1.1 My Man Bands (ABN 70 237 427 474) (the Business) provides its customers with an opportunity to browse and purchase from a range of silicone wedding rings (the Products). Details of the Products are found on our website www.mymanbands.com.au (the Website).
2.1 You accept the terms and conditions (the Terms) by clicking where this option is made available to you by the Business in the user interface.
2.2 Subject to the acceptance method not being available in accordance with clause 2.1, you may also accept these Terms by purchasing the Products, making payment to the Business, browsing the Website, or by creating an account. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website immediately.
2.3 You may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Business; or
(b) you are a person barred from receiving the Products under the laws of Australia or other countries including the country in which you are resident or from which you are browsing the Website.
2.4 The Business reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Business updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. If you choose not to accept any changes to the Terms, your sole recourse will be to stop browsing the Website. Before you continue, we recommend you keep a copy of the Terms for your records.
3.1 In order to purchase the Products, you must first register as a user of the Website. As part of the registration process, you will be required to provide personal information about yourself (such as identification, contact details, payment details and other personal information).
3.2 You agree that any information you give to the Business will always be accurate, correct and up to date.
3.3 You agree that by supplying the Business with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from the Business to keep you informed about the Business’s activities. If you do not wish to receive updates from the Business, you may contact the Business at [email protected]
4.1 You acknowledge and agree that the Business may be required to verify your identity to ensure that you are not using the Website in an illegal or fraudulent manner.
4.2 You agree that where the Business advises you in writing that they require further verification of your identity then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.
4.3 You warrant that any information that you provide pursuant to clause 4.2 will be true and correct to the best of your knowledge and belief.
5.1 By the Business offering its Products to you, you agree and acknowledge that:
(a) unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST (if delivery of the Products is within Australia) and exclusive of any value-added tax levied by the appropriate authorities of any jurisdiction outside of Australia, for which you will be solely responsible for;
(b) the Business may receive a commission from third parties in relation to the provision of the Products to you;
(c) the Business does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Products;
(d) you shall remain solely responsible for assessing the implications and risks of using the Products; and
(e) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
5.2 You acknowledge that the Business has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.
6.1 In purchasing the Products, you will agree to the payment of the purchase price listed on the Website for the Products (the Purchase Price).
6.2 Payment of the Purchase Price may be made through one of the following third party providers or any other provider at the sole discretion of the Business including:
(a) PayPal. (the Payment Gateway Providers).
6.3 You agree that any amount owed to the Business is due upon receipt of the tax invoice.
Following payment of the Purchase Price being confirmed by the Business, you will be issued with a receipt via email to confirm that the payment has been received and the Business may record your purchase details for future use.
7.1 In the event you elect to pay the fee by way of direct debit and/or credit card and there is a chargeback by your credit provider, the Business will suspend or terminate the Products delivery immediately. You will be charged the then-current Business administration fee, available on the Website, plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, the Business will supply the Products to you.
8.1 The Products come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Law implies into the Terms, any condition or warranty that cannot be restricted or modified, the Business’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the Business’s option, one or more of the following:
(a) replacement of the Products, the repair of the Products, or the supply of equivalent Products;
(b) repayment of any part of the price of the Products supplied; or
(c) payment of the costs of replacing or repairing the Products, or acquiring equivalent Products.
8.2 You may make a claim under clause 8.1 (the Warranty Claim) for material defects and workmanship in the Products within 365 days from the date of the receipt of the purchase (the Warranty Period).
8.3 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to the Business showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to the Business at 263 Front Street, Hamilton Island, Queensland, 4803 or by email at [email protected] or by completing the Returns and Refunds Contact form.
8.4 The warranty shall be the sole and exclusive warranty granted by the Business and shall be the sole and exclusive remedy available to you in relation to the Products to which this warranty relates (the Warranty).
8.5 All implied warranties are expressly excluded (other than those warranties provided for under Australian Consumer Law).
8.6 The Warranty does not apply to any appearance of the supplied Products nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
9.1 All of the relevant information about our Shipping Policy are outlined on our Shipping Policy page at the following link Shipping Policy
10.1 All of the relevant information about our Refunds and Returns are outlined on our Returns and Refund page at the following link Refunds and Returns
11.1 The Website and all of the related Products of the Business (the Material) are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements and interactive features) (the Content) are owned or controlled for these purposes and are reserved by the Business or its contributors.
11.2 The Business retains all rights, title and interest (including copyrights, patents and trademarks) in the Material, the Content, and all related content therein. Nothing you do will transfer any interest in the Material to you, other than the grant of the licence to you in clause 11.3 below.
11.3 Whilst browsing the Website, the Business grants you a worldwide, non-exclusive, royalty-free, revocable licence during these Terms to:
(a) download the Material and the Content;
(b) your sole use of the Material and Content;
(c) copy and store the Material and Content; and
(d) print pages from the Website for your own personal use.
11.4 The Business does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by the Business.
11.5 You may not, without the prior written consent of the Business and the permission of any other relevant rights owner: broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.
