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
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.
not limited to any delay caused by an incorrect delivery address being provided to us.
Receipt of Goods
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):
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
excluded, restricted or modified (Statutory Rights).
Limitation on Claims
Goods (or the payment of the cost of the replacement or supply); and
cost to the Customer of having the services supplied again.
(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.
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.
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;
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.
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
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