Terms and Conditions

Netball Diaries  – Website Terms of Use and Disclaimer

Welcome to our website. The website (netballdiaries.com.au) is owned and operated by Inspired Diaries Pty Ltd t/as Netball Diaries (ABN 86 639 729 776) – “we” “us” means Inspired Diaries Pty Ltd t/as Netball Diaries.

By accessing, browsing, or shopping on this website, you are agreeing to comply with and be bound by the following terms of use, together with our Privacy Policy. Please read them carefully.

1. Use of the Website

The Website provides you with an opportunity to browse and purchase various products that have been listed for sale. Access to and use of the Website, or any of its associated Products or Services 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.

We reserve the right to review and change any of the Terms by updating this page at our sole discretion.

2. Intellectual Property

This website and all of the related products are are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.

This material includes, but not limited to, the content, design, layout, appearance, graphics, text, logos and some of our products. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website are owned or controlled for these purposes, and are reserved by us.

All rights are expressly retained and reserved by us.  Any reproduction of the website, website content or products is prohibited. Nothing you do on or in relation to the Website will transfer to any intellectual property or associated rights.

3. Privacy

We take privacy seriously. All information we collect, how we use it and disclose it, is set out in our Privacy Policy available on our website.

4. Purchase of Products

In Purchasing the Product through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Product.

Payment of the Purchase Price may be made via Credit Card through Stripe or eWay (the ‘Payment Gateway Provider’). In making a Purchase, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

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

5. Currency, GST & VAT

Prices are listed in Australian Dollars (AUD) and are inclusive of GST, unless otherwise stated on the website.

We are also VAT registered and prices for UK customers include VAT.

If you are an International customer, you should consider the exchange rate with your local currency at time of ordering.

6. Discounts & Coupon Codes

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer.

Discounts and coupon codes are available for the stated time, are non-transferable or are not redeemable for cash.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

7. Postage and Delivery

Our Shipping Policy is available on our website and sets out postage fees and delivery time frames.

The Purchase of International Products offered by us, integrate delivery services through the use of third party delivery companies (the ‘ Delivery Service Providers’). You acknowledge and agree, we are not the Delivery Service Providers and therefore, time frames listed may vary.

8. Return & Refund Policy

If there is a problem with your order,  please email us (hello@netballdiaries.com.au) within 7 days of receipt of your item(s), with a description and photographs of the problem so we can discuss options with you.

Once we have access the problem and verified your claim, we will promptly arrange a replacement, repair or refund in accordance with the law. Please note we do not offer refunds for items damaged in transit, but we will happily replace them.

At our sole discretion, we may provide a refund for change of mind, on the return of the Products within 7 days of receipt, where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause

9. Australian Consumer Law

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 and compensation for any other reasonably foreseeable loss or damage. 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.

In order to make a claim, please contact us at hello@netballdiaries.com.au.

The claim shall be the sole and exclusive warranty granted. The claim will not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

10. General Disclaimer

You acknowledge that, we, do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

We 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.

Nothing in these Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Inspired Diaries Pty Ltd 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, any of the products is at your own risk. Everything on the Website, and Products 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, 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 Purchase 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:

(i) 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;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User’s convenience;

(v)any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi)any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

Our total liability arising out of or in connection with the Purchase or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability is the resupply of information or Purchase to you.

We shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

We are not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase, whether posted or caused by users of the website.

12. Dispute Resolution

If a dispute arises out of these conditions or you are unhappy with our Product for any reason, we ask that you contact us in the first instance, and we will do our best to resolve the issue to our mutual satisfaction. If we are unable to resolve it within 30 days, we will go mediation in Brisbane or the Gold Coast, Queensland and split the fees of that equally.

If 30 days 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.

13. Jurisdiction

As we are located in Queensland, Australian, 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 Queensland, Australia.

The Terms are governed by the laws of Queensland, 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 Queensland 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.

14. Severance

If any part of these Terms is found to be void or unenforceable by a Court ofcompetent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Last updated 2 December 2020