Last updated on 20 March 2024
OVERVIEW
These Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement”, apply to your use of the Dare Australia Pty Ltd ACN 661 030 646, (trading as Officely) (“we”, “our” or “us” refer to Officely) website located at officely.com.au (“Site”). Officely offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms and Conditions carefully before accessing or using our website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you disagree with the terms and conditions, you must not access, browse or use this site. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current site shall also be subject to the Terms of Service and Conditions. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority (18) in your state of residence to register an account to become a member of the Site and /purchase Products or Services on or via the Site, or that you are a parent or guardian. You have consented to allow any of your minor dependents to use this site.
We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – MEMBERSHIP ACCOUNT
You may register an account with us to become a member of the Site (“Account”) by providing your name, address, telephone number, and a valid email address and nominating a password (“Password”). Registration is free. If you do not provide accurate and complete details, we may not be able to activate your Account. You will receive an email confirming registration with us shortly after you have created your Account via the Site. You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time. You agree that you are solely responsible for any activity on your Account. You agree to notify us immediately if you become aware of any security breach or unauthorised use of your Password or Account.
SECTION 3 – ERRORS, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We have the right to make an error and correct it.
Occasionally there may be information on our site or in the products & service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the products & service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the products & service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the products & service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.
We are not responsible if the information on this site is not accurate, complete or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4- MODIFICATIONS TO THE PRODUCTS AND PRICES/FEES
We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified) and do not include Delivery Costs. All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes, either up or down, will not be retroactively applied to confirmed Orders unless there has been a clear error. You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase. To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.
Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is always up-to-date, accurate and complete. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you. We reserve the right to alter the specifications of Products without notice. Such an alteration does not entitle you to return a Product or cancel an Order unless the alteration is material. Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included. All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only. Slight colour variations in Products displayed on the Site and their actual colour may occur due to the settings and type of computer/mobile device which you are using to view the Site.
SECTION 6 – PAYMENT
You can pay for your order using any of the methods specified and made available on the Site (each a “Payment Processing Service”). A surcharge may apply to payments made by credit card, depending on the credit card used.
By placing an Order and using a Payment Processing Service, you agree to be bound by the terms and conditions of the respective Payment Processing Service you selected. As a condition of using a Payment Processing Service, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Service.
Payment for all Orders will be processed immediately when they are submitted. You agree and acknowledge that we will treat an electronic instruction as authentic and are not obligated to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions or to verify the accuracy and completeness of such electronic instructions. If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details or rescind the transaction. In this case, it will not be fulfilled until your Order has passed our fraud prevention protocols. If you do not provide the requested information within 7 days, your order will be cancelled, and your payment will be refunded via the method you paid. These information requests are sent to help protect credit card holders from online fraud. However, we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases at our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates. We can complete your transactions and contact you as needed.
For more detail, please review our Returns & Refunds Policy.
SECTION 8 – OPTIONAL TOOLS
We may provide you access to third-party tools we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions, or endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products & services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS AND RESOURCES ON OUR SITE
Certain content, products and services available via our Service may include third-party materials. The links from the Services may take you to other sites or services, and you acknowledge and agree that Dare Australia Pty Ltd has no responsibility for the accuracy or availability of any information provided by third parties services and websites. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of Dare Australia Pty Ltd advertising on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Dare Australia Pty Ltd and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.
You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site from any website that you do not own. This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third-party posted.
SECTION 11- PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 12- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
SECTION 13 – INTELLECTUAL PROPERTY
You acknowledge that we or our licensors own all Intellectual Property Rights in the Site and in all Material published on the Site. We retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access and use the Site.
You may access and use the Site (including Intellectual Property Rights contained therein). You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you: (a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and (b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason, without notice. You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site and will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Officely, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without 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 from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15– RETENTION OF TITLE
Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of the Company.
If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer’s premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company’s determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
Until the goods are paid for in full, the Customer shall;
– keep the goods on behalf of the Company fully insured against loss; damage and destruction;
– keep the goods clearly identifiable; and
– not grant any charge or mortgage over the goods or otherwise encumber the goods.
If the Customer sells the goods for which it has not made payment, it does so as the Company’s agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company’s goods which have not been paid for by it do not constitute the Customer’s property. Such financier or third party will be deemed to be subject to the Company’s retention of title until the Company’s goods are paid for in full.
SECTION 16 – INDEMNIFICATION
You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.
SECTION 17- SEVERABILITY
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.
SECTION 18 – WAIVER
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy
SECTION 19- TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
SECTION 21- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 22- PRIVACY
We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to collecting, using, disclosing and storing your personal information. You consent to us contacting you via SMS to communicate updates, changes or notifications related to your Order and marketing purposes (“SMS Notifications”).
SECTION 23- CHANGES TO TERMS OF SERVICE
The Services we provide are always evolving, and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.
SECTION 24 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to change this Agreement without notice to you. Any amendments to this Agreement will immediately affect when published on the Site. Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right. The exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right. This Agreement is governed by and must be construed according to the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
SECTION 25- CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at hello@officely.com.au