Terms of Service

LAST UPDATED 15 DECEMBER 2013

WEBSITE TERMS OF SERVICE

Overview

Please read these Terms of Service carefully before accessing or using Our Website. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Outside the Bubble ABN 69213180627, operates this Website and will be referred to in this document as “Outside the Bubble”, “We”, “Our” or “Us”. This Website will be referred to as “outsidethebubble.com.au”, or the “Website”.

 

“You”, “Your”, "Yourself" or the “User” refers to You as the User of this Website and/or purchaser of goods from Our online store pursuant to these Terms of Service.

 

“Goods” or "Products" means the products described or displayed on the Website, available for sale.

 

"Returns Policy" means the policy detailing Our returns procedure, accessible from Our Website homepage.

 

"Comments" are defined as any comment, feedback, idea or suggestion.

 

“Service” or “Services” refers to the Goods, Products, Services and information available through this Website.

 

By visiting Our Website and/or making a purchase, You engage in Our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policy documents referenced herein and/or available by hyperlink. These Terms of Service apply to all visitors to this Website (“Users”), including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time from Our Website.

 

Outside the Bubble reserves the right to update, change or replace any part of these Terms of Service by updating this document and reposting it to this Website. It is Your responsibility to check the Terms of Service regularly for changes. Your continued use of / access to the Website after the posting of any changes constitutes acceptance of those changes.

 

We grant You access to this Website on a temporary basis, and reserve the right to withdraw or amend these Services without notice. We will not be held liable for any lack of availability of this Website, at any time or for any period. From time to time, We may also restrict access to the Website, or parts thereof, without notice, at Our discretion.

 

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

SECTION 1 - TERMS OF ACCESS

  1. When You visit our website, we give You a limited licence to access and use Our information for personal use. 
  2. You are permitted to download a copy of the information on this Website to Your computer for Your personal use only provided that You do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes Our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), You agree not to reproduce, duplicate, copy, sell, resell republish, distribute, display or exploit:

    a)  any portion of the Services, use of the Services, access to the Services or any contact on this Website through which the Services are provided; or

    b)  any photographs or other content on this Website,

    without Our prior written permission.

  4. The licence to access and use the information on Our Website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit You to metatag or mirror our website without Our prior written permission. We reserve the right to serve You with notice if we become aware of your metatag or mirroring of Our Website. 
  5. By using this Website, You agree to these Terms of Service and represent that You are over 18 and You have given Us Your consent to allow any of Your minor dependents to use this Website.
  6. You may not use Our Products for any illegal or unauthorised purpose nor may You, in the use of the Service, violate any laws in Your own area of jurisdiction (if outside of Australia) nor may You violate any laws in Australia (including but not limited to copyright laws). By accessing this Website, You agree that if any legal action should arise, You will be governed by the laws of the State of Victoria (Australia).
  7. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of Your Services.
  8. All prices are in Australian Dollars (AUD) and, as Outside the Bubble is currently not registered for GST, all prices are exclusive of GST. 
  9. We endeavour to ensure that Our prices are current. Our prices can be accessed from each individual product page and We reserve the right to amend Our prices at any time. If You have placed an order, We reserve the right to cancel Your order should our prices change. 

 

SECTION 2 - INTELLECTUAL PROPERTY RIGHTS

  1. The copyright to all content on this Website including applets, graphics, images, layouts and text belongs to Us or We have a licence to use those materials.
  2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by Us or We have a licence to use them. Your access to Our Website does not license you to use those marks in any commercial way without Our prior written permission.
  3. Any comment, feedback, idea or suggestion (called “Comments”) which You provide to Us through this Website becomes our property.  If in future we use your Comments in promoting Our Website or in any other way, We will not be liable for any similarities which may appear from such use. Furthermore, You agree that We are entitled to use Your Comments for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments. 
  4. If you provide Us with Comments, You acknowledge that You are responsible for the content of such material including its legality, originality and copyright. 
  5. If, at Our request, You send certain specific submissions (for example contest entries), or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments; or (4) to attribute any Comments to You.
  6. We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable; or violates any party’s intellectual property rights or these Terms of Service.
  7. You agree that Your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Outside the Bubble or any third parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted/provided by You or any third party.

