(a) The website called www.theboundarygate.com.au (Site) is owned and operated by The Boundary Gate Pty Ltd (48 162 703 871), which is registered in Queensland, Australia (Company).
(b) In these terms and conditions (Terms), “us”, “we” and “our” refer to the Company, and references to “you” or “your” is to you, the end user of the Site (User).
(c) In these Terms, Content means all information, graphics, HTML, text, software and materials on the Site. In these Terms, a reference to use of the Site also means use of the Content.
(d) The Site is an application designed for Users to purchase products (Product) for delivery by the Company.
(f) We may amend the Terms at our sole and absolute discretion. It will be your responsibility to regularly check the Terms at http://theboundarygate.com.au/pages/terms-of-use. By continuing to use the Site after an amendment to the Terms, you agree to be bound by the Terms as amended.
(g) All notices, enquiries and complaints can be communicated to the Company at firstname.lastname@example.org.
2. Conditions of Use
(a) You are granted a limited and revocable license to view and use the Site in accordance with these Terms if you:
(i) are over the age of 18 years;
(ii) are capable of forming binding contracts;
(iii) are not breaking any law by accessing and using the Site (by reference to laws in your jurisdiction and the Company’s);
(iv) use the Site for lawful purposes only (by reference to laws in your jurisdiction and the Company’s);
(v) use the Site only in the way that it is designed to be used; and
(vi) do not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Site (as determined by us at our sole discretion).
(b) Your licence to use the Site will be immediately revoked if you breach any of the conditions in clause 2(a).
3. Account Registration
(a) In order to access certain parts and functionality of the Site, you will need to register a membership account with the Site (Account).
(b) Subject to these Terms, we grant you a limited and revocable license to register an Account while you remain in compliance with these Terms.
(c) When you register your Account, you undertake to:
(i) provide information during the registration process that is accurate and complete in all respects; and
(ii) represent yourself only, and not to create false aliases or impersonate any other person (with or without their consent) while using the Site.
(d) You must retain access to the username and password created during the Account registration process to access the Site.
(e) It is your sole responsibility to keep your username and password secure. You are solely responsible for the use of your Account, irrespective of who is using it, even if it is used without your permission.
(f) You agree that we are able to send you emails to enable direct access to your Account without a password as part of our password reset process. You acknowledge and agree that anyone with access to the email account specified in the Account details will indirectly have access to your Account.
(g) You agree to indemnify us against any and all liability, loss, costs and expenses arising from or incurred in connection with unauthorised access to your Account.
(h) Wholesale accounts may not use additional discount codes unless authorised by The Boundary Gate Pty ltd to do so.
(i) Returns policy does not apply to wholesale orders unless faulty.
4. Product Information and Availability
(a) The Company will sell the Products to Users from the Site.
(b) All prices on the Site are shown in Australian Dollars (AUD) and are inclusive of GST.
(c) The colours of Products that you see depend on your computer display, so we cannot guarantee that your monitor will display the colours accurately.
(d) You agree and acknowledge that there may be technical or administrative errors in the information on the Site, including but not limited to errors with respect to product description, pricing and availability.
(e) We reserve the right:
(i) change any prices without notice; and
(ii) to correct any errors without any notice, including after you have submitted an order or made a payment.
(f) We reserve the right to limit quantities of Product sold, including after you have submitted an order or made a payment.
(g) Representations of Products for sale on the Site do not constitute an offer to sell but an invitation to treat. Such representations do not warrant that the Product is available.
(h) If there is an error in any information that forms part of an offer from us to you, any agreement arising from your acceptance of that offer will be void at our absolute discretion.
5. Delivery and Return of Goods
(a) Any automated confirmation, receipt connected with an order placement or processing of a payment for an order through the Site does not constitute acceptance of an order by us. If we decline your order after a payment for the order has been processed we will contact you with the details and refund the payment in full.
(b) The Products are our absolute property at law and in equity until you have paid the full price for the Product.
(c) You agree to take on the risk for the Products, such as loss or damage, when the Products reach the delivery address.
(d) After taking delivery of the Products, you agree to examine the Products and notify us within 10 days of the delivery date if you consider that there is any defect in the Products.
(e) If we receive no notification from you within 10 days of the delivery date, you agree that the Products will be deemed delivered without defect.
(f) as referred to in our guarantee - 'full refund including postage' is the postage paid on the initial order placed to the company by the customer and does not include the return postage and does not apply to wholesale orders unless the goods are faulty.
