Website Terms of Use

 

Welcome to our Website. The use of this Website is subject to the following:

 

1. Operation

(a) All Goods supplied by us (“Company”, “Business”, “Supertee”) to you (“Customer”) are supplied in accordance with these Terms and Conditions (“Terms”).

(b) By browsing and using this Website, you as the Customer are agreeing to comply with and be bound by the following Terms, which together with our Privacy Policy, Returns Policy and Security Policy govern our relationship with you in relation to this Website.

2. Definitions

(a) Acceptance means consenting to receive Goods and Services undertaken by the Company by way of verbal or written notice in accordance with the Terms and Conditions as prescribed herein.

(b) Company means Fair Fight Foundation Ltd (ACN 642 609 425) trading as Supertee, and each of its related body corporate, agents, successors and assigns (as applicable).

(c) Customer means the Customer, its successors and assigns or any person acting on behalf of and with the authority of the Customer, including but not limited to a property manager, body, strata managing authority, as so described on any application, quotation, work authorisation or other form provided by the Company to the Customer. The Customer includes an individual or company who has purchased or donated a Good.

(d) Force Majeure Events means any act, event or circumstance outside the reasonable control of the Company, including but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kinds.

(e) Goods means all Goods supplied by the Company to the Customer (and where the context so permits shall include the supply of Services as hereinafter defined) and are as described on the invoices, quotation or any other forms as provided by the Company to the Customer.

(f) Recipient means an individual or company who has received a Good that has been donated from a Customer.

(g) Services means all Services supplied by the Company to the Customer and includes any advice or recommendation (and where context so permits shall include any supply of Goods as defined above).

(h) Website means the following URL, https://www.supertee.com.au/.

3. Use of Website

(a) You agree that the content of the pages of this Website is for your general information and use only and is subject to change without notice.

(b) Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and the Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

(c) Your use of any information or materials on this Website is entirely at your own risk, for which the Company shall not be liable.

(d) You acknowledge that any unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

(e) You acknowledge that this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that the Company endorses the website(s). The Company has no responsibility for the content of the linked website(s).

(f) You agree that by using the Website to purchase a Good, your details are automatically added to the Company’s mailing list and/or entered into the Company’s database to be used for future campaigns.

 4. Warranties

(a) You as the Customer warrant that you have chosen the correct size for the garment pursuant to the size guides on the Website. The garments cannot be returned or exchanged as a result of an incorrect purchase due to safety and hygiene reasons.

(b) You warrant that the use of the garments purchased on the Website is at you and the user’s sole discretion and risk.

(c) Any representation, consumer guarantee, warranty or condition or undertaking that would be implied in these Terms or under these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by the Australian Consumer Law and all other applicable Law.

(d) The Customer further warrants and agrees not to denigrate or bring into disrepute the reputation of the Company by posting negative feedback or comments on any forum, including but not limited to social media.

5. Payment, Account and Default

(a) Payments owing shall be made out in full to the Company once an order has been made on the Website.

(b) If the Company incurs processing fees as a result of any payments made by the Customer which are subsequently dishonoured, then the Company may charge the Customer the amount of such processing fees and the Customer must pay that amount to the Company immediately on request.

(c) If the Customer fails to make a payment by the due date identified on a tax invoice or any form supplied requesting payment, or in accordance with these Terms or any other agreement between the Company and the Customer, after demand for payment by the Company, or if the Company believes that the Customer cannot fulfill their obligations under these Terms, then the Company may do some or all of the following:

i. suspend performance of its obligations under the agreement between the Company and Customer until all amounts owing by the Customer to the Company are paid in full;

ii. charge interest on the amount outstanding at the Australian Taxation Office’s General Interest Charge (GIC) rate, accruing daily from and including the due date for payment until the date of payment in full;

iii. charge the Customer for all costs and expenses incurred or considered against the Customer whether for debt, re-possession of the Goods or otherwise, for the recovery of the outstanding amounts;

iv. the Company is entitled to claim the sum of $200.00 or 10% of the purchase price (whatever is lower) from the Customer as the reasonable costs of recovering any outstanding amount and the Customer acknowledges that this is a fair and reasonable amount incurred by the Company; and

v. the Company may further claim from the Customer all costs relating to any action taken by the Company to recover money or Goods, including but not limited to, any legal costs and disbursements on an indemnity basis.

