Terms of service

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

Welcome to our Website, it provides an opportunity to browse and purchase Products, information about WWOT and contains links to Third Party Websites.

2. Acceptance of Terms

The Website is operated by WWOT. Browsing the Website, or using it to order Products or in any other manner constitutes an acceptance by you that you have read and agree to the agreement evidenced by these Terms.

3. Variation of Terms

WWOT reserves the right to vary the Terms by updating the Website. When WWOT varies the Terms they shall take effect from the date of publication.

4. Interpretation

In these Terms, unless the context otherwise indicates, the following words and phrases have the following meanings:

Content includes any text, graphics, logos, button icons, video images, audio clips or software displayed or used on the Website;

Delivery Services means services provided by Delivery Service Providers;

Delivery Service Providers means third parties offering delivery services for Products;

Dispute means a dispute arising in respect of these Terms;

Notice means a written notice of a Dispute detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute;

Password means your password to the Website from time to time;

Payment Gateway Provider means Shopify Payments or any provider accessed through the Website providing a payment service for Services;

Products means goods or services listed for sale on the Website and information provided on the Website;

Purchase Price means the price of a Product displayed on the Website;

Registration Information includes your identity, email address, mailing address, telephone number and Password;

Relevant Jurisdiction means the geographic location from which you log on to or access the Website;

Statutory Warranty means a warranty arising by operation of the Australian Consumer Law;

Terms means the terms and conditions set forth on the Website;

Third Party Content means information displayed on the Website which has been provided to WWOT by a third party;

Third Party Websites means any website other than the Website;

Unauthorised Purpose includes collecting email addresses of Website users for the purpose of transmitting unsolicited email or framing of or linking to the Website;
Website means this address www.wildwomenontop.com and the website www.shop.wildwomenontop.com which is a sub domain of this website;

WWOT means Wild Women On Top Pty Ltd ABN 19 062 805 636;

5. Becoming A Member

(a) To purchase Products you will need to register. Registration may require you to provide Registration Information.

(b) You warrant the Registration Information you provide to WWOT or in ordering Products is accurate and up to date.

(c) Becoming registered is conditional upon you being:

(i) of legal age to form a binding contract with WWOT; and

(ii) legally entitled to receive the Products in Australia or the Relevant Jurisdiction.

6. Obligations of Members

You agree to:

(a) use the Products only for the purpose for which they were designed;

(b) the Terms;

(c) comply with any applicable law, regulation or accepted practice or guideline in the Relevant Jurisdiction;

(d) protect the confidentiality of your Password or email address;

(e) no third person using your Password on or in connection with the Website;

(f) immediately notify WWOT of any unauthorised use of your Password or breach of security of which you become aware;

(g) access and use of the rights granted by registration being personal to you and not assignable;

(h) not using the Website for any illegal or Unauthorised Purpose;

(i) WWOT removing commercial advertisements, affiliate links, or other forms of solicitation from the Website;

(j) not participating in, or facilitating, any automated use of the Website.

7. Purchase of Products

(a) You agree to pay the Purchase Price for a Product.

(b) Payment of the Purchase Price may be made through the Payment Gateway Provider.

(c) In using the Payment Gateway Provider you warrant that you have read understood and agree to the Terms, conditions of use, privacy policy and legal documentation provided by the Payment Gateway Provider.

(d) WWOT shall issue you a receipt and may record your purchase details for future use.

(e) Where you are purchasing Products to be delivered outside Australia you shall bear the risk of importation into the destination country of the Product not being regulated or restricted as well as liability for all customs, import tariff or similar duties or expenses.

8. Returns Policy
(a) WWOT may, in its sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and the Product remains in a saleable condition. WWOT may, in its sole discretion, exchange Products that are not the correct size. You shall be liable for postage and shipping costs associated with any refund pursuant to this clause and return postage costs where Products are exchanged.

(b) WWOT offers no return policy for Products ordered from and delivered to countries other than Australia.

9. Warranty

(a) WWOT Products come with Statutory Warranties which cannot be excluded by these Terms.

(b) In the case of Products comprised of goods the Statutory Warranties include a warranty those goods are fit for purpose, acceptable in appearance, free from defects and safe.

(c) To make a warranty claim you must provide proof of date of purchase and advise as to the order details made on www.shop.wildwomenontop.com by sending an email to hello@wildwomenontop.com.

(d) Where the warranty claim is accepted WWOT may, at its discretion, replace a defective Product or part thereof with a new equivalent Product.

(e) Your misuse of the Product or purchasing it with the knowledge it was unsuitable for the use you wanted may invalidate any warranty.

(f) The warranty does not apply to Products the exterior of which have had tags removed, been damaged, defaced, misused, subject to abnormal service or handling, altered or modified.

(g) The warranty does not apply to digital products.

(h) Should you be dissatisfied with your purchase you should contact WWOT at hello@wildwomenontop.com and inform us as to any defect or cause of dissatisfaction.

10. External Links

The Website may include links Third Party Websites. WWOT does not accept responsibility for your use of Third Party Websites or the accuracy of information displayed or accessed on such websites.

