Terms and Conditions Policy

Harbourside Jewellers Pty Ltd

These ‘Terms and Conditions of Use’ (“Terms”) govern Your use of the “Product”.

The Product is owned and operated by: Harbourside Jewellers Pty Ltd (ABN:91 110 252 401) (“Harbourside Jewellers”) and these Terms constitute a binding contract between You and Harbourside Jewellers.

These Terms will govern Your use of the Product. If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.

This Terms and Conditions of Use Policy is to be read in conjunction with the Privacy Policy, and compliance with the Privacy Policy is a condition of the use of the Product by You subject to these Terms.

1. DEFINITIONS

“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

“Company IP” includes, but is not limited to the contents, layout, design, colours, appearance, graphics and imagery, data, data visualisation, of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other Intellectual Property contained in the Product.

“Content” means any content, writing, images, audiovisual content, or other information or visualisation published on the Product.

“Contract” means these terms and conditions.

“Customer Data” means information Customer creates or otherwise owns, licensed to Customer from third parties or otherwise provided to Customer’s behalf and, in each case, that is loaded to or processed or accessed by any Service.

“Dispute” means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

“Effective Date” means the date that these Terms come into force.

“Goods” means any or all goods provided by Harbourside Jewellers, including on or through the Product website or delivered in-person.

“Identifying Information” means information provided by You when registering to use the Product, including but not limited to Your name and email address, a username and a password.

“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Product including invoice, documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Product.

“Output” means the output generated by You from Our Product.

“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.

“Product” includes all “Content”, “Data Services”, “Goods”, “Materials”, “Output”, “Harbourside Jewellers Technology” and “Services” and also includes the website including all pages, all subpages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located on Our website and associated websites.

“Harbourside Jewellers Technology” means all Harbourside Jewellers proprietary software and other technology with respect to the Services including Data Services, all documentation relating to the Services (both printed and electronic), and any derivatives, improvements, enhancements, upgrades and updates.

“Terms” means these terms and conditions.

“Third Party Add-On” means third-party, integrated “add-on” products, services or data subscribed to by Customer pursuant to an Order.

“Us”, “We”, “Our”, “the Company”, “the Owner” or “Harbourside Jewellers” refers to Harbourside Jewellers Pty Ltd and includes any employees, affiliates, agents or other representatives of Harbourside Jewellers Pty Ltd.

“You” or “Your” refers to the user of the Product.

“Your Content” means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.

2. INTERPRETATION

In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:

Words referring to one gender include every other gender.
Words referring to a singular number include the plural, and words referring to a plural include the singular.
Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.
Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.

3. YOUR AGREEMENT AND REPRESENTATIONS

By continuing to use the Product You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Product immediately. We only agree to provide use of the Product to You if You agree to these Terms.
By continuing to use the Product You represent and warrant to Us that You have legal capacity to agree to these Terms.
By continuing to use the Product You represent and warrant to Us that You have complied with all of these Terms.

4. LICENSE TO USE PRODUCT, CONTENT, DATA SERVICES AND MATERIALS

We may provide You with certain other Content in connection with Your use of the Product.
Subject to these Terms, We grant You a license to use the Product solely in connection with Your use of the Product. The license created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
You may not use the Product for any purpose other than in accordance with the license that is provided under this clause, and this license to use the Product terminates upon Your cessation of use of the Product or upon termination of this Contract.

5. SALE OF GOODS/SERVICES

We may sell Goods or may allow third parties to sell Goods. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.

Please refer to Our additional terms and conditions for sale of Goods as follows:

Your order is an offer to buy from Us. Nothing said or done by Us is an acceptance of an order until we confirm acceptance in writing (or by email confirmation);
If we do not have all of the Goods You order in stock, we will offer You alternatives. If this happens You may: a) Accept the alternatives we offer b) Cancel all or part of Your order.
It is possible that the price payable for particular Goods may have changed from that posted on Our Website. If the price has increased we will not despatch the Goods until You have confirmed that You wish to buy at the new higher price. No Goods will be shipped or despatched until payment for the Goods has been received in full.
Prices include Australian goods and services tax ("GST").
Bank charges by the receiving bank on payments to Us will be borne by Us. All other charges relating to payment in a currency other than Australian dollar (AUD) will be borne by You.
If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to You at the stated price, provided that we notify You before we despatch them to You.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date You place Your order and which will be displayed on a page of Our Website before we ask You to pay.