6. Donations

(a) The Company allows Customers to purchase Goods on the Website as donations, subject to the following:

i. The Company reserves the right to decide the recipient and the address and date/time of the delivery of the donated Good;

ii. The Customer warrants not to expect any verification, acknowledgment or interaction from the Recipient of the donated Good or from anyone in the Recipient’s family;

iii. The Customer cannot request to add, alter, insert, amend, enhance or make any physical changes to Goods;

iv. The Company will deliver the Goods direct to a hospital or hospital representative and cannot be delivered to a personal or commercial residence. Any Good that has been donated and sent to a personal or commercial residence will not be forwarded or delivered by the Company to the Recipient unless specifically agreed beforehand by the Company’s senior management.

v. The Customer warrants that donating Goods does not provide any permission or authority to make representations of any relationship or affiliations with the Company including but not limited to use of the Company’s Intellectual Property, permission to fundraise or market on behalf of the Company or to make any public announcements regarding the Company.

7. Force Majeure

(a) The obligations of the Company will be suspended during the time and to the extent that the Company and/or its related body corporates is/are prevented from or delayed in complying with those obligations as a result of the Force Majeure Event.

(b) The Customer acknowledges and agrees that the Company is not liable for any delay, costs, loss or damage as a result of a Force Majeure Event and these Terms can be used as a bar to proceedings.

8. Liability

(a) Subject to this clause, and to the maximum extent permitted by the Australian Consumer Law and all other applicable Law, the Company is not liable to the Customer or to any third party for:

i. any loss or damage of any kind caused by or resulting from any act or omission of that other party or any of its employees, agents, contractors; or

ii. any loss, damage, liability, expense, injury or death sustained or incurred by the Customer or any other party, including without limitation any loss of profits, or economic, special, indirect or consequential loss or damage, whether resulting directly or indirectly out of any negligence of the Company, the supply, performance or use of any Goods or out of any breach of the Company under any contract incorporating these Terms, even if notified of the possibility of that potential loss or damage.

(b) In no event will the liability of the Company exceed the purchase price of the Goods supplied by the Company.

9. Indemnity

(a) The Customer agrees to indemnify the Company against all actions, claims, proceedings, demands, liability, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Company and/ or its related body corporates or which the Company and/or its related body corporates may pay, sustain or incur as a direct or indirect result of any one or more of the following:

i. any breach or non-performance of these Terms by the Customer, including any breach of a warranty;

ii. any breach by the Customer of any consumer guarantee, warranty, right or remedy given by the Customer expressly or arising by operation of the Australian Consumer Law or any other applicable Law;

iii. any wrongful, wilful or negligent act or omission of the Customer or any of its employees, agents or contractors;

iv. the storage, handling or use of any Good sold under or in connection with these Terms, except to the extent that the relevant action, claim, proceeding, demand, liability, loss, damage, expense or cost was caused by the wrongful, wilful or negligent act or omission of the Company or any of its employees, agents or contractors; and

v. any injury or loss sustained by any person who is employed or engaged by the Customer as an employee, agent or contractor for the purpose of (among other things) the performance by the Customer of its obligations under these Terms and who suffers any injury or loss arising out of or in the course of such employment or engagement.

10. Intellectual Property and Trademarks

(a) This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

(b) All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the website.

(c) The Customer acknowledges and agrees that each Intellectual Property Right is owned or entitled to be owned by the Company and/ or its related body corporate.

(d) The Customer’s purchase of the Goods does not confer on the Customer any licence or assignment of any patent, design, trademark, or any other Intellectual Property Rights that exist in the Goods.

(e) The Customer must:

i. only use the Intellectual Property Rights in accordance with the reasonable written directions of the Company;

ii. not license any of the Intellectual Property Rights to or allow the use of any of the Intellectual Property Rights by any other person in any circumstances;

iii. immediately notify the Company of, and comply with the Company’s directions in relation to, any issue, claim, demand, threat, notice of proceedings, or cause of action (whether contingent, accrued or otherwise) against or involving the Customer relating to any Intellectual Property Rights; and

iv. do all other acts and things that may be reasonably required by the Company to ensure the protection of the Intellectual Property Rights.

11. General Provisions

(a) These Terms are governed by and construed in accordance with the laws of New South Wales and each party to these Terms irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

(b) The Company may suspend the Customer and its Authorised Persons from requesting Goods and/or Services at its sole discretion, without liability to the Customer, if the Customer or its Authorised Persons breach these Terms or if the Company reasonably suspects that these Terms has been breached, or if suspension is required for technical reasons.

(c) The Company may license, sub-contract or assign all or any part of its rights and obligations without the Customer’s consent and in so doing the Company is fully discharged from its obligations to the Customer.

(d) The Customer may not assign its obligations under these Terms without the Company’s written consent.

(e) The Customer warrants that it has the power to enter into these Terms and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that these Terms create binding and valid legal obligations on it.

(f) These Terms shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.

(g) A provision of these Terms or a right created under it may not be waived or varied except in writing, signed by the Company.

(h) The failure by the Company to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.