Terms & Conditions
Terms and Conditions of Website use
This website is owned and operated by Everything Begins Pty Limited (ACN 151 526 180) (EB, us, our or we) of 120 Heidelberg Road, Ivanhoe Victoria 3079, Australia. By accessing the website you are agreeing to be bound by these Terms and Conditions of Use (Terms), all applicable laws and regulations, and agree that you are responsible for compliance with all applicable local laws. If you do not agree with these terms and conditions, please do not continue to use the website. These Terms apply whenever you access or use the website. EB includes its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders. EB reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting of the modified Terms. By using the website after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms.
1. Your Relationship with EB
2. Membership and Account creation
In order to fully use the EB website and to purchase products, you must be capable of entering into a legal agreement with EB and with the supplier of products. The agreement must be valid in the jurisdiction in which you are residing or from which you use the Services. If you are under the age of consent to enter into a binding contract in your jurisdiction, you need to review these Terms with your parent or guardian and get them to assist you in becoming a member. By becoming a member, you represent that your parent or guardian has joined this agreement with you.
Any agreement between EB and you is void where it is prohibited by law and in such a case EB may cancel your account without notice to you.
3. Your Passwords and Account Security
You are responsible for maintaining the confidentiality of passwords associated with the purchase of products on the Website account. This includes any passwords for other sites that may be required in order to access or use the Services.
You will be solely responsible to EB for all activities that that occur under your account. If you become aware of any unauthorized use of your account, you must notify EB immediately..
4 Provision of Services by EB
In order to provide the best possible experience for our users, EB regularly updates its Services. You acknowledge and agree that the form and nature of the Services that EB provides may change from time to time without prior notice to you.
EB may also stop (permanently or temporarily) providing any or all of the Services to you or users generally in EB’s sole discretion, without prior notice to you.
5. Specific terms relating to product orders and purchases
When a product is offered for sale on the Site, we are not offering to sell that product; we are enabling you to purchase the product from the third party Supplier who is listing that product on our site.
You will either be redirected to the Supplier’s website and any transaction that you enter into with the Supplier will not involve us or you may utilize our services that facilitate the placing of orders with third party Suppliers and the remainder of this clause deals with orders that we facilitate.
All orders placed through the Site are subject to the Supplier’s acceptance of the order together with any additional terms and conditions imposed by the Supplier; and;
When you place an order to purchase a product from the Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to the Supplier to purchase a product and the email that we send to you confirming receipt of your order simply confirms that your order has been received by us and will be communicated to the Supplier. The email that we send to you confirming receipt of your order is not an acceptance of the order by Us or the Supplier.
If a Supplier wishes to accept your order we will send subsequent e-mail confirmation to you confirming that your Order has been accepted by the Supplier and details of the dispatch of the Goods (the "Dispatch E-mail").
When you place your order and before acceptance of it can occur you will be required to make full payment to the Supplier via the order and payment sections of the Website. Please note that the Site is a marketplace, and as that transactions are between you and Supplier, and not between you and Us.
All postage, customs duty (as applicable), GST and any other taxes associated with the sale will be paid by you and it is the Supplier’s responsibility to determine, collect and remit the applicable sales and any other taxes associated with the sale.
The sale will be subject to any warranties implied under applicable law. The contract between You and the Supplier will be governed by the laws New South Wales and You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
As some of our Products are sold by Suppliers located internationally, you may be subject to local tax/import duties if the item is being shipped from outside your specified delivery country. We have listed where the item is shipped from within the delivery tab of the product page. We do not assume any responsibility for any applicable local tax/import charges. When receiving products from our Suppliers, you must comply with all laws and regulations of the country in which you are receiving the goods.
Dispatch estimates are not guaranteed dispatch times and should not be relied upon as such. As the Supplier processes your order, it will inform you by e-mail as to the availability of the goods you have ordered.
We are not the Supplier of the goods you order and as such we have no contractual liability to you in respect of the purchase of a product. If there is a problem with the product or if you require a refund then your contractual remedy will be against the Supplier, not us.
6. Payment Terms
Payment is due upon completion of the order. Payment may be by credit card through our secure payment gateway or through Paypal. All transactions are processed in Australian Dollars (AUD). All prices displayed in other currencies are for your reference only, to be used as a guide using foreign exchange rates as valid at the time of purchase.
