Terms of service

WEBSITE TERMS AND CONDITIONS OF USE

Terms of service

 

Date of Last Update: 12 April 2024


  1. About the Website

 

  • Welcome to labelsnow.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various 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 'Purchase Services').


  • The Website is operated by Anneli Helen Curd trading as Labels Now Australia (“Labels Now Australia”, “we”, or “us”). Access to and use of the Website, or any of its associated Products or Services, is provided by Labels Now Australia.


  • Please read these terms and conditions (the 'Terms') carefully. By accessing, using, browsing and/or reading the Website, you warrant and represent that you have read, understood and agree to be bound by these Terms, and have the right, authority and legal capacity to enter into a legally binding contract and to abide by these Terms, this signifies that you have read, understood and agree to be bound by the Terms.


  • By agreeing to these Terms you are entering into an agreement with us including any of our successors, assignees and related bodies corporate (as defined in the Corporations Act 2001 (Cth), and agree to comply with any and all applicable laws and regulations. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.


  • All of our policies that are linked to or in the Website including our Privacy Policy are incorporated into these Terms. You agree to comply with such Terms when accessing or using our Services.


  • Labels Now Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Labels Now Australia updates the Terms, we will endeavour to notify you as soon as reasonably possible of any changes to the Terms by a notice on or in the Services. However, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms. We reserve the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you. Any changes to the Terms take immediate effect from the date of their publication.

 

  1. 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 Labels Now Australia in the user interface.

 

  1. Registration to use the Purchase Services

 

  • In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:


  • Email address


  • Mailing address


  • Telephone number


  • Password; and/or


  • Payment details.


  • Your personal information will be handled in accordance with our Privacy Policy.


  • You warrant that any information you give to Labels Now Australia in the course of completing the registration process is accurate, correct and up to date. It is your responsibility to ensure that the information that Labels Now Australia holds is up to date and accurate. Labels Now Australia will not be held liable for any outdated or incorrect information.


  • Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.


  • As a Member you will be granted immediate access to the Purchase Services.


  • You may not use the Purchase Services and may not accept the Terms if:


  • You are not of legal age to form a binding contract with Labels Now Australia; or


  • You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

 

  1. Your obligations as a Member

 

  • As a Member, you agree to comply with the following:


  • The Terms;


  • The Account Application Form including as to payment;


  • Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;


  • You acknowledge that you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;


  • Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Labels Now Australia of any unauthorised use of your password or email address or any breach of security of which you have become aware;


  • 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 Labels Now Australia providing the Purchase Services;


  • You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members 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 Purchase Services. Appropriate legal action will be taken by Labels Now Australia for any illegal or unauthorised use of the Website; and


  • You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.


  • You understand and agree that we may, in our absolute discretion, investigate, take legal action, terminate or cancel your access to the Services or your account at any time, including if it is found that you have, or are suspected of, violating these Terms.


  1. Purchase of Products and Returns Policy

 

  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').


  • Payment of the Purchase Price may be made through various methods as approved by us from time to time. These third-party providers are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You understand and agree that you use such third-party providers at your own risk and that we are not liable for any information provided by, or the privacy practices of, any third party providers.


  • Following payment of the Purchase Price being confirmed by Labels Now Australia, you will be issued with a receipt to confirm that the payment has been received and Labels Now Australia may record your purchase details for future use.


  • Labels Now Australia may, at their sole discretion, provide a refund on the return of the Products in accordance with its Refund Policy.

 

  1. Warranty

 

  • Labels Now Australia's Products come with guarantees that cannot be excluded under the Australian Consumer Law. To the maximum extent permitted by law, our liability under these Terms shall be limited to any one or more of the following:


  • the replacement of the Goods or re-supply of equivalent goods or services;


  • the repair of such Goods and Services;


  • the payment of the cost of replacing the Goods or Services or of acquiring equivalent goods or services or a refund of the purchase price; or


  • the payment of the cost of having the Goods repaired.


  • You must provide proof of purchase to Labels Now Australia 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 Labels Now Australia at PO Box 455, Mosman, New South Wales, 2088 or by email at orders@labelsnow.com.au.