If we owe you money we will credit Your credit or debit card as soon as reasonably practicable but in any event no later than 45 days from the date when we accept that repayment is due.
Subject to payment having been made and received in full, Goods can usually be expected to be delivered within 30 days from the day You place Your order to purchase the Goods and make payment for those Goods.
Deliveries will be made by the Carrier to the address stipulated in Your order. You must ensure that someone is present to accept the delivery.
If we are not able to despatch Your Goods within 14 days of the date of Your order, we shall notify You by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When Your Goods arrive, it is important that you check immediately the condition and quantity. If Your Goods have been damaged in transit, you must refuse the delivery and immediately contact Us so that we may despatch a replacement quickly and minimise Your inconvenience. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
If the package is not signed for, the liability over the item transfers to You. We are not responsible or liable for the security, damage or theft of the item after this time. It is Your responsibility to pick up the item or arrange for it to be sent to You again at Your own cost.
We will send You a message by email to tell You when we have despatched Your order if You elect to have Your Goods sent to Your nominated location by post.
If we agree with You to deliver on a particular day or at a particular time, we will do Our best to comply. But no time given is to be treated as contractual. To the maximum extent permitted by law we will not be liable to You for any expense or inconvenience You incur on account of delayed delivery or non-delivery.
Some Goods may be delivered direct from Our supplier who will contact You to arrange delivery. When delivery of the Goods has been arranged directly with Our supplier, You will be subject to the supplier’s delivery policy and we will not, in any circumstance be liable to You for any delivery related issue or complaint.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
All payment must be made via the online payment gateway.
If You are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the tax, duties and other relevant laws in Your country.
You are responsible for purchasing Goods which You are lawfully able to import and for the payment of import duties and taxes of any kind levied in Your country.

These provisions apply in the event that You return any Goods to Us for any reason:

Before You return the Goods to Us, please carefully re-read any instructions and check the terms of Your order acceptance.
The Goods must be returned to Us as soon as any defect is discovered but not later than 30 days after purchase, and on condition the defect was notified within 15 days.
Notification must be via email. The method of return of goods is to be determined by Us but at Your own risk and cost. A refund will be returned to You upon full satisfaction of requirements set out in clause 9.5 and 10.1.

So far as possible, Goods should be returned:

With both Goods and all packaging as far as possible in their original condition
Securely wrapped
Including Our delivery slip; or supplier’s delivery slip
At Your risk and cost.
Please enclose with them a note clearly stating the fault and when it arises or arose.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If You are entitled to the protections afforded by the Australian Consumer Law You will be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

6. EXCLUSION OF LIABILITY

The Product provided may change at any time without prior notice.
You accept and acknowledge that the Product may contain mistakes, errors and inaccuracies.
Your use of the Product is entirely at Your risk. It is Your responsibility to make sure that any Content, Data Services, Goods, Materials, Output, Harbourside Jewellers Technology and Services or other information available through the Product suits Your particular purpose.
Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Product.
To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Product.
To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Product.

7. DELIVERY

We may arrange delivery of Physical Goods by courier or by Australia Post. We process deliveries promptly upon receipt of full payment.
Despatch of physical Goods within Australia may take: 14 days or more.
Despatch of physical Goods outside of Australia may take: 14 days or more.
We take no responsibility for Goods that are lost or damaged during delivery.
All deliveries will be insured by Us.
We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
In the first instance, any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with the relevant courier company or with Australia Post as applicable.

8. RETURNS/REFUNDS/REPAIRS

We handle returns, refunds and repairs in accordance with Our obligations under Australian Consumer Law.
If You are seeking a return, refund or repair, You may contact Us using the details at the end of these Terms. In order for Your request to be handled promptly, please provide full details about Your valid reason for return, refund or repair.

9. NO PROFESSIONAL ADVICE

You might use the Product to consult with Us directly in order to seek professional advice.