 

SECTION 3 - GENERAL CONDITIONS

  1. Outside the Bubble reserves the right to refuse service to anyone for any reason at any time.
  2. You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

SECTION 4 - PRODUCTS OR SERVICES (if applicable)

  1. Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to Our Returns Policy (link to policy available on our homepage).
  2. We strive to ensure that Products are described and represented as accurately as possible on Our Website, however we do not warrant that the representation is accurate. Where We become aware of any inaccuracies, We reserve the right to correct any error or omission.  
  3. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that Product.
  4. Some Products on the Website are hand-crafted by artisans, therefore in these cases placement of materials, colour shades and sizes may vary slightly, making each Product unique.
  5. All descriptions of Products or product pricing are subject to change at anytime without notice, at Our sole discretion.
  6. In addition, when purchasing Goods from the Website, You acknowledge and agree that:
a)  You have already read the written description of the Goods prior to purchase;
b)  Where We provide dimensions and measurements in the description of a Good (where applicable or available), it is Your responsibility to ensure that the actual size of each item is suitable for Your purpose prior to submitting Your order (including whether the Good will be capable of delivery to Your delivery address due to sufficient, appropriate and safe access)
c)  Any accessory featured with the Goods is for illustrative purposes only, and may be sold separately, or not at all.
  1. Prices for Our Goods and Services are subject to change without notice.
  2. Outside the Bubble reserves the right to modify or discontinue Our Services (or any part or content thereof) without notice at any time.
  3. We shall not be liable to You or to any third party for any modifications, price changes, suspensions or discontinuation of the Services.

 

SECTION 5 - PRODUCT AVAILABILITY

  1. Outside the Bubble reserves the right, but is not obligated, to limit the sales of Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
  2. Outside the Bubble reserves the right to limit the quantities of any Products or Services that We offer.
  3. Outside the Bubble may modify, discontinue, withdraw or suspend any Goods and/or Services (or any part or content thereof) from sale either temporarily or permanently at any time without notice. We will not be liable to You or any third party for any modifications, price changes, suspensions, discontinuation of the Goods and/or Services or any loss incurred by You or any third party.
  4. On occasion, Goods on the Website may be out of stock or unavailable, therefore We may be unable to fulfil Your Order. If this occurs, We will attempt to contact You, using the contact information You have provided to Us, to either: arrange a full or partial refund; change Your Order to replace the Good/s with a suitable product/s in a similar price range (where available) as agreed with You; or come to an alternative arrangement. Where a suitable Product/s or alternative arrangement cannot be agreed upon, We will refund You the price paid for the out of stock Good/s.We will make all reasonable attempts to process the refund within 21 days. Please note, You must make allowances for the time it takes for Your financial institution to finalise Your refund. Outside the Bubble is not liable for any loss incurred by You or any third party as a result of any delay in processing Your refund.

 

SECTION 6 - PRODUCT ORDERS

  1. Our Products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our Website, You acknowledge that You are over 18 years of age.
  2. We endeavour to ensure that Product lists are current, however we give no undertaking as to the availability of any Product advertised on the Website.
  3. All prices are in Australian Dollars (AUD) and are exclusive of GST. We do not collect GST at this time.
  4. Packaging and postage is an additional charge, calculated at the time of purchase, unless otherwise specified.
  5. When you order from Us, we require You to provide Your name, address for delivery, Your email address, telephone contact and payment details.  We undertake to take due care with this information; however in providing Us with such information you accept that We are not liable for its misuse due to error in transmission, virus or malware.
  6. We undertake to accept or reject Your order within 7 days. If we have not confirmed Your order within 7 days, Your order is deemed to be rejected. We are not required to give reasons for rejecting Your offer to purchase however the most likely reason for rejecting your offer will be that We do not currently have that product in stock.
  7. Once You have submitted an order, You may not cancel that order even if Our acceptance or rejection of Your offer is still pending.
  8. Delivery of Your ordered Product/s will be as set out in Our Payment & Delivery document, available from the homepage. 
  9. Title in the Goods passes to You when We have received payment. 
  10. All risk of loss or damage to the goods passes to You when the goods are delivered to Your delivery address. 

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION / REFUSAL OF ORDERS

  1. Outside the Bubble reserves the right to refuse any order You place or request You make through this Website. We may, at Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or delivery address.
  2. You agree not to purchase any goods from this store for the purpose of resale. Outside the Bubble reserves the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, wholesalers, resellers or distributors.
  3. You agree to provide current, complete and accurate purchase and account information for all purchases made through Our Website; and agree to promptly update Your account and other personal information so that We can contact You as needed and complete Your transactions accurately.

