About the Website
1.1. The Website www.hoursandminutes.co is operated by Hours and Minutes Australia Pty Ltd ( ABN 81 167 733 379). Access to and use of the Website, or any of its associated Products or Purchasing Services, is provided by Hours and Minutes Australia. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading 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 usage of the Website, or any of the Purchasing Services, immediately.
1.2. The Website provides you with an opportunity to browse and purchase products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchasing Services’).
1.3. Your use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.4 Hours and Minutes Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hours and Minutes Australia updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.5 Hours and Minutes Australia may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Website;
(b) withdraw or suspend access to all or any part of the Website and any account;
(c) monitor the use of the Website;
(d) subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that you may have uploaded, posted, emailed or otherwise transmitted to the Website or in connection with the Purchasing Services.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Hours and Minutes Australia in the user interface.
Using the Purchasing Services
3.1. In order to access the Purchasing Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
an email address;
a mailing address;
a telephone number;
payment information; and
You warrant that any information you give to Hours and Minutes Australia in the course of using the Website or the Purchasing Services will always be accurate, correct and up to date.
You may not use the Purchasing Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Hours and Minutes Australia; or
you are a person barred from receiving the Purchasing Services or Products under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchasing Services.
3.5 Hours and Minutes Australia may, at its sole discretion and for any or no reason, refuse registration of, or suspend a user account.
4.1. As a user, you agree that:
you will use the Purchasing Services only for purposes that are permitted by the Terms, any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Hours and Minutes Australia providing the Purchasing Services;
you will not use the Purchasing Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchasing Services. Appropriate legal action will be taken by Hours and Minutes Australia for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Purchasing Services is prohibited.
4.2 If you wish to purchase Products, you must click the relevant button on the Website and confirm at checkout that you wish to make a purchase. Upon clicking the button to confirm a purchase, you are committing to a contractual obligation to buy the selected Products for the purchase price listed on the Website for the Product (‘Purchase Price’), and to make such additional payments as may be required, as set out on the Website, and including those imposed by Hours and Minutes Australia, its payment partners and your financial institution.
4.3 Purchase Prices displayed are inclusive of all applicable GST. Shipping and any insurance charges will be separately shown, if selected.
Purchasing of Products and Returns Policy
5.1. In using the Purchasing Services to purchase the Product through the Website, you agree to pay the Purchase Price and any other charges such as shipping, insurance and third party fees.
5.2. Payment of the Purchase Price may be made through one of the following third party providers:
Any other payment method we may offer from time to time
(the ‘Payment Gateway Providers’)
5.3. Following payment of the Purchase Price being confirmed by Hours and Minutes Australia, you will be issued with a receipt to confirm that the payment has been received and Hours and Minutes Australia may record your purchase details for future use.
5.4 If the Products are being shipped to an address that is not in the same state or country as Hours and Minutes Australia, you or the addressee will be responsible for paying any other charge, tax or impost or levy imposed by any applicable government agency in the addressee’s state or country.
5.5 Users who make a purchase must make full payment for Products via the methods offered by Hours and Minutes Australia from time to time. Purchases are not confirmed until Hours and Minutes Australia has confirmed receipt or verification of payment and has conducted fraud checks, as required. All payments must be made, and will be taken, in Australian dollars.
6.1 Hours and Minutes Australia’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
No other warranties and limitation of liability
7.1 To the extent permitted by law, Hours and Minutes Australia excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Hours and Minutes Australia is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), Hours and Minutes Australia’s liability is limited (to the extent permitted by law) at its option to the following:
in the case of goods supplied or offered by it:
to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
7.2 Hours and Minutes Australia, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a user’s use of or inability to use the Website,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;
(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or
(d) Hours and Minutes Australia’ negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
7.3 Hours and Minutes Australia will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchasing Services or these Terms (including as a result of not being able to use the Purchasing Services or the late supply of the Purchasing Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.4 Without limiting 7.1, 7.2 or 7.3, Hours and Minutes Australia’ total liability shall be limited to the Purchase Price paid by a user in respect of a disputed transaction.
Delivery & Risk
8.1. You acknowledge that the Purchasing Services offered by Hours and Minutes Australia integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies such as Australia Post (the ‘Delivery Service Providers’). Delivery is usually made in 5 business days to addresses within the metropolitan area of capital cities in Australia.
