Terms & Conditions of Website Use
The following terms and conditions govern all use of the sarahwilson.com, sarahwilson.com.au and store.iquitsugar.com websites and all content, services and products available at or through the websites (taken together, the Website). The Websites are owned and operated by Sarah Wilson (“SW”). The Websites and their contents are offered and must only be used on the strict condition that you unconditionally accept all of the terms and conditions contained herein and all other rules, policies and procedures as may be published from time to time on this Site by SW (together, the “Agreement”). Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the Websites, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all of these terms, you may not access the Websites or use any services. If these terms and conditions are considered an offer by SW, acceptance is expressly limited to these terms and conditions. The Websites are available only to individuals who are at least 18 years of age.
- Your Account and the Websites. If you create an account through or on the Websites, you unconditionally acknowledge and agree that you are solely responsible for maintaining the security of your account and you are completely responsible for all activities that occur on the account and any other actions taken in connection with it. You must immediately notify SW of any unauthorised use of your account or any other breaches of security. Subject to the Australian Consumer Law, SW will not be liable and specifically excludes and disclaims any liability to you and to any third parties for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Website Visitors. SW cannot review, all of the computer software and the Websites for malware, viruses or similar defects, and cannot therefore be responsible for the effects of the same on your computer or operating system. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain technical inaccuracies, typographical mistakes, and other errors.
- Content Posted from other Websites. SW has not reviewed, and cannot review, all of the material, including computer software, made available as links on and through the Websites. SW does not have any control over those websites and webpages, and is not responsible for their contents or any consequences arising from your linking to them. By clicking onto a non-SW website or webpage, SW does not represent or imply that it endorses such website or webpage or its contents. You are responsible for taking such precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SW specifically disclaims any responsibility for any harm resulting from your use of non- SW websites and webpages.
- Copyright Infringement. SW respects the intellectual property rights of others. If you believe that material on or linked to by the Websites violates your intellectual property rights, please notify SW immediately. SW will respond to all notices, including as required or appropriate by removing the infringing material or disabling any links to the infringing material.
- Intellectual Property. This Agreement does not transfer from SW to you any SW or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SW. SW, sarahwilson.com, sarahwilson.com.au, iquitsugar.com, logos, registered trademarks and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of SW. Other trademarks, service marks, graphics and logos used in connection on or displayed by the Websites may be the trademarks of third parties and your use of the Websites does not in any direct or implied way, grant you any right or licence to reproduce or otherwise use any of the SW or third-party trademarks.
- Changes. SW reserves the right, in its absolute and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes on the Websites. Your continued use of or access to the Websites after the posting of any changes to this Agreement constitutes your complete and unconditional acceptance of those changes. SW may also, in the future, offer new services and/or features through the Websites and new features and/or services shall be subject to the terms and conditions of this Agreement.
- Product Orders. You can order products by selecting and submitting your order through a Website in accordance with these terms and conditions. Any order for products placed through a Website will be an offer by you to purchase products for the price notified (including the delivery and other charges) at the time you place the order. Before we process and action any order, we may request additional details or require you to confirm certain details and you agree to promptly provide us with current, complete and accurate details when asked to do so. You agree that all products ordered and purchased by you will be used for domestic, non-trade use only and you will not re-sell or advertise any products for sale. We reserve the right to restrict or limit the number of products which can be purchased in one transaction or by one person or address during any given time. Any quantity restrictions will be stated on the online product page or in advertising or otherwise advised to you by us.
- Acceptance or Rejection of Orders. At all times and in all circumstances, we reserve the right to accept or reject any order for any reason, including where the requested product is not available, where there was an error in the price or the product description posted on the Website or if we reasonably consider the order to be in violation of any product quantity restrictions or our ordering policies. Orders for Products placed through a Website that we accept creates a separate binding contract between you and us for the supply of the products. If we reject an order, we will take reasonable steps to advise you of that rejection.
- Order Cancellations. We reserve the right to cancel all or any part of an order (including any orders that we have accepted) without liability to you for that cancellation if:
(a) the requested product is not available; or
(b) there is an error in the price or the product on a Website; or
(c) the order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
- Delivery of Products. You acknowledge that the delivery of products may take up to ten (10) working days from the receipt of your payment. Delivery times are subject to product availability and the delivery period may be extended by us by up to 30 days, in which case we will try to provide you with updates from time to time.
- Product Prices, Fees and Charges. The prices for products and delivery fees displayed on a Website are current at the time of publication but you acknowledge and we reserve the right to change quoted prices and fees at any time before we accept any order from you. All prices, fees and charges shown on the Site are in Australian Dollars. We will charge you, and you agree to pay, the following fees and charges in relation to an order that is accepted by us (as applicable):
(a) the purchase price of each product;
(b) the delivery fee for delivering the products; and
(c) any other fees and charges which apply to the sale or delivery of the product.
All fees and charges identified in these terms and conditions and all prices for the products as shown on the Websites are inclusive of GST (unless otherwise indicated). Delivery fees are payable in addition to the price of a product. A number of different delivery methods may be used depending on the product and the delivery location. If a delivery is performed by a courier, products will not be delivered to an unattended or a vacant address. All courier deliveries require a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left at the delivery address and the parcel re-directed to the nearest courier depot and your acknowledge and agree that you are then responsible for collecting the parcel from that depot and paying any additional courier or re-delivery charges.
We only deliver orders to Australian addresses.
You acknowledge and agree that depending on the product ordered, we have the right to charge additional delivery fees and/or freight charges in excess of the fees and charges.
13. Termination. SW may terminate your access to all or any part of the Websites at any time, with or without cause and either with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by SW if you materially breach this Agreement and fail to cure such breach within fourteen (14) days from receiving notice from SW provided that SW can terminate the Websites immediately as part of a general shut down of our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.The Website is provided for use on an “as is” basis. To the extent permitted by the Australian Consumer Law, SW disclaims and excludes (as the case may be) all warranties of any kind, express or implied, including, without limitation, warranties as to the merchantability, fitness for a particular purpose and non-infringement by the Websites. SW makes no warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You acknowledge that you download from, or otherwise obtain content or services through the Websites, at your own risk.
- Limitation of Liability.Except to the extent required by the Australian Consumer Law, in no event will SW, or its suppliers or agents, be liable for negligence, strict liability or other legal or equitable cause of action for: (i) any special, incidental or consequential damage or loss; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. SW shall have no liability for any failure or delay due to matters beyond its reasonable control.
- Indemnity. You agree to indemnify and hold harmless SW, its contractors, licensors, its directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Websites, including any breaches of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between you and SW and these terms and conditions may only be modified by SW by the posting revisions and updated onto the Websites. This Agreement, any access to or use of the Websites will be governed exclusively by the laws of the State of New South Wales and the courts and tribunals of that State. If any of these terms and conditions are held to be invalid or unenforceable, the remaining parts will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. SW may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.