Terms and Conditions
Terms and Conditions
1. About our Website and these Terms
1.1 Welcome to www.onelittleday.com.au (Website), which provides you with an opportunity to browse and purchase various products and services that have been listed for sale (Products). We provide this service by way of granting you access to the content on our Website (Purchase Services).
1.2 Our Website is operated by One Little Day Pty Ltd (ABN 18 632 896 630) (referred to as we, our or us). Please read these terms and conditions (Terms) carefully. By accessing, using and browsing on our Website, this signifies that you have read, understood and agreed to be bound by these Terms. If you do not agree with these Terms, then you will immediately cease using our Website.
1.3 We reserve the right to amend or replace these Terms by updating this document at our sole discretion and any amendments or replacements will take immediate effect from the date of their publication. Your continued use of our Website indicates acceptance of any amendment or replacement of these Terms.
2. Purchase Services
2.1 You may access the Purchase Services by registering as a member of our Website. As part of the registration process, you will choose an email address as username and a password. You may also access the Purchase Services as a guest. In either case, you will also provide us with personal information about yourself, including your name, email address, phone number and delivery and billing address.
2.2 You warrant that all information you provide us in the course of accessing and using the Purchase Services, including during the registration process, is accurate, correct and up to date.
2.3 You:
(a) may only use the Purchase Services for purposes that are permitted by law and in accordance with these Terms;
(b) have the sole responsibility for protecting the confidentiality of your email and password. Use of your email and password by any other person may result in the immediate cancellation of the Purchase Services; and
(c) will immediately notify us of any unauthorised use of your email and/or password in relation to the Purchase Services.
2.4 If you wish to purchase a Product, you will pay the purchase price using a payment method specified on our Website. Once we have received payment, we will send you an order confirmation by email.
2.5 You acknowledge that the Purchase Services offered by us integrate delivery (Delivery Services) through the use of third party delivery providers (Delivery Service Providers). You acknowledge and agree that the Delivery Service Providers have sole and exclusive responsibility for the Delivery Services.
3. Intellectual Property
3.1 You acknowledge that, other than as expressly set out in these Terms, you obtain no right, title or interest (including intellectual property rights) in our Website, its content or the Products. As between you and us, all intellectual property rights in our Website, its contents and the Products remains, or vests in us on the date of its creation of development.
3.2 We ensure that any of your personal information (as defined in the Privacy Act 1988 (Cth)) is managed in accordance with our privacy policy, which can be accessed from our Website.
3.3 If you send us any photos, you give us permission to use and display them on our Website and in our marketing materials. You warrant that you own the intellectual property rights in those photos or have the right to give this permission. You also warrant that any people depicted in these photos have consented to their likeness being displayed in the photos as contemplated by this clause.
4. Rights and remedies
4.1 Important consumer information: Full details of the consumer rights and remedies (Consumer Rights) can be obtained from the Australian Competition and Consumer Commission at www.accc.gov.au or from a local consumer protection agency. Nothing in clause 4 limits your Consumer Rights.
4.2 Subject to your Consumer Rights:
(a) you agree that all terms, conditions, warranties, guarantees, representations and obligations in relation to our supply to you of goods and services which are implied or granted by statute or general law are excluded;
(b) you acknowledge that sizes, colours and packaging of Products may vary from what is displayed on our Website;
(c) you will not make any claim against us in relation to the Delivery Services;
(d) our total liability to you for all events and occurrences in respect of these Terms, whether in contract, tort including negligence, under statute or otherwise, is limited to $100;
(e) we are not liable to you in any circumstances for any indirect, economic, special or consequential loss or damage, loss of revenue, time, goodwill, data, anticipated savings, opportunity, reputational loss, loss of production and loss of profit in respect of these Terms or the supply of any goods and/or services; and
(f) our liability in respect of these Terms is reduced to the extent that the relevant loss or damage was caused or contributed to by you or arises from inaccurate data or information provided by you.
5. General
5.1 Subject to your Consumer Rights, these Terms constitutes the entire agreement between the parties as to its subject matter and supersedes all prior representations and agreements in connection with that subject matter.
5.2 Each party warrants that it has the authority, power and capability to enter into and to perform its obligations under these Terms and that its obligations under these Terms are binding and enforceable.
5.3 Our obligations under these Terms are suspended during any period in which we are prevented from performing them due to circumstances beyond our reasonable control.
5.4 Each term of these Terms will be interpreted in such manner as to be effective and valid under applicable law. If any term of these Terms is held to be prohibited by or invalid under applicable law, that term is ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of these Terms.
5.5 A term of these Terms may not be waived except in writing signed by the party granting the waiver. The waiver by a party of a breach by another party of any term of these Terms does not operate as a waiver of another or continuing breach by that party of that term or any other term of these Terms.
5.6 You will not assign or novate any of your rights or obligations under these Terms without our prior written consent (which we may withhold in our absolute discretion). We may assign or novate any of our rights or obligations under these Terms to any person by notice to you.
5.7 This Agreement is governed by the laws applicable in the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.