Terms and Conditions of Use
1.1. This website, iamawesome.tv (“Site”), is operated by Iam Awesome Movement Pty Ltd (“we”, “our” or “us”). Please read these Terms and Conditions of Use (“Terms”) carefully.
1.2. The Terms are a legal agreement between you and us in relation to your use of the Site and all associated Services.
2. USE CONSTITUTES ACCEPTANCE
2.1. By accessing the Site, linking to the Site, or purchasing something from us, you engage in our “Service” and agree to these Terms.
2.3. All of the Site and Services are within the scope of these Terms.
2.4. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted by us to use the Site or Services and should leave this Site immediately.
3.1. Upon you placing an order via our Site, an enforceable contract will not be formed between you and Iam Awesome Movement Pty Ltd until we provide confirmation that Services have been ordered and dispatched to you.
3.2. We reserve the right to refuse any order you place with us for Services, for any reason at our sole discretion.
3.3. We may, in our sole discretion, limit quantities of Services provided to you on a per person, per household or per order basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
3.4. Standard orders will be sent by a courier at our sole discretion without insurance or tracking. Insurance may be available at your request, at an additional cost.
3.5. Whilst we take all reasonable steps to ensure orders are delivered and Services are provided in a timely matter, we are not liable for any loss or damage incurred by any person as a result of any delay or loss caused by our courier or any event outside of our reasonable control. Title in Services passes to you upon dispatch.
3.6. All custom or import taxes, duties or expenses incurred by the provision of Services at your request are your sole responsibility.
4. DISPUTE, CANCELLATION OR VARIATION
4.1. An order for Services cannot be cancelled or varied by you without our prior written consent. Our written consent will only be provided in response to a variation or cancellation request provided to us in writing.
4.2. Where an order for Services is cancelled by you, you indemnify us against any losses we may incur as a result of the cancellation, including, but not limited to loss of profit from other orders foregone as a result of the scheduling of the order for the Services which is subsequently cancelled.
4.3. You are deemed to have accepted the Services unless you give us written notice advising us of any fault in the Services or the failure of Services to accord with your order. Such notice must include the invoice number in respect of the relevant Services, a description of the alleged fault, and be provided to us within 14 days of delivery (“Dispute Notice”).
4.4. The Dispute Notice will be deemed to not be validly provided to us if it does not contain the invoice number of the respective Services. Nothing in this clause affects your rights for any alleged failure of a guarantee provided under any applicable law.
5. FEES, PAYMENTS AND REFUNDS
5.1. Fees will be charged in AUD and in accordance with the relevant fee structure described or otherwise provided by us.
5.2. Payments made are refundable at our sole discretion.
5.3. Payments by any party to us will be made via Paypal, or another third party payment processor as we elect from time to time. Payments are subject to such third party payment processor’s own terms and conditions. We reserve the right to change the third party payment processor without providing you with prior written notice.
5.4. Our fees are subject to change at any time without notice. We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your third party payment processor account and you expressly authorize us to do so.
5.5. We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
6. PROTECTION OF MINORS
6.1. By agreeing to these Terms, you represent and acknowledge that you are of the age of majority in your state or province of residence, or that you are the age of majority in your state of residence and have given us your consent to allow your minor (someone under the age of majority in your state) dependent to use this site.
6.2. In cases where you have authorized a minor to use the Services on the Site, you acknowledge and agree that you are fully responsible and completely indemnify us for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
7. PERSONAL INFORMATION AND PRIVACY
8. ELECTRONIC COMMUNICATIONS AND NOTICES
8.1. You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, although we may not be able to continue service to you if we cannot communicate with you electronically.
8.2. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us through firstname.lastname@example.org
8.3. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. CHANGES TO THIS SITE
9.1. We reserve our rights to, at any time without prior notice to you, discontinue or change any Site content, service, function or feature. This includes any changes to pricing of our Services.
