grant us an irrevocable license to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and to promote your posts in any medium and any manner we choose, and to use your name to attribute your postings to you if we so choose.
5.3 We have no obligation to make any post public on our Website and we reserve the right to delete or edit any post that may be made to our Website. We encourage you to notify us of inappropriate or illegal content. We are not, however, responsible for any failure or delay in removing Postings.
6 OUR CONTENT
6.1 All of the content available on our Website is either owned by us or used under license. That content is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information.
6.2 We give you a limited license to use the content during your use of our Website for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the content on our Website, or exploit any material on our Website for commercial gain.
6.3 We may terminate your access or suspend access to the Website, without notice, for conduct that we believe may be in violation of any applicable law or is harmful to the interests of us, another user, service providers or other third party affiliates.
7 WE MAKE NO WARRANTIES
7.1 We provide our Website and the products and services listed on our Website “as is”, “with all faults” and “as available.” No oral or written information given by In my Hood representatives shall create a warranty.
7.2 We and our suppliers make no express or implied warranties or guarantees about the products or services offered on the Website including that the Website will be online and available at any particular time.
7.3 To the extent permitted by law, we and our suppliers disclaim any implied warranties that the products and services are shown on our site are fit for a particular purpose or need.
7.4 We do not warrant that images shown on our Website accompanying products will precisely match any product ordered as there may be some variation between such images and the product ordered.
7.5 We and our suppliers do not guarantee that the results that may be obtained from the use of the products or services we offer will be effective, reliable, accurate or meet your specific requirements.
7.6 We do not guarantee that you will be able to access or use any services we offer (either directly or through third-party networks) at times or locations of your choosing.
8.1 Please read our Refund Policy prior to placing any order with us.
8.2 After you have placed an order with us, you will receive a confirmation that we have received your order.
8.3 This does not signify our acceptance of your order nor our offer to sell you the products the subject of the offer.
8.4 We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
8.5 If any items ordered are out of stock, we reserve the right to you to supply you with less than the quantity ordered of any item. We may also decline an order of an amount of products which we consider to be a commercial quantity of products.
8.6 If you wish to purchase products from us for the purposes of reselling, please contact us.
9.1 Please note that we utilise third party delivery services and cannot provide any warranty or guarantee that no damage will be caused during the delivery of any products you order from our Website.
9.2 You should consider whether you wish to purchase shipping insurance to cover any such loss or damage.
9.3 Where any special directions are given for the delivery of any products ordered from our Website, you agree to release and hold us harmless
10.1 Please review our Refund Policy for details of how we process and permit refunds. Your continued use of the Website will be taken as your acceptance of our Refund Policy.
11 PAYMENT METHODS
11.1 We accept payment via some credit cards as shown during the order process. Your correct billing address, telephone number and other details as requested are required and they must match the address and phone number your credit card bank has on file for you.
11.2 Incorrect information may cause a delay in processing your order.
11.3 To protect the security of your credit card details we do not store credit card details.
11.4 Your credit card may be charged as soon as your order is placed. If a surcharge is applicable to any credit card we will endeavour to include notice of this during the order process.
12 TYPOGRAPHICAL ERRORS
12.1 From time to time there may be typographic errors in pricing shown on our website either due to an error on the part of us or our suppliers. If this occurs we reserve the right to cancel and refund any orders placed in respect of such products.
12.2 If an error occurs on the site we will notify our users that this has occurred.
13 DISCLAIMER AND LIMITATION OF LIABILITY
13.1 We make no express or implied representations or warranties except expressly stated in these terms or which are implied at law. You may have additional rights arising under the Australian Consumer Law in addition to any rights set out in these terms.
13.2 You agree that the maximum liability that we can have to you arising from product sold on the Website is the price of the product ordered.
13.3 You agree to hold us, our directors, officers, employees or representatives harmless for any claim arising for damages of any kind related to your use of our Website.
13.4 You use the Website at your own risk. No warranty is provided by us, our directors, officers, employees or representatives that your use of the Website will be uninterrupted, free from malware or virus or error-free.
13.5 Your sole and exclusive remedy for any claim against us is for a refund of the amount you have paid to us or, if you have not placed any order with us, for the cancellation of any registration you have made on the Website and/or deletion of your personal information from our database.
13.6 Under no circumstances will we be liable for any loss of profits, loss of chance, loss of business opportunity, indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use our Website or arising from your use of our products or services.
13.7 The applicable law in your state or territory may not permit some of the above exclusions. To the extent that any of the above exclusions are not allowed at law, they do not form part of this agreement. You should consult the laws in your state or territory to determine whether some of these exclusions do not apply to you.
14.1 Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including solicitor’s fees that arise from your use or misuse of the Website or any products or services we offer.
14.2 We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
14.3 In the event that you breach this agreement, you agree to indemnify us for any and all loss or damage suffered by us in connection with your breach, including direct and indirect losses, loss of profit, loss of chance, diminution of goodwill and legal expenses (including court filing fees, solicitor-client legal costs and disbursements) on a full indemnity basis.
15 ELECTRONIC CONTRACTING AND NOTICES
15.1 By using the Website constitutes your electronic signature to these terms and conditions and your consent to enter into agreements with us (including placing orders) electronically pursuant to the Electronic Transactions Act.
