Terms and conditions
Perth Hype Terms and Conditions
By using the Perth Hype ("Service"), all services of Perth Hype, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Perth Hype reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time.
- You have to be a human. All accounts registered or use by "bots" or other automated methods are not authorized.
- You are expressly responsible for maintaining the security of your account and password once membership features are used. Perth Hype cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account inclusive of others using our account.
- You may not use the Service for any illegal or unauthorised purpose/s. You must not, in the use of this Service, violate any laws in your Jurisdiction
- Reselling or distributing the Service provided by Perth Hype is not permitted without express permission approved by Perth Hype.
Violation of any of these agreements will result in the termination or suspension of your Account and access to the website. Whilst Perth Hype prohibits such conduct and Content on the Service, you understand and agree that PerthHype cannot be responsible for all the Content posted on the Service as user are allowed to voice the opinion and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Modifications to the Service
- Perth Hype reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Perth Hype shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Copyright and Content Ownership
- Perth Hype and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The intellectual property rights in all software and content made available to you on or through this Website remains the property of Perth Hype or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Perth Hype and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Perth Hype or its licensors. Perthhype.com™ and Perth Hype™ are trade marks belonging to Perth Hype. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Perth Hype.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Perth Hype, or any other Perth Hype service.
- 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 without the express written permission by Perth Hype.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Perth Hype customer, employee, member, or officer will result in immediate account termination and deletion of contents.
- You understand that the technical processing and transmission of the Service, including your Content, may be Perth Hype unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Perth Hype does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Perth Hype shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Perth Hype has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
- The failure of Perth Hype to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Perth Hype and govern your use of the Service, superceding any prior agreements between you and Perth Hype (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent through [email protected]
Where you register for any area of this Website, the following terms and conditions apply.
You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
Perth Hype reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
If you use multiple accounts for the purpose of disrupting the Perth Hype Blogs you may have action taken against all of your accounts.
If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Perth Hype account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Perth Hype account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Perth Hype account(s).
Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery notice for further information.
In order to contract with Perth Hype you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Perth Hype retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
Where you order goods to the value of $1,000 or more, including where you place multiple orders that are dispatched simultaneously and arrive in Australia at or around the same time, you may be liable for GST.
Even though we may use a local billing agent to invoice and collect payment for the goods you purchase, you will be responsible for importing any goods you purchase from us into Australia, and any shipping we provide is on your behalf. As part of a promotional offer and in the interests of good customer relations Perth Hype will cover any customs duties or similar taxes, including GST where applicable, that may be imposed on your purchase or importation of the goods. Please note this is a promotional offer only and is subject to change.
We appoint Stripe Transaction Services as our billing agent to invoice and collect payment for the goods you are purchasing on our behalf, so you will see their name on your invoice and on your transaction history if you pay by credit or debit card. Please contact our Customer Care Team if you have any questions about invoicing and payment for goods.
Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
d) Returns and Collections
i. Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Customer Care Team. Please include as many details as possible about the order and the problem with the goods.
ii. Returning goods if you change your mind or need a different size
In addition to your rights in relation to faulty goods, you can return any goods within 28 days of receipt for a refund of those goods or to exchange it for a different size. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them.
Please note that in the interests of hygiene, goods marked with a next to the product name cannot be returned, unless they have remained in their original wrapping or are faulty.
If you change your mind about the goods (including the size or colour), the goods returned must be in their original condition, which includes any packaging. For example, shoes are to be returned along with the original shoe box. All goods will be inspected on return.
iii. Returns generally
This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind or need a different size.
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
Please use the label on your delivery and returns note, enclosed with your goods.
Disclaimer of Liability
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.
Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Perth Hype is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Perth Hype for breach of the Non-Excludable Provision is limited to one or more of the following at Perth Hype’ option:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
ii. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
f) Subject to Perth Hype' obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Perth Hype is not liable for, and no measure of damages will, under any circumstances, include:
i. special, indirect, consequential, incidental or punitive damages; or
ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
You agree to indemnify, defend and hold harmless Perth Hype, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
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. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Perth Hype.
Government Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Australian courts.