  • You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.


  • The Warranty shall be the sole and exclusive warranty granted by Labels Now Australia and shall be the sole and exclusive remedy available to you, to the extent permitted by law.


  • To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.


  • This clause survives termination of these Terms.

 

  1. Delivery

 

  • Delivery and Shipping will be handled in accordance with our Shipping Policy.


  • You acknowledge that the Purchase Services offered by Labels Now Australia integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').


  • In providing the Purchase Services, Labels Now 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 Labels Now 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.


  • In the event that an item is lost or damaged in the course of the Delivery Services, Labels Now Australia asks that you:


  • 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 orders@labelsnow.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.


  • Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. We will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.

 

  1. Copyright and Intellectual Property

 

  • All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Labels Now Australia, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.


  • We allow you to access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent.


  • Unless explicitly stated, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services.


  • Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:



  • copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of our IP or our Services or cause or assist others to do so;


  • challenge our ownership of our IP;


  • infringe our IP; or


  • use or make any intellectual property that is similar to our IP.

 

  1. Privacy

 

  • Labels Now Australia takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to our Privacy Policy, which is available on the Website.

 

  1. General Disclaimer

 

  • If you choose to use the Website, you do so at your own risk.


  • We make no representation that anything offered through the Website is available for use in other locations, or that it complies with laws and regulations of other locations.


  • We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis.


  • We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Website, or that this Website is free of viruses or other harmful components.


  1. Limitation of Liability


  • To the maximum extent permitted by law, neither Labels Now Australia, nor any of its employees, agents, affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:


  • Any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;


  • Any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;


  • Any delay or failure in the provision of our Services;


  • Any errors in, or omissions from, the information contained in the Services;


  • Any loss of data;


  • Any goods or services supplied by us; or


  • These Terms or any breach of these Terms.


  • You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.


  1. Termination of Contract

 

  • The Terms will continue to apply until terminated by either you or by Labels Now Australia as set out below.


  • If you want to terminate the Terms, you may do so by:


  • Notifying Labels Now Australia at any time; and


  • Closing your accounts for all of the Purchase Services which you use, where Labels Now Australia has made this option available to you.


  • Your notice should be sent, in writing, to Labels Now Australia via the 'Contact Us' link on our homepage.


  • Labels Now Australia may at any time, terminate the Terms with you if:


  • You have breached any provision of the Terms or intend to breach any provision;


  • Labels Now Australia is required to do so by law;


  • The partner with whom Labels Now Australia offered the Purchase Services to you has terminated its relationship with Labels Now Australia or ceased to offer the Purchase Services to you;


  • Labels Now Australia is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or


  • The provision of the Purchase Services to you by Labels Now Australia is, in the opinion of Labels Now Australia, no longer commercially viable.


  • Subject to local applicable laws, Labels Now Australia reserves the right to discontinue or cancel your membership 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 or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Labels Now Australia's name or reputation or violates the rights of those of another party.


  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Labels Now 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.

 

  1. Release and Indemnity

 

  • You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from Labels Now Australia, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.


  1. Dispute Resolution

 

  • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).


  • Notice:


  • A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute within 14 days of a Dispute arising.


  • Resolution:


  • On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:


  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;


  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, then the parties shall refer the dispute to Resolution Institute in Sydney for facilitation of a mediation in accordance with Resolution Institute’s Mediation Rules;


  • The parties must co-operate with Resolution Institute as facilitator;


  • If within 14 days after referral of the Dispute to Resolution Institute the parties have not agreed upon the mediator, the mediator will be determined in accordance with the Resolution Institute’s Mediation Rules;


  • 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.


  • This clause will survive termination of these Terms.


  1. Venue and Jurisdiction

 

  • The Purchase Services offered by Labels Now Australia is intended to be viewed by residents of Australia.


  • In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.


  1. Governing Law

 

  • The Terms are governed by the laws of New South Wales, 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 New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules.


  • The validity of this governing law clause is not contested.


  • The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.


  1. Severance

 

  • 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.