15.2 You agree that we may serve you with any notices, invoices, disclosure, court process, documents or other communications by electronic mail to the email address you provide to us.
16 NO SPAM OR MISUSE
16.1 You warrant that you will abide by SPAM Act in your use of the site.
16.2 As a condition of your use of our Website you warrant that you will not undertake any attempt to access our website in a manner which masks your IP Address or attempt to cause our Website to operate in a way other than in our normal business operations.
16.3 You must not attempt to gain unauthorised access to the database or source code in this website, misuse the site, attempt to reverse engineer programming code, or otherwise use our Website other than as permitted in these terms.
16.4 You may not use any content on our Website for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You must not allow others to use your account to violate the terms of this section.
16.5 We may terminate your access to the Website immediately and take other action, including commencing legal proceedings, if you violate these provisions.
17 LINKS TO OTHER SITES
17.1 The Website may contain links to other websites and may contain material, material and/or content that is objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
18 COPYRIGHT AND TRADEMARKS
18.1 All content and material appearing on this site, including overall look and feel (design), site design, artwork, logos, images, graphics, icons, typefaces and other material is subject to applicable copyright laws.
18.2 Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
18.3 All trademarks appearing on the Website are the property of their owner. No right, license or interest to such trademarks is granted by these terms.
18.4 Apart from any use as permitted under the Copyright Act 1968 (NSW), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create any kind of derivative works from any part of our Website; or commercialise any information, products or services obtained from any part of this website without our written permission.
18.5 You warrant as a condition of the use of our Website that you will not reproduce any of the content or material on our website in any way shape or form (including for sale, reverse engineering or for use by a third party) without the written permission of the owner of that content or material.
19 INTERNATIONAL USE
19.1 The Website, our products and services, including the information provided on the Website, are designed for and intended for users in Australia only. We make no representation that the Website, products or services are applicable to, appropriate for, or available to users in locations outside Australia.
19.2 Accessing the Website from territories where the content is illegal is prohibited.
19.3 If you choose to access the Website from a location outside Australia you do so at your own risk and you are responsible for compliance with any local laws.
20 ADDITIONAL TERMS
20.1 Products or services listed on our Website may be subject to additional terms (such as terms and conditions for a promotion) that will further govern your use of that particular product or service and are supplemental to these terms.
21 WHOLE AGREEMENT
21.1 These terms and conditions represent the entire agreement between you and us concerning your use of the Website. No other term is to be included or implied into this agreement other than as required by a law of the Commonwealth or State where you are located.
22.1 If any clause or term is found to be illegal, void, or unenforceable in any State or Territory then that clause will not apply, and shall be deemed to have never been included in the terms and conditions for that State or Territory only.
22.2 The clause will remain, if legal and enforceable, as part of the agreement applying to other States and Territories.
22.3 The exclusion of any term under this section will not affect or change the enforceability or construction of the other clause of these terms and conditions.
22.4 Where the severing of any clause causes any remaining clause to become ambiguous, then that ambiguity is to be resolved by interpreting the clause in the manner most favourable to us.
23 DISPUTE RESOLUTION
23.1 Any dispute or difference whatsoever arising out of or in connection with these terms and conditions shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules prior to either party taking action.
23.2 If you choose to partake in any such promotion, you will be given a link to consider any additional terms and conditions at that time.
23.3 By proceeding to use the Website, product or service past that point, you will be deemed to agree to comply with such additional guidelines and rules.
24.1 In these terms and conditions, unless the context otherwise requires:
(a) headings and emphasis (such as underling, italics or bold text) are used for convenience only and do not affect the interpretation of this document;
(b) words importing the singular include the plural and vice versa;
(c) words importing a gender include any gender;
(d) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate or any government, governmental authority, agency or instrumentality of whatever nature or kind and however named or called and vice versa;
(e) a reference to a document or an agreement includes an amendment or supplement to, or replacement or novation of, that document or agreement;
(f) a reference to a party or in any other document or agreement includes that party’s permitted successors and permitted assigns;
(g) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of them; and
(h) to the extent there is an ambiguity in the interpretation of these terms, such ambiguity is to be interpreted in the manner most favourable to us.
25 APPLICABLE LAW
25.1 The terms and conditions and the Use of the Website will be governed by the laws in New South Wales and the Commonwealth of Australia and the parties agree to the non-exclusive jurisdiction of the courts of New South wales to determine any dispute which arises in connection with these terms.
26 DEFINITIONS USED IN THESE TERMS
“IP Address” means a number automatically assigned to your computer and which is required when you are using the internet and which may be able to be used to identify you.
“Personal Information” has the meaning set out in the Privacy Act.
“In my Hood” “we” “our”, “us” and similar terms means In My Hood Pty Ltd, A.C.N. 604 874 599 trading as In My Hood.
“Privacy Act” means the Privacy Act 1988 (Cth) as amended from time to time.
“You”, “your” and similar terms means, as the context requires:
(a) You during your usage of our Website; and/or
(b) You as customer of our business.
“Website” means www.inmyhood.com.au and other website as we may operate from time to time.