Terms and Conditions of Use and Sale
Registration and User Requirements
- By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2. Access and use of the Website
- You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
- You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or
- use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
- We may refer fraudulent or abusive or illegal activity to the relevant authorities.
- We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
- You acknowledge that any links from this site to third party sites do not indicate that Year 13 has any control over or responsibility for the contents of such sites. We exclude all liability for any direct or indirect damage, loss or costs of any kind arising in any way out of or in connection with your access and/or use of third party sites.
- Links to this website may be freely posted on other Websites. Prior notification is not required; but, when a link has been posted contact email@example.com with the URL of the Website. Please fill in the subject line as “linked URL.”
- However, we will not accept the posting of links on the following Websites, and we may request the removal of links if they are posted on them:
- Websites that contain content which defames Year 13 or any other person;
- Websites that contain content which infringes (or has the potential to infringe) on laws and public order and morality, or Websites of groups which aim (or have the potential to do so) to practice such content;
- Websites which cause any financial burden, or serve no useful ends to posting a link to Year 13.
- Some of the Websites provided as part of Year 13 connect you with other parties who you may later enter into an agreement with (for example, but not limited to; buying and selling products, buying items from discount providers after visiting Year 13, applying for a job via year13.com.au, Year 13 is not a party in these transactions.
- To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the Website or our social media pages;
- you acting or not acting, on any information contained on or referred to on the Website;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
- the quality of any product or service of any linked sites.
- We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
- Except as required by law, in no event shall we, our related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with the Website or this Agreement (however arising).
PURCHASING GOODS OR SERVICES FROM OUR WEBSITE
4. Placing Orders
- You are responsible for all orders placed on your account, including for any discrepancies or errors in any order.
- The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase goods or services under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- Goods and Services in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
- We may reject your order, including in circumstances where we believe there may be a credit card fraud, or if there has been an error in the price or product description on the Website.
- You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement.
- Orders made on our website for travel products and accommodation are provided by us as an agent for the travel provider specified on the relevant web page and unless otherwise stated on that page are governed by the terms and conditions of that travel provider..
- Travel booking deposits paid will be non-refundable and cancellation made less than 90 days prior to departure date incurs a cancellation charge of 100% of the program cost. No refunds will be given.
- Your legal rights in connection with the provision of travel services are against the specific provider and, are not against Yeaar13. Specifically, if for any reason (excluding fault on our part) any travel service provider is unable to provide the services for which you have contracted, your rights are against that provider and not against us.
- To the extent permitted by law, neither Year13 nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
6. Price and Payment
- The prices of goods and services, delivery and other charges shown are in Australian dollars.
- All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
7. Supply and Delivery of Goods and Services
- Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met. We cannot be liable for any late or non-delivery if you provide an incorrect or invalid delivery address.
- Where a transaction is for a total price of more than $100 we will not charge for delivery within Australia.
- Where possible goods will be shipped via Australia Post on the same day that an order is received. Orders placed on weekends or holidays will be shipped the next working day (in Sydney NSW).
- We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or credit (at your election) in the event we cannot fulfil your order.
8. Consumer Law & Refund Policy
- Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth), known as the Australian Consumer Law (“ACL”). To the full extent permissible by law, however, our liability for any breach of the guarantees under the ACL shall be limited, in the case of the goods, to repair or replacement, or, in the case of the services, supplying the services again, or the bearing the cost of doing so, as we shall in our sole discretion elect.
- Any goods supplied by us come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be lawfully limited in respect of goods or services not ordinarily acquired for personal, domestic or household use or consumption.
- Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law.
- If you are returning a faulty or defective item, we will inspect your goods and investigate any reported defect. If we do not believe a refund or credit is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
- Where we believe a refund on the basis of a defective good is in order, refunds of the purchase price and shipping costs will be issued using the payment method used for purchase. Credits will be issued to the account used to purchase the goods.
- We aim to process refunds and replacements within 14 days of receipt by us of the returned item product, however, depending on your item and the number of returns in our system, this may take longer.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
10. Intellectual Property
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not:
- modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
11. Transfer and Assignment
- You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
- we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
- we shall be entitled to assign the benefit of any agreements we have with you to the third party.
- We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
13. Governing Law
- This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
15. No waiver
- If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.