1. AGREEMENT BETWEEN USER AND WORKPLACE WIZARDS PTY LTD
1.1. Welcome to www.workplacewizards.com.au (our ‘Website’). This Website provides you with an opportunity to browse various pages and purchase products that have been listed for sale through the Website (the ‘Products’).
1.2. The Website is operated by Workplace Wizards Pty Ltd (ACN 602 269 803) (‘We’ or ‘Workplace Wizards’). Access to and use of the Website, or any of its associated Products or Services, is provided by Workplace Wizards. Please read these terms and conditions (the ‘Terms’) carefully.
1.3. By using, remaining on the Website, browsing and/or reading our Website, you accept that you have read, understood and agree to be bound by the Terms as drafted and without modification. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Workplace Wizards in the user interface.
1.4. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.5. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Workplace Wizards as a result of this agreement or use of the Website.
2. MODIFYING THESE TERMS OF USE
2.1. We reserve the right to review and change any of these Terms by updating this page at its sole discretion. When we update the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3. LINKS TO THIRD PARTY SITES
3.1. Our Website may contain links to other websites (‘Linked Sites’) which are not under our control. We are not responsible for webcasting or any other form of transmission you might receive from a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Workplace Wizards of the site or any association with its operators.
4. NO UNLAWFUL OR PROHIBITED USE
4.1. As a condition of your use of our website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
4.2. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
5. USE OF COMMUNICATION SERVICES
5.1. Our Website may contain a blog, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, ‘Communication Services’), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
5.1.1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
5.1.2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
5.1.3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
5.1.4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
5.1.5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
5.1.6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
5.1.7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
5.1.8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
5.1.9. Restrict or inhibit any other user from using and enjoying the Communication Services.
5.1.10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
5.1.11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
5.1.12. Violate any applicable laws or regulations.
5.2. Workplace Wizards has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
5.3. Workplace Wizards reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
5.4. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, Workplace Wizards specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Workplace Wizards spokespersons, and their views do not necessarily reflect those of Workplace Wizards.
5.5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
5.6. Workplace Wizards does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Workplace Wizards website or its associated services (collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
5.7. No compensation will be paid with respect to the use of your Submission, as provided herein. Workplace Wizards is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
5.8. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
6. LIABILITY DISCLAIMER
6.1. The information, software, products, and services included in or available through our web site may include inaccuracies or typographical errors. Changes are periodically added to the information uploaded. Workplace Wizards and/or its suppliers may make improvements and/or changes to our Website or the content on it at any time.
6.2. All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional advice. This includes but is not limited not relying on the Website for personal, medical, legal or financial decisions. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.
6.3. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on our Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Workplace Wizards and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
6.4. To the maximum extent permitted by applicable law, in no event shall Workplace Wizards and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our Website, with the delay or inability to use our Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our Website, or otherwise arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Workplace Wizards or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any part of Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our Website.
7. TERMINATION/ACCESS RESTRICTION
7.1. Workplace Wizards reserves the right, in its sole discretion, to terminate your access to our website and the related services or any portion thereof at any time, without notice.
8. THE WEBSITE SHOP
8.1. The Website provides access to products which are available for purchase by way of the Workplace Wizards Shop (the ‘Shop’).
9. ACCESSING PRODUCTS IN THE SHOP
9.1. In order to access the Products in the Shop (‘Products’), you will be required to provide personal information about yourself (such as identification or contact details), including:
(a) Name;
(b) Email address; and
(c) Mailing address.
9.2. You warrant that any information you give to Workplace Wizards in the course of completing the registration process will always be accurate, correct and up to date.
9.3. Once you have completed the check-out process, you will be granted access to the Products and will be known as a ‘Customer’.
9.4. You may not use the Shop if:
(a) you are not of legal age to form a binding contract with Workplace Wizards; or
(b) you are a person barred from doing so under the laws of Australia or other countries including the country in which you are resident or from which you use access the Shop.