6. Customs, Duties and Taxes
(a) If you order Products from outside Australia, you agree to take responsibility for ensuring that the Products can be legally imported into the country of delivery.
(b) You agree to pay any customs, duties or taxes with respect to the Products that we send to the address outside of Australia, including GST. With the exception of GST, these costs will be in addition to the purchase price that we quote on the Site.
(a) You agree to pay all fees and charges, including GST in respect of the Products, as required on demand, in full and without set-off
(b) Unless stated otherwise, and insofar as permissible under laws, refunds will be at the sole and absolute discretion of the Company.
8. Content on the Site
(a) All Content is for informational purposes only, and is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the Content.
(b) You agree and acknowledge that there may be technical or administrative errors in the Content.
(c) We reserve the right to correct any errors in the Content and on the Site without any notice to you.
9. Site Availability
(a) By using the Site you agree that we accept no responsibility for the Site or any part of it being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any part of it.
(b) You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site or any part of it.
(c) We may change, update or otherwise amend the Site or any part of it at our sole and absolute discretion without any notice to you and any other User. This may result in the Site being offline, for which we are not obligated to provide notice.
10. Intellectual Property
(a) All title, ownership rights and intellectual property rights, including copyright, in relation to the Site is owned or used under licence by the Company.
(b) Without the express written permission of the Company, you shall not:
(i) replicate all or part of the Site in any way; or
(ii) incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
(c) The Site includes registered and unregistered trade marks. You shall not copy, alter, use or otherwise deal in the Company’s trade marks without the prior written consent of the Company.
(d) You agree that you will not copy any part of the Site for your own purposes. You may however view the Site using your web browser and make a temporary copy of all or part of the Site for your personal use only.
11. Complaints about the Site
(a) If you have a complaint in connection with the Site or a Product for which you consider that the Company is liable (Complaint), you must report it to us within 10 days of the circumstances giving rise to the Complaint first occurring. We may or may not investigate your complaint, depending on its nature, a choice that will be at our sole discretion.
(b) If you are not satisfied with our action under clause (a) of the Terms, you must formally notify us of your complaint with a written notice (Complaint Notice), which includes, or is accompanied by, full and detailed particulars of the Complaint.
(c) Within 10 days after a Complaint Notice is given, a representative of the Company will respond to the Complaint Notice in writing (Company Response).
(d) In accordance with this section, you agree not to bring court proceedings against us in respect of any Complaint unless you comply with the requirements of this clause (but subject always to any rights you may have as a consumer under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).
13. Exclusion of Liability
(a) You acknowledge and agree that you use the Site and the Products at your own risk.
(b) As a consumer, there are certain rights (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non Excludable Condition). This clause is subject to those Non Excludable Conditions.
(c) You agree that all implied guarantees, conditions and warranties are excluded from the Terms, except any Non Excludable Condition.
(d) Subject to the application of any applicable Non Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with the Terms, Site or Products, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded. Subject to the application of any Non Excludable Condition, we will not, under any circumstances, be liable to you for any indirect or Consequential Loss. Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
(e) Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any Non Excludable Condition is restricted, at our option to:
(i) the re-supply of services or payment of the cost of re-supply of services; or
(ii) the replacement or repair of goods or payment of the cost of replacement or repair.
(a) By using the Site, you agree to indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from your use of the Site or the Products.
(b) Without limiting the generality of the above, you agree to indemnify us and our officers, employees, contractors and agents (the Indemnified) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from your breach of the Terms and any negligent or unlawful act or omission by you in connection with the Site or the Products.
(c) Without limiting the generality of the above, you further agree to indemnify the Indemnified against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from a contract in force between us and a third party connected with the Site or the Products.
(a) We will send you notices and other correspondence to the details that you notify us of from time-to-time by using the Site. It is your responsibility to notify us of any updated contact details as they change.
(b) Email notice from you or us is effective notice under the Terms.
(a) You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in the Terms.
(b) The relationship between you and us under any agreement arising from the Terms does not form a joint venture, partnership, agency, or any form of employment relationship.
(c) No clause of the Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(d) You cannot assign, novate or otherwise transfer any of your rights or obligations under any contract arising from the Terms without our prior written consent.
(e) We may assign, novate or otherwise transfer any of our rights or obligations under the agreement arising pursuant to the Terms to a third party without notice to you, or your prior consent. If we require it, you will sign any documents to give effect to an assignment, novation or transfer by us under this clause.
(f) The agreement arising under the Terms will be governed by the laws of the state set out in the definition of Company. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction in that state, and it shall be the sole forum for any proceedings.
Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.