12.1 You may read and copy the Material and Content for your own needs, but you may not publish, resell or sub-license it. The Business makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the Material or Content.
12.2 Third Party Content:
(a) the Business works with a number of partners and affiliates whose websites or mobile phone applications may be linked with or provided by the Business and are controlled by parties other than the Business (each a Third Party Content).
(b) the Business disclaims any and all liability in relation to the availability, contents, products, services or use of any Third Party Content, any website accessed from a Third Party Content or any changes or updates to such sites. The Business makes no guarantees about the content or quality of the products or services provided by such sites.
(c) by browsing the Website or purchasing the Products, you are allowing the Business to share information with any third party with whom the Business has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(a) if you are not a Consumer (under the Australian Consumer Law), you agree that the Business has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Products.
(b) if you are a Consumer (under the Australian Consumer Law), the Business limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
(c) here there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, the Business’s liability to you is limited to resupply of the Products or payment of the cost of re-supplying the Products.
13.2 Subject to this clause and to the extent permitted by law:
(a) the Business excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b) the Business will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Website or the Products (including as a result of not being able to use the Website or the late supply of the Products), whether at common law, in equity, pursuant to statute, or otherwise.
14.1 The Business’s total liability arising out of or in connection with the Products or the Terms, however arising, including at law, in equity, under the statute, or otherwise, will not exceed the resupply of the Products to you.
14.2 You expressly understand and agree that the Business will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.
15.1 You agree to indemnify the Business from and against 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:
(a) inaccurate or misleading information provided by you or your agent;
(b) any breach of the Terms; or
(c) any direct or indirect consequences of you accessing, using or transacting on the Website.
15.2 This indemnity will survive termination of the Terms.
16.1 The Terms will continue to apply until the deletion of your account, or until terminated by the Business as set out below.
16.2 If you elect to terminate, you must provide at least thirty (30) days’ written notice to the Business.
16.3 The Business may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) the Business is required to do so by law;
(c) the provision of the Website to you by the Business is, in the opinion of the Business, no longer commercially viable;
(d) if you have used the Website:
(i) in breach of any law;
(ii) in a way that is misleading or deceptive;
(iii) in a way which is unreasonable as determined by the Business at its absolute discretion; or
(iv) in a manner which can or does bring the Business into disrepute or could damage the Business’s reputation as determined by the Business at its absolute discretion.
16.4 Subject to local applicable laws, the Business reserves the right to discontinue or cancel your access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website without notice if you breach any provision of the Terms or any applicable law or if your conduct damages the Business’s name or reputation or violates the rights of those of another party.
16.5 Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and the Business have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
17.1 Compulsory Mediation
(a) If a dispute arises out of or relates to the Terms, the Products, or the Website then no party may commence any arbitral, tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(a) A party claiming a dispute (Dispute) must, within thirty (30) days of becoming aware of the Dispute, provide notice to the other party (the Dispute Notice) detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party.
(a) Within fourteen (14) days of receipt of the Dispute Notice, the other party must provide a written notice detailing their response to the Dispute Notice (the Response) and serve it on the other party.
(a) On receipt of the Response by that other party, the parties to the Dispute (the Dispute Parties) must within seven (7) days of the Dispute Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Dispute Notice, the Dispute has not been resolved, the Dispute Parties acknowledge and agree that the Business may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Disputes Centre’s Guidelines for commercial mediation.
(c) The mediation will be held in Brisbane, Australia, and may be held by video conference.
17.5 Termination of Mediation
(a) If thirty (30) 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.
17.6 Arbitration for dispute occurring outside Australia
(a) In the event that the Dispute arising out of or relates to the acceptance of the Terms, the provision of the Products, or use of the Website outside of Australia and is not resolved at the conclusion of the mediation, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim, including any question regarding the existence, validity or termination of the Terms, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one (1). This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
(b) However, the Business may apply for immediate injunctive relief in any court of competent jurisdiction.
(a) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
The Products offered by the Business are intended for residents of Australia. These Terms are governed by and are to be constructed in accordance with the laws of the State of Brisbane, Australia. You submit to the exclusive jurisdiction of the Courts situated in Brisbane, Australia in respect of all matters arising out of or relating to these Terms, the Website, the Products and their performance.
19.1 The Business may provide any notice to you under the Terms by sending a message to your email address. The notice provided by the Business to you by email shall be deemed to have been properly given on the date the Business sends the email, regardless of whether you have received the email.
19.2 Unless specified otherwise, any notices provided by you to the Business must be in writing and be delivered either in person or via registered post to 263 Front Street, Hamilton Island, QLD, Australia 4803. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).
If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.
21.1 A waiver of any right, power or remedy under the Terms must be in writing signed by the party granting it.
21.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or a breach in relation to any other occasion.
21.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under the Terms does not amount to a waiver.
22.1 The Business may assign or transfer its rights or obligations under the Terms without your consent.
22.2 You may not assign or transfer your rights or obligations under the Terms without the prior written consent of the Business. A purported assignment without written consent will be deemed to be void and convey no rights.