8.2. In providing the Purchasing Services, Hours and Minutes Australia may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Hours and Minutes Australia is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.3. Risk in the Products passes to you when the Products leave our facility and are accepted by the Delivery Service Providers.
8.4 In the event that an item is lost or damaged in the course of the Delivery Services, you must:
contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit.
8.5 You acknowledge that Hours and Minutes Australia does not provide the Delivery Services to you and you agree that Hours and Minutes Australia will not be liable to you for any direct or indirect loss, special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Copyright and Intellectual Property
9.1 The Website, the Purchasing Services and all of the related Products of Hours and Minutes Australia are subject to copyright, trademark and other intellectual property protection. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Hours and Minutes Australia.
9.2 Hours and Minutes Australia retains all rights, title and interest in and to the Website and all related content and Products. Nothing you do on or in relation to the Website will transfer to you:
the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Hours and Minutes Australia; or
the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
9.3 You may not, without the prior written permission of Hours and Minutes Australia and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
11.1 You acknowledge that Hours and Minutes Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided in these Terms.
11.2 Hours and Minutes Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Use of the Website, the Purchasing Services, and any of the products of Hours and Minutes Australia(including the Delivery Services), is at your own risk. Everything on Website, the Purchasing Services, and the Products of Hours and Minutes Australia, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Hours and Minutes Australia (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchasing Services (including the products or Purchasing Services of Hours and Minutes Australia) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Purchasing Service, or any of its Content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Purchasing Services or any of the Products;
the Content or operation in respect to links which are provided for the User’s convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Hours and Minutes Australia as set out below.
12.2. If you want to terminate the Terms, you may do so by:
notifying Hours and Minutes Australia at any time; and
closing your accounts for all of the Purchasing Services which you use, where Hours and Minutes Australia has made this option available to you.
Your notice should be sent, in writing, to Hours and Minutes Australia via the ‘Contact Us’ link on our homepage.
12.3. Hours and Minutes Australia may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any
Hours and Minutes Australia is required to do so by law;
the partner with whom Hours and Minutes Australia offered the Purchasing Services to you has terminated its relationship with Hours and Minutes Australia or ceased to offer the Purchasing Services to you;
Hours and Minutes Australia is transitioning to no longer providing the Purchasing Services to Users in the country in which you are resident or from which you use the service; or
the provision of the Purchasing Services to you by Hours and Minutes Australia is, in the opinion of Hours and Minutes Australia, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Hours and Minutes Australia 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.
You indemnify Hours and Minutes Australia, its related bodies corporate, their officers and employees, and service providers from and against all:
(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
14.1 Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with this contract (including any dispute as to the validity, breach or termination of the contract, or as to any claim in tort, in equity or pursuant to any statute).
14.2 Notice (the notice of dispute) must be given in writing by the party claiming that a dispute has arisen to the other party (or parties) to this contract specifying the nature of the dispute.
14.3 Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.
14.4 If within 10 business days of receipt of the notice of dispute the dispute is not resolved, then the parties shall agree on a mediator, of failing agreement on a mediator, refer the dispute to a person appointed by the Chair of the Resolution Institute, (ACN 008 651 232; Level 2, 13-15 Bridge Street, Sydney NSW 2000; email: firstname.lastname@example.org, telephone: (61-2) 9251 3366, for facilitation of a mediation in accordance with Resolution Institute’s Mediation Rules.
14.5 The parties must co-operate with the Resolution Institute as facilitator and its appointed mediator.
14.6 The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation
14.7 The mediation will be held in Melbourne, Victoria.
14.8 All communications concerning negotiations made by the 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.
14.9 If 3 months 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.
14.10 This clause will remain operative after the contract has been performed and notwithstanding its termination.
Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Purchasing Services or the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
19. Revisions and Errata
The Content appearing on the Website could include technical, typographical, or photographic errors. Hours and Minutes Australia does not warrant that any of the Content on the Website are accurate, complete, or current. Hours and Minutes Australia may make changes to the Content contained on the Website at any time without notice. Hours and Minutes Australia does not, however, make any commitment to update the Content.
20. Links and Advertising
Hours and Minutes Australia has not reviewed the sites linked to or from the Website or third-party advertising. All links and advertising provided are for your convenience only, and Hours and Minutes Australia is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Hours and Minutes Australia of the site. Use of any such linked website or advertising is at your own risk.