10. YOUR OBLIGATIONS AS A CUSTOMER
10.1. As a Customer, you agree to comply with the following:
10.1.1. You will use the Shop only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you will not use the Shop or Website for any illegal and/or unauthorised use which includes collecting email addresses of other Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(d) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice. Appropriate legal action will be taken by Workplace Wizards for any illegal or unauthorised use of the Website; and
(e) you acknowledge and agree that any automated use of the Website or its Shop is prohibited.
11. PURCHASE OF PRODUCTS AND RETURNS POLICY
11.1. In using the Shop to purchase a Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
11.2. Payment of the Purchase Price may be made through Stripe and PayPal (the ‘Payment Gateway Provider’)
11.3. In using the Shop, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
11.4. Following payment of the Purchase Price being confirmed by Workplace Wizards, you will be issued with a receipt to confirm that the payment has been received and Workplace Wizards may record your purchase details for future use.
11.5. Workplace Wizards does not provide refunds for change of mind or where a Customer does not like the Product.
12. WARRANTY
12.1. Workplace Wizards’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
12.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material defects and workmanship in the Products within 3 from the date of purchase (the ‘Warranty Period’).
12.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Workplace Wizards showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Workplace Wizards at 143 Nelson Place Williamstown, Victoria, 3016 or by email at support@workplacewizards.com.au.
12.4. Where the Warranty Claim is accepted then Workplace Wizards will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
12.5. The Warranty shall be the sole and exclusive warranty granted by Workplace Wizards and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
12.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
12.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
13. COPYRIGHT AND INTELLECTUAL PROPERTY
13.1. The Website, the Shop and all of the related products of Workplace Wizards are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Workplace Wizards or its contributors.
13.2. Workplace Wizards retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Workplace Wizards; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
13.3. You may not, without the prior written permission of Workplace Wizards and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13.4. All contents of the Website are: © Workplace Wizards Pty Ltd and/or its suppliers. All rights reserved. Use of the contents of the Website are not permitted without our express and written authorisation.
14. TRADEMARKS
14.1. Workplace Wizards’ name and logo is trademarked and may not be used without our express and written authorization.
14.2. The names of actual companies and products mentioned herein may also be the trademarks of their respective owners.
14.3. Any rights not expressly granted by these terms and conditions are reserved.
15. PRIVACY
15.1. Workplace Wizards takes your privacy seriously and any information provided through your use of the Application and/or the Shop are subject to Workplace Wizards’ Privacy Policy.
16. GENERAL DISCLAIMER
16.1. You acknowledge that Workplace Wizards does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the information available on the Website or the Products other than provided for pursuant to these Terms.
16.2. Workplace Wizards will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
16.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
16.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Workplace Wizards will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of our Website, the information it contains, the Products, the Shop or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
16.5. Use of the Website, the Purchase Services, and any of the products of Workplace Wizards is at your own risk. Everything on the Website, the Purchase Services, and the Products of Workplace Wizards, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Workplace Wizards make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Workplace Wizards) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
17. LIMITATION OF LIABILITY
17.1. Workplace Wizards’s total liability arising out of or in connection with the Products, the Shop or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Workplace Wizards is the resupply of information or Purchase Services to you.
17.2. You expressly understand and agree that Workplace Wizards, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
17.3. Workplace Wizards is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Products or, whether posted or caused by users of the website of Workplace Wizards, by third parties or by any of the Purchase Services offered by Workplace Wizards.
18. INDEMNITY
18.1. You agree to indemnify Workplace Wizards, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
19. DISPUTE RESOLUTION
19.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
19.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
19.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
19.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
19.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
20. VENUE AND JURISDICTION
20.1. The Products offered by Workplace Wizards are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
20.2. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
21. GOVERNING LAW
21.1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
22. INDEPENDENT LEGAL ADVICE
22.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
23. SEVERANCE
23.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.