Terms Of Service

TERMS OF SERVICE

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These terms and conditions and any other terms, policies, notices and disclaimers contained on the website (“Terms of Service”) set out the terms of access to and use of the website. These Terms of Service must be read together with the Privacy Policy and Returns Policy.

Use of parts or features of the website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.

Any amendments to the Terms of Service will be effective as soon as they are posted to the website. By using this website you agree to be bound by any changes to this Agreement.

 

WHO WE ARE

AwesomeIWantThat.com is an online reseller where you can purchase products through our online ordering system. The AwesomeIWantThat website (referred to as “Site” or "AIWT") is owned and operated by Semantic Ventures Pty Ltd (ABN 88 629 081 876) (referred to as "Semantic Ventures", "We", "Our").

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 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.

Semantic Ventures reserves the right to change the Terms of Service at any time with or without further notice to you, and you should periodically refer to them on this page.

 

USE OF THE WEBSITE

As a condition of your use of the Site, you warrant to Semantic Ventures that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree, without limitation, that you will not:

  • Use the website for commercial purposes beyond making a purchase from our website;
  • Use any mechanism, software or other scripts in relation to the website which could disrupt or interfere with the website or any servers, software, hardware or equipment connected to or via the website, including any robot exclusion headers;
  • Restrict or inhibit any other User from using or enjoying the website;
  • Distribute or transmit any Content of any kind which contains a virus or other harmful component;
  • Distribute, post or upload any pornographic, extremist or racist material or any material which might otherwise be harmful to other Users.

The Site enables you to post comments on blog articles which may be published on the Blog section of the Site (“Comment Function”). You agree that when using the Comment Function or the Site, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

Advertise or offer to sell or buy any goods or services for any business purpose;

Violate any code of conduct or other guidelines which may be applicable for the Site or the Comment Function; or

Violate any applicable laws or regulations.

Semantic Ventures has no obligation to monitor the Comment Function. However, Semantic Ventures reserves the right to review materials posted via the Comment Function and to edit, refuse to post, remove or republish any information or materials in its sole discretion. Semantic Ventures reserves the right to terminate your access to any or all of the Comment Function at any time without notice for any reason whatsoever.

We reserve the right to refuse service to anyone for any reason at any time.


ONLINE STORE TERMS

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Services to you.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized 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.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

OWNERSHIP OF CONTENT ON THE SITE

The Site and all related material and content including without limitation all information, text, materials, graphics, software, tools, results derived from the use of the Site, logos, names or trade marks (“Content”) are protected by copyright, trade mark and other intellectual property laws.

All intellectual property rights in relation to the Content are owned by Semantic Ventures and/or its suppliers or licensors respectively. All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation), or as otherwise provided for on this Site, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be copied, reproduced, adapted, stored, republished, sold, distributed or transmitted without the prior written permission of Semantic Ventures. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Semantic Ventures makes no warranties or representations that material on other Linked Sites does not infringe the intellectual property rights of any person anywhere in the world.

Any rights not expressly granted herein are reserved.

 

LINKS TO THIRD PARTY SITES

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Semantic Ventures and we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Semantic Ventures is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Semantic Ventures of the site or any association with its operators.

 

LIABILITY DISCLAIMER

The content, software, products, and services included in or available through the Site are provided ‘as is’ and is current at the time of publication and may include inaccuracies or typographical errors. Semantic Ventures and/or its suppliers or partners may make improvements and/or changes in the Site at any time. Information and content supplied via the Site is general information and is to be used as a guide only. You should not rely on any content on the Site as factual evidence or personalised advice. You should consult an appropriate professional for specific advice tailored to your situation if needed.

Semantic Ventures, its suppliers and partners make no representations about the suitability, reliability, availability, timeliness, and accuracy of the content or services contained on or available through the Site for any purpose. 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. To the maximum extent permitted by applicable law, all such information, content and services are provided “as is” without warranty or condition of any kind. To the maximum extent permitted by law, Semantic Ventures, its suppliers and partners hereby disclaim all warranties and conditions with regard to this content and services supplied via the Site, whether express or implied.

To the maximum extent permitted by applicable law, in no event shall Semantic Ventures, its suppliers and/or partners be liable in contract, tort (including negligence) or otherwise, 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 the Site, with any delay, interruption, error or inability to use the Site or related services, the provision of or failure to provide services, or for any content , software, products and services obtained through the Site, or otherwise arising out of the use of the Site.

Nothing in these Terms of Use excludes, restricts or modifies any condition or warranty which may at any time be implied by applicable laws including the statutory consumer guarantees as provided in the Competition & Consumer Act 2010 (Cth) except where it is legally permitted to do so. If Semantic Ventures should be liable for the breach of a term implied by law, and it is legally permitted to do so, its liability will be limited at the option of Semantic Ventures to, in the case of services supplied by Semantic Ventures, the re-supply of the services or payment of the cost of doing this.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the product or service (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 product or service.

Prices for products sold exclude relevant goods and services taxes (GST) but may, unless otherwise advertised, have a delivery cost added to the final price at the check out. The delivery cost may be calculated at the end of your order and will be dependent on your location.

 

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the 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.


PLACING AN ORDER

By adding purchasing product(s) or Service you are agreeing to the following:

  • You are offering to purchase a product for the price advertised at the time of your purchase on the website.
  • You have the intention of being legally bound, upon our acceptance of your offer.
  • You are over the age of 18 years or have the permission of an adult to do so.
  • You have read and understood the terms and conditions of this Agreement.
  • Your name, address and email address will be added to our database for the purpose of subscribing you to our newsletter at no cost. Our newsletters may include special offers or incentives from us or our selected partners.  Please view our Privacy Policy for what we do with your information. Every email newsletter you will receive will have an opt-out provision allowing you to stop receiving any future promotional communications.
  • You authorize us, our financial institution and our bill payment systems provider to deal with your credit or debit card in order to process your information for the purposes of payment to us for the purchase of products.

Once your offer to purchase is made you will receive an email from us summarising and confirming receipt of your order.

The agreement to supply you on the terms of your offer will be complete upon dispatch to you of the product being purchased.

We will not be held liable for any loss due to you entering incorrect details on the form including but not limited to an incorrect address provided by you. If you change your address after placing an order, it is the purchasers responsibility to address this change with the relevant postal service.


ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time 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 made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 and 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 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.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the 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 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

INDEMNITY

You agree to indemnify, defend and hold harmless AwesomeIWantThat.com and Semantic Ventures Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including all legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

GOVERNMENT LAW AND JURISDICTION

All matters relating to this website are governed by and are to be construed according to the laws applicable in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Semantic Ventures has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if considers (in its discretion) that the action is necessary or desirable.

If you access the website from a country other than Australia and the Content and this Agreement do not satisfy the laws of your country, you are not entitled to use the website. If you do use the website despite infringing this clause, you agree to indemnify Semantic Ventures and associates for any Loss which may be incurred as a consequence.

 

TERMINATION/ACCESS RESTRICTION

We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw access to the Site at any time without notice. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.

 

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 of the prohibited uses.

 

GENERAL

The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of the Service or the Terms and Use.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect.

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 constitutes 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 the interpretation of these Terms of Service shall not be construed against the drafting party.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@awesomeiwantthat.com