 

SECTION 8 - THIRD PARTY LINKS AND OPTIONAL TOOLS

  1. We do not make any representations about third party websites that may be linked to Our Website. This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website. Any hyperlink on Our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. 
  2. Certain content, Products and Services available via Our Service may also include materials from third parties.
  3. Links on this Website may direct You to third party Websites or other content not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third party content or Websites, or for any other materials, products, or services of third parties.
  4. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.
  5. We encourage you to carefully review the third party's policies and practices and make sure You understand them before You engage in any use of their website.
  6. Complaints, claims, concerns, or questions regarding third party websites, products, tools or transactions should be directed to the third party.
  7. Outside the Bubble takes no responsibility for Your access to third party tools provided via this Website – these tools are neither created, monitored nor controlled by Outside the Bubble.
  8. You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Outside the Bubble has no liability whatsoever arising from, or relating to, Your use of optional third party tools.
  9. Any use by You of optional tools offered through the Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
  10. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 - LINKING TO OUR WEBSITE

  1. You may link to Our Website only with Our written consent. Any such linking will be entirely Your responsibility and at Your expense. By linking, You must not alter any of Our Website's content, including any intellectual property notices, and You must not frame or reformat any of Our pages, files, images, text or other materials. 

  

SECTION 10 - PRIVACY AND PERSONAL INFORMATION

  1. Our compliance with privacy legislation is set out in our separate Privacy Policy, which may be accessed from our home page. 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

  1. Occasionally there may be information on Our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to such information as Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. Outside the Bubble reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after You have submitted Your order).
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

  1. In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate Outside the Bubble’s intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Outside the Bubble reserves the right to terminate Your use of the Service, the Website or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. We do not guarantee, represent or warrant that Your use of Our service will be uninterrupted, timely, secure or error-free.
  2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  3. You agree that from time to time We may remove the Service for indefinite periods of time or cancel the service at any time, without notice to You.
  4. You expressly agree that Your use of, or inability to use, the service is at Your sole risk. To the extent permitted by law, the Service and all Products and Services delivered to You through the Service are (except as expressly stated by Outside the Bubble) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  5. To the extent permitted by law, in no case shall Outside The Bubble, Our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from Your use of any of the Services or Products procured using the Service, or for any other claim related in any way to Your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

 

SECTION 14 - INDEMNIFICATION

  1. You agree to indemnify, defend and hold harmless Outside The Bubble and Our subsidiaries, affiliates, owners, partners, officers, directors, employees, interns, agents, contractors, licensors, service providers, subcontractors and suppliers harmless from any and all third party claims, liability, damages or demands, including but not limited to legal fees, due to or arising out of Your use of this Website; or breach of these Terms of Service (including documents they incorporate by reference); or Your violation of any law or the rights of a third party.

 

SECTION 15 - SEVERABILITY

  1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

  1. We reserve the right to terminate these Terms of Service and Your access to/use of Our Website at our sole discretion:
 
a)  For convenience, at any time, upon provision of notice to You; 
or    

b)  Immediately: if We reasonably believe that You have breached Our Terms of Service, and it is not possible to remedy that breach; or, where the breach can be remedied, if You have been given notice of the breach, and You have failed to provide a remedy for it within 14 days.

 

SECTION 17 - ENTIRE AGREEMENT

  1. The failure of Outside the Bubble to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules posted by authorised staff on this Website or in respect to the Service constitutes the entire agreement and understanding between You and Outside the Bubble and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Outside the Bubble (including, but not limited to, any prior versions of the Terms of Service).
  3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - CHANGES TO TERMS OF SERVICE

  1. You can review the most current version of the Terms of Service at any time on the Terms of Service page of this Website (link available on Our homepage).
  2. Outside the Bubble reserves the right, at Our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this Website. It is Your responsibility to check this Website periodically for changes. Your continued use of / access to this Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 19 - GOVERNING LAW

  1. These Terms of Service and any separate agreements whereby We provide You Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and any claim made by either party against the other which in any way arises out of these Terms of Service will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms of Service and the remaining provisions will remain in full force and effect.

 

SECTION 20 - CONTACT INFORMATION / COMPLAINTS / COMPLIMENTS

  1. We welcome Your feedback. Should you have any praise or concerns, please do not hesitate to get in touch via Our Contact Us page on this Website.
  2. In the unlikely event that a dispute should arise, We will endeavour to resolve the issue both promptly and fairly.

  

SECTION 21 – FURTHER POLICY DOCUMENTS

  1. For further information about your rights and responsibilities, please read the following policy documents, accessed from our home page: