Online Purchase Terms & Conditions

ONLINE SHOP PURCHASE TERMS & CONDITIONS

This online platform (Platform) is operated by Unlimited NOW Network Pty Ltd ACN 654 041 433 (we, our or us). It is available at https://www.unlimitednownetwork.com (Website) and at any other third party
application or site we choose to use now or in the future.


Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms.


Registration

You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform, such as the purchase of goods, services and any other products (Goods).


When do these terms apply?

These Terms apply when you purchase one of our physical goods (Goods) or digital products (Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Goods or Content.


Our Contract

When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your order which will be an acknowledgement only and will not constitute acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail that the goods in your Order have been dispatched to you.

In the case of any digital Content purchased and hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site. Digital Content purchased may also be subject to additional terms and conditions such as our Digital Product Disclaimer.

Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If you make more than one Order a new contract will be created each time you place an Order.


Privacy and availability

We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time. Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout.


Fees and Payments

It is free to register an Account on the Platform. Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We set out a number of payment methods on the Platform.

The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your
selected payment method. We will advise, at the time of the purchase of the currency in which you are required to pay for the Goods in. If you are charged in Australian dollars, Goods and Services Tax (GST) may be added to the price at our discretion.


Delivery of your Order


Digital Content delivery

(a) Where you have purchased digital Content, the Content will be provided to you by email or other form
of digital download, including but not limited to streaming them from a third party platform or downloadable documents or files. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
Physical Goods delivery
(b) Where you have purchased physical Goods, we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers (where applicable), with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.
(c) You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then the Order may be left in a safe place or you may be notified to pick up your Order at the discretion of the courier or postage provider. If you provide an incorrect delivery address or the Order is unable to be delivered for any reason after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund.
(d) All standard orders in Australia are sent by a postage provider of our choice without insurance but with tracking where possible. The choice of delivery method will be dependent upon your physical location and any options you select at checkout when placing your Order.
(e) Where we offer International Orders, the terms of delivery and postage fees will be listed on our Website, noting that the choice of our delivery method, or whether we deliver to your country will be entirely at our discretion.
(f) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but
not limited to any delay caused by an incorrect delivery address being provided to us.
(g) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
(h) For non-delivery of goods, please notify us by email as soon as possible.


Receipt of Goods

(a) You must inspect the Goods and/ or Content immediately upon their arrival or download and let us know if there are any issues with the Goods and/ or Content within 24 hours of receipt. If you fail to give such notice, the Goods or Content must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 24 hours after receipt of the Goods by you.
(b) This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.


Refund and Cancellation Policy

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.

Collection of information

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. By providing personal information to us,
you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.


Discontinuance

We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Consumer Guarantees

(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be
excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.


Limitation on Claims

(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
(b) We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including where you do not follow appropriate storage instructions for the Goods, where applicable.
(c) Our liability for failure to comply with a consumer guarantee is limited to:\
(i) in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent
Goods (or the payment of the cost of the replacement or supply); and
(ii) in the case of services supplied by us, the supply of the services again or the payment of the
cost to the Customer of having the services supplied again.
(d) Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
(e) In all other respects, our total liability for loss or damage of every kind, whether:
(i) arising pursuant to the terms of service; or
(ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or
the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
(f) Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any
indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or
services supplied pursuant to these terms.
(g) Where you have asked us to recommend a product for your use, we make such recommendations on
the information provided to us by you and will not be liable if the products purchased fail to meet your
requirements, particularly where we have not been made aware of the full circumstances of the
intended use or your specific situation.
(h) This clause will survive the termination or expiry of these Terms.

Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.
Indemnity
You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal
costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim,
demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out
of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or
any information you provide via this Website or any damage caused to this Website.

Disclaimer
You acknowledge and agree to the purchase of our Goods and Content on the following basis:

(a) all digital Content purchased is subject to our Digital Product Disclaimer;
(b) all physical Goods purchased is subject to our Physical Product Disclaimer;
(c) while we have made a reasonable commercial effort to accurately represent the Goods and Content we offer and the likely outcome of using the Goods and Content, there is no guarantee that you will
achieve the results that you may have expectations of, including that you will experience improvement in your wellbeing, build your confidence or conquer your fears, as each person is affected by unique and individual circumstances. In this regard, your level of success in using any of the Goods or Content offered by us depends on external factors and we are not liable for failure to attain expected results or for any other reason;
(d) all information contained in our Goods or Content is general educational information only and should not be relied upon or replace any health or medical advice. We recommend you consult a medical
professional in the event you require health or medical advice, including for any psychological or mental health issues;
(e) we are not liable for and you indemnify us in relation to any harm, injury, death or damage which occurs due to your purchase and use of our Goods or Content; and
(f) you warrant that you have not relied on any testimonials published by us as a reliance to purchase the Goods and/ or Content and undertake that you will use the Goods and/ or Content on that basis and hold us harmless if you do not achieve the results you desire.
Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us.
Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to
use our rights and remedies in any other situation where you breach these conditions. Infection control While we use the best hygiene possible at our end, we cannot guarantee that the packaging is free of infection and we recommend that you also exercise precaution by using hand washing and sanitization following when unpacking the products. We reserve the rights to rely on indemnity in this regard.

General
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: These Terms, and your Order, are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Entire Agreement: These terms constitute the entire agreement between you and us.

For any questions and notices, please contact us at:
Unlimited NOW Network Pty Ltd ACN 654 041 433
Email: hello@unlimitednownetwork.com
Last update: 23/07/23