9.2. We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
9.3. Occasionally there may be information in the Site or Service that contains inaccuracies, omissions, or typographical errors that may relate to Services descriptions, pricing, offers, product shipping charges, delivery times and availability.
9.4. We expressly reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or take any further action we consider necessary, including cancelling of orders, if any information in the Service or Site is inaccurate at any time without prior notice (including after you have submitted your order).
10.2. Cookies remember the type of browser you use, which additional browser software you have installed, when you have accessed our Site and how long you accessed our Site for. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website.
11. COPYRIGHT, OWNERSHIP AND INTELLECTUAL PROPERTY
11.1. The copyright in the Site, Services and its contents belong to us and our licensors. All rights are reserved.
11.2. No intellectual property ownership rights transfer from you to us or us to you, as a result of these Terms. The content of the Services, domain name, logo and all designs, text, graphics, pictures, information, data, software, video files, other files and the selection and arrangement thereof are our proprietary property or our licensors and are protected by Australian and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the Services, materials or content on the Site without our prior written permission.
12. ACCOUNT AND PERSONAL INFORMATION
12.1. If you register for an account with us you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.
12.2. The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data.
12.3. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining secured access to our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected.
12.4. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient, it is your responsibility to either implement your own additional security or not use the Site.
13. ADVERTISING AND AFFILIATE DISCLOSURE
13.1. We intend to display paid advertising on the Site and we may also enter into affiliate relationships with other commercial partners, and, from time to time, may link to other products and services mentioned in posts on our Site.
13.2. In such circumstances we may have an affiliate relationship with the merchant selling such products or services, and may get paid a commission if you purchase such products or services. We wish to be transparent in our dealings with you and hereby disclose the incorporation of paid advertising and compensated affiliate promotions on this Site.
14. THIRD PARTIES AND EXTERNAL LINKS
14.1. You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold us liable for any disputes you may have with any such third party supplier.
14.2. This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
14.3. If you would like to link to this Site you must seek our written permission prior to doing so, detailing exactly how such linking shall be provided.
15. PROHIBITED USE
15.1. You must not use our Site or Services in any way not expressly permitted by us, or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility.
15.2. You must not use our site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
15.3. You must not use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any malicious computer software.
16. WARRANTIES AND DISCLAIMERS
16.1. You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
16.2. We provide this Site and its contents “as is.” We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
16.3. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
17. LIMITATIONS OF LIABILITY
17.1. You may not assert claims for money damages arising from this Site or its contents or Services. We and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any indirect, special, incidental, consequential or exemplary damages of any kind, including without limitation, limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising in any way to your use of the Services including, but not limited to, any errors or omissions in any content of the Services or Site, even if we knew or should have known of the possibility of such damages.
17.2. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
17.3. Our liability pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth) is limited to the supplying of our Services to you again or the payment of the cost of having those services supplied to you again.
18.1. You agree to indemnify and hold harmless us and our employees, agents, representatives, and affiliates, against any and all claims, suits, actions, or other proceedings brought against us based on or arising from any claim resulting from your breach of these Terms , your violation of any law or third party right, any claim that use of our Services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable legal fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
18.2. We reserve the right, in our sole discretion, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by us in the defence of any claims.
19. JURISDICTION LIMITATIONS
19.1. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
20. INTERNATIONAL USE
20.1. We make no representation that content on this Site is appropriate or available for use in locations outside Australia. If you choose to access this Site from a location outside Australia, you do so on your own initiative and you are responsible for compliance with local laws. Further, access to, linking to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to access, link to or use this Site in any way that violates such laws or regulations.
21. EVENTS BEYOND OUR CONTROL
21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
22. GENERAL PROVISIONS
22.1. These Terms contain the entire understanding between you and us and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
22.2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22.3. In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
22.4. You agree that the laws of the state of New South Wales (“NSW”), Australia govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of NSW, and you agree and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such claim or action.
22.5. Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
22.6. In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
22.7. If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.