7. Your Use of the Services
You agree to use the Services only for purposes that are permitted by these Terms and any applicable law, regulation, generally accepted practice or guidelines in your relevant jurisdiction.
You agree not to distribute in any medium any part of the Site, or to alter, modify or remove any part of the Site, including any embedded technologies included on the Site. You further agree not to engage in any activity that interferes with or disrupts the Services (or the servers or networks which are connected to the Services).
You may only reproduce, duplicate, copy, sell, trade or resell any of the Services offered on the Site for any purpose with the prior express written permission of EB
You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services).
You are solely responsible for any interactions that you have with other users on the Site, or in relation to any transaction that you conduct on the Site. EB reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
8. Content and Intellectual Property Rights
You acknowledge and agree that all material and information (such as data files, written text, computer software, music, audio files or other sounds, designs, photographs, drawings, videos or other images (hereafter referred to as EB Content) that you may have access to on the Site or in the provision of the Services, or arising from your use of the Services are owned or controlled by EB, except where stated otherwise.
You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the EB Content (either in whole or part) unless you have the express written consent of EB, either in these Terms or otherwise.
You should be aware that, in addition to the EB Content, other content on the Site, including sponsored content or advertising content, may be protected by intellectual property rights which are owned or controlled by the people or corporations who provided that content to EB for inclusion on the Site (Supplier Content). You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative works based on the Supplier Content (either in whole or part) unless you have the express written consent of EB or by the owners of the Supplier Content, either in these Terms or otherwise.
9. Linking to this Site
You may link to our website, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with these terms and conditions . Links to or from any other parts of the Site are not permitted without EB’s prior written consent.
You must not:
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Site or if you wish to establish links other than that set out above, please address your request to us at email@example.com
We reserve the right to withdraw linking permission without notice at our sole discretion.
10. Links from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You should also be aware that our terms and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.
11. Disclaimers and Limitations of Liability
All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or this Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.
In particular, and without limiting the above:
(a) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of this Website will be uninterrupted, error free or that this Website or the server from which it operates them are free of viruses or other harmful components; and
(b) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
To the maximum extent permitted by law, EB excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the website or services.
Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded EB's liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
(a) in the case of goods, to any one it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
You agree to indemnify and hold harmless EB from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms or any other violation by you of the rights of another person or party.
EB does not exclude any rights and remedies in respect of goods or services under the Australian Competition and Consumer Law (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified.
To the fullest extent possible:
(a) EB does not warrant the accuracy of the content which you access through this website. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk.
(b) EB does not warrant that functions of this website or sites which you access through this website will be uninterrupted or error free, that defects will be corrected or that EB or the server that makes it available, are free of viruses or bugs.
(c ) You indemnify EB and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of this website .
EB is not responsible for and makes no warranties, express or implied, as to any EB Content, Supplier Content and other content, products, services or information appearing on or available through the Site. EB is also not responsible for the content, accuracy or opinions expressed on any advertisement contained on the Site or any website linked from this Site and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by EB. Inclusion of any advertisement on the Site or any linked website on the Site does not imply approval or endorsement by EB
You use the Site at your own risk and acknowledge and agree that the Site and all content on the Site are provided on an “as is” and “as available” basis. In particular, EB, and its affiliates, licensors, agents, Suppliers and contractors do not represent or warrant that:
EB is not responsible for the conduct, whether online or offline, of any user of the Site. EB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Site user communication.
EB is not liable to you or anyone else for any actual or alleged loss, liability, claim or demand (including solicitors costs) suffered by you or made by a third party in connection with the use of the Site or a linked website. Nothing contained in this clause is intended to limit or replace any rights or remedies that you may at law or have under any fair trading legislation in your jurisdiction.
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions or this Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD$100
The provisions of these Terms are severable. If for any reason any provision of these Terms is held to be invalid or unenforceable in whole or in part, such provision will be ineffective only to the extent of such invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of these Terms.
13. Governing Law
The laws of New South Wales (NSW) govern these Terms. By using the web site you accept the exclusive jurisdiction of the courts of NSW and agree that any disputes will be heard by the courts of NSW.