11. Delivery and Shipping

(a) The Products offered by WWOT may be delivered through Delivery Service Providers. WWOT is not the provider of these delivery services and any insurance options associated with those services.

(b) The Website may facilitate your electing from several Delivery Service Providers and insurance options.

(c) Should an item be lost or damaged by a Delivery Service Provider WWOT asks that you contact us at hello@wildwomenontop.com outlining how the Products were damaged to enable us to determine if the Delivery Service Provider be removed from the Website.

(d) Should you return a Product to us and we determine it breached a Statutory Warranty we shall bear the cost of returning that Product to WWOT as well as the cost of shipping any replacement Product to you.

(e) Should WWOT determine upon inspection there has been no breach of a Statutory Warranty you shall be liable for, and indemnify WWOT for, any cost WWOT incurs in respect of the return of that Product.

12. Copyright and Intellectual Property

(a) The Website, the Products and all material of WWOT displayed on the Website are subject to copyright. All rights in the Content and compilation of the Website are owned by WWOT or its contributors.

(b) WWOT retains all right, title and interest in the Website and related Content. Nothing you do on or in relation to the Website will confer any right upon you to:

(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of WWOT;

(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such system or process).

(c) You may not, without the prior written permission of WWOT and any third party rights owner: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way Content or third party content for any purpose.

13. Privacy

Information provided in the course of your use of the Website is subject to WWOT’s privacy policy, which can be viewed on the Website.

14. General Disclaimer

(a) WWOT makes every effort to ensure Products are accurately depicted on the Website, however, you accept sizes, colours and packaging may differ from that displayed on the Website.

(b) To the extent permitted by law:

(i) guarantees, warranties, representations or conditions not expressly stated in these Terms are excluded; and

(ii) WWOT is not liable for any special, indirect or consequential loss or damage resulting from our failure to meet a Statutory Warranty, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website (including as a result of the late supply of Products), whether at common law, under contract, tort, in equity or pursuant to statute.

(c) Use of the Website and Products (including retaining a Delivery Service Provider), is at your own risk. WWOT its officers, agents, contributors or third party content providers (including any Delivery Service Provider) make no express or implied representation or warranty about its Content or Products including any loss or damage as a result of:

(i) 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, theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website its Content third party material or advertisements on the Website);

(iii) costs incurred as a result of you using the Website or any Product;

(iv) the Content or operation in respect to links on the Website;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

(d) WWOT training guides are purchased at your own risk. You accept liability for illness, injury or death to you or those accompanying you partaking in the training referred to in those guides.

(e) WWOT strongly advises you to purchase medical and ambulance insurance for any loss, damage or injury that may arise out of or in connection with WWOT trek training and to seek medical advice before commencing training.

15. Limitation of Liability

(a) WWOT’s total liability arising out of providing the Products under contract, tort, in equity, under statute or otherwise, will not exceed the Purchase Price paid for a Product. Where you have not paid the Purchase Price, that liability of WWOT is the resupply of such Product.

(b) WWOT’s agents, contributors, third party content providers and licensors are not liable to you for any direct, indirect, incidental, special consequential or exemplary damages incurred by you including any direct or indirect loss of profit, any loss of goodwill or business reputation and any other intangible loss.

(c) WWOT is not liable for any content (including Content and Third Party Content) posted or displayed on the Website or in connection with Products whether posted or caused by users of the Website, by third parties.

(d) WWOT is not liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

16. Indemnity

(a) You shall indemnify and keep WWOT its employees, agents, contributors, third party content providers and licensors indemnified from and against:

(i) 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 on or through the Website;

(ii) any direct or indirect consequences of you accessing, browsing using or transacting on the Website or attempts to do so; and

(iii) any breach by you or your agents of these Terms.

17. Termination of Contract

(a) You may terminate your Contract by written notice to WWOT or closing your accounts where this option is available.

(b) WWOT reserves the right in its sole discretion suspend or deny, your access to all or part of the Website or to terminate its agreement with you.

18. Dispute Resolution

(a) If a Dispute arises neither party may commence Tribunal or Court proceedings in relation to the Dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) A party claiming a Dispute must give a Notice to the other party.

(c) On receipt of that Notice by that other party, the parties must:

(i) Within endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they mutually agree;

(ii) If 60 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 a mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and shall pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney.

(d) All communications concerning negotiations made by the Parties arising out of and in connection with this clause are confidential and to the extent possible “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) If 60 days 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.

19. Venue and Jurisdiction

The exclusive venue for resolving any Dispute in respect of the Website shall be in the courts of New South Wales.

20. Governing Law

The Terms are governed by the laws of New South Wales. Any Dispute proceeding or claim relating to the Terms and the rights created hereby shall be governed, interpreted and construed pursuant to the laws of that state without reference to conflict of law principles. This clause shall not be disputed.

21. Independent Legal Advice

The parties confirm the Terms are fair and reasonable and that they have had the opportunity to obtain independent legal advice

22. Severance

If any of these Terms are 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.