The information provided through the Product is for information purposes only. It may not address Your specific circumstances. It is not professional advice.
You acknowledge and agree that any information provided on, through or by the Product is not professional advice.
You acknowledge and agree that Your use of the Product is at Your own risk. We do not assume responsibility or liability for any information provided through the Product.
You acknowledge and agree that it is Your responsibility to evaluate all information that is provided through the Product.
You acknowledge and agree that Your use of the Product does not create a fiduciary relationship between Us and You.

10. INDEMNITY

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Product. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

11. TERMINATION

We may immediately terminate these Terms at any time, with or without cause.
We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
These Terms terminate automatically if we cease to operate the Product for any reason.
If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the “Exclusions of Liability” clause.

12. ACCEPTABLE USE

You agree not to use the Product for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Product in any way that could damage the Product or Our general business.

You further agree not to use the Product:

to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
to violate any Intellectual Property rights of Us or of any third party;
to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
to commit any kind of unlawful purpose or fraud;
to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
to publish or distribute any obscene or defamatory material;
vii. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;
viii. to reverse engineer or otherwise attempt to derive source code or other trade secrets from Harbourside Jewellers or Third-Party Add-Ons;
to use the Data Services in a way that could harm Our network or System or impair a third party’s use of Our Data Services (including by transmitting by or uploading to the System any viruses, worms, Trojan horses or other malicious code);
to use the Data Services to try to gain unauthorized access to any service, data, account or network by any means;
to unlawfully gather information about others.

Unauthorised use by You of the Product may be a criminal offence and may give rise to a claim for damages.

13. VARIATION OF TERMS

You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
You agree to routinely monitor these Terms and to refer to the Effective Date posted at the bottom of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.

14. CHANGES TO PRODUCT

You acknowledge and agree that We may, in Our sole discretion, update, vary, alter, amend, change or update the Product at any time.
You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Product being temporarily unavailable, whether due to reasons within Our control or not.

15. INTELLECTUAL PROPERTY

The Product contains Company IP that is owned by Us and/or that is licensed to Us.
You hereby acknowledge and agree that, as between Us and You, We own all rights to Intellectual Property and that nothing in these Terms amounts to a transfer of any Intellectual Property rights from Us to You.
You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
All of the provisions of this clause in relation to “Company IP” or “Intellectual Property” shall survive any termination of these Terms.

16. USER REGISTRATION

You may be asked to register with Us in order to use or access the Product.
If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Product.
You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
You agree that You will not share Your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
You acknowledge that providing false or misleading information or using the Product to further fraud or unlawful activity is grounds for immediate termination of these Terms.

17. PRIVACY

Through Your use of the Product, You may provide Us with some of Your personal information. By using the Product, You authorise Us to use Your information in Australia and any other country where We operate.
We take Our privacy obligations very seriously. Please refer to Our Privacy Policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.

18. REVERSE ENGINEERING AND SECURITY

You agree not to:

reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Product; and
violate the security of the Product through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

19. SPAM POLICY

You are prohibited from using the Product for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

20. GENERAL PROVISIONS

Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to You is governed solely by these Terms and the Australian Consumer Law.
Applicable law: Your use of the Product is subject to the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
such notice is properly given if given to the other party:
by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product.
by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product.
such notice is taken to be received:
if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
if sent by prepaid post within Australia, fifteen (15) days after the date of posting.
if sent by prepaid post to or from an address outside Australia, twenty-eight (28) days after the date of posting.
No assignment: You must not assign, sub-license or otherwise deal in any way with Your rights under these Terms without Our prior written consent.
Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
Limitations on Liability. In no event will Our maximum liability arising out of or in connection with the Agreement or its subject matter exceed an amount of AUD$100.00.
Force Majeure. Neither party will be liable for any loss or delay (including failure to maintain any given service level) resulting from any event beyond the affected party’s reasonable control, including, fire, natural disaster, labour stoppage, internet service provider failures or delays, terrorism, pandemic, civil unrest, war or military hostilities, criminal acts of third parties, national or regional emergency, passage of law or any action taken by a governmental or public authority or national or regional shortage of adequate power or telecommunications, and any payment date or delivery of service date will be extended to the extent of any delay resulting from any force majeure event.

21. CONTACT US

You can contact us about these Terms using the following details:

By Email: admin@harboursidejewellers.com.au

Effective Date: 1/2/2021

Terms and Conditions Policy

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