TERMS AND CONDITIONS
COLAB MERCH WEBSITE TERMS
Hello and Welcome to Colab Merch! At Colab Merch, we are passionate about supporting artists and creating merchandise from right here in our own backyard. Supporting the creators we have on board is one of our main goals, as well as wanting to provide quality service.
WHO WE ARE AND HOW TO CONTACT US
1.1. colabmerch.com.au is a website (Site) operated by COLAB MERCHANDISING Pty Ltd 53 Coolaroo Rd, Lane Cove North, NSW 2066, Australia.
1.2. To contact us, please email [email protected].
BY USING OUR SITE YOU ACCEPT THESE TERMS
WE MAY MAKE CHANGES TO THESE TERMS
3.1. We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
3.2. These terms were most recently updated on July 3rd 2021.
WE MAY MAKE CHANGES TO OUR SITE
4.1. We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
5.1. Our Site is made available free of charge.
5.2. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. 5.3. We will try to give you reasonable notice of any suspension or withdrawal.
ELIGIBILITY TO USE OUR SITE
6.1. Our Site is directed to users who are over 18 years and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
6.2. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
7.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
HOW YOU MAY USE MATERIAL ON OUR SITE
8.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
8.3. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
8.4. You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us and our licensors.
8.6. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
8.7. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
DO NOT RELY ON INFORMATION ON THIS SITE
9.1. This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
9.2. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
9.3. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
10.1. Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
USER GENERATED CONTENT
11.1. This Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site may not represent our views or values.
11.2. This Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, “User Contributions”) on or through the Site.
11.3. All User Contributions must comply with the content standards set out in Paragraph 12 of these terms.
11.4. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
11.5. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.6. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards in Paragraph 12 of these terms.
11.7. You are solely responsible for securing and backing up your content.
11.8. You represent and warrant that:
11.9. You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
11.10. All of your User Contributions do and will comply with these terms.
11.12. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
11.13. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us at [email protected].
12.1. The content standards in this clause 12 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
12.1.1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
12.1.2. Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
12.1.3. Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
12.1.5. Be likely to deceive any person.
12.1.6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
12.1.7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
12.1.8. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
12.1.9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
12.1.10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12.2. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause 12.
12.3. You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
LIMITATION OF LIABILITY
13.1. In no event will we, our employees or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.2. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
13.3. You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms.
WE ARE NOT RESPONSIBLE FOR VIRUSES
14.1. We do not guarantee that our Site will be secure or free from bugs or viruses.
14.2. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
RULES ABOUT LINKING TO OUR SITE
15.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in Paragraph.
15.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
15.4. We reserve the right to withdraw linking permission without notice.
15.5. If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected].
AUSTRALIAN LAW APPLIES
16.2. Each party agrees the courts in Victoria, Australia will have non exclusive jurisdiction in any matter concerning the relationship between the parties.
17.1. “COLAB MERCHANDISING” and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Paragraph 8.
17.2. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under license.
18.1. You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
18.1.1. in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
18.1.2. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
18.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Paragraph 12 of these terms;
18.1.4. to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
18.1.5. to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
18.1.6. to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
18.2. Additionally, you agree not to:
18.2.1. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
18.2.2. use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
18.2.3. use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
18.2.3. use any device, software or routine that interferes with the proper working of the Site;
18.2.4. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
18.2.5. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
18.2.6. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
18.2.7. otherwise attempt to interfere with the proper working of the Site.
18.3. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
19.1. All purchases through our Site or other transactions for the sale of services and information formed through the Site or as a result of visits made by you are governed by our terms of sale, which are incorporated into these terms.
OTHER TERMS AND CONDITIONS
20.1. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.
21.1. These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on our website.
22.1. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person or entity.
23.1. If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
TERMS OF SALE
1. By clicking “I agree”, you signal that you agree to:
a. the Terms of Sale herein; and
b. the Colab Merch Website Terms.
In the event of a conflict of terms, these terms of sale shall prevail to the extent of any inconsistency.
The parties to this Agreement are You and COLAB MERCHANDISING Pty Ltd.
Who is Who in the Zoo:
a. You, the purchaser;
b. We, Colab Merch.
c. Vendors on the platform;
Colab Merch operates as a marketplace for Vendors to sell products and services through Our website. Any products and services you purchase from the Vendors on our website creates contract between you and the Vendor. We not accept any responsibility for breach of contract or negligence by them.
The Services being provided by COLAB MERCHANDISING Pty Ltd to You:
i. Access to a platform to view and purchase goods and services from third party Vendors; and
ii. Facility to pay for the goods and services.
b. Does not include:
i. Delivering the goods or services to You; or
ii. Manufacturing of the products;
The Vendor is responsible for the quality of the goods or services you purchase through the platform.
Your rights under the Australian Consumer Law are important. Nothing in this agreement is intended to diminish those rights.
How to place an order:
a. Browse our site online and add services to your cart by clicking on the ‘Add to Cart” button.
b. To complete your order, click on View Cart and then proceed to “Secure Checkout” once you have selected the services you would like.
c. Once you are ready to purchase, click “Buy Now”.
d. We reserve the right to review and decide whether or not to accept the order for any reason including but not limited to:
We suspect that you will on sell our service to third parties:
If we suspect that fraud applies to your Order;
The was a mistake by Us such as wrongly stated prices.
a. We will process payment through your nominated method.
b. Once accepted by Us, we will send you a confirmation of acceptance.
c. Until we send you a confirmation of acceptance of order, you have the right to seek a refund by your original payment method, less p
a. You must pay for the Order in full at the time of ordering by one of the payment methods we accept on our website. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase.
b. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them.
c. By placing an order, you authorise us to conduct credit and security checks on you and your cards. This may involve transmitting your personal information to third parties including your credit card information.
a. We reserve the right to terminate any order if the product or service is not available. In this situation, we will notify you and provide a refund.
If you are ordering for a Group, you warrant that all persons registered to participate in the activity are over the age of 18.
Limitation of liability:
a. To the extent allowed by law, our liability is capped at either:
i. A refund ; or
ii. A replacement.
b. Collab Merch reserves the right to choose whether to issue a refund or replacement.
a. If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these terms shall not be affected.
a. These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on our website.
Australian law applies
b. Each party agrees the courts in Victoria, Australia will have non exclusive jurisdiction in any matter concerning the relationship between the parties.