E-commerce Terms and Conditions

Definitions

The following terms will, if not inconsistent the meanings indicated:

“We”, “Us”, or “The Old Boys Union” means Parramatta Marist Old Boys Union ABN 50 276 509 663.

Australian Consumer Law means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (“ACL”;

“Goods” means the goods described in this Purchase Order or otherwise displayed or described on this website or sites linked to this website and includes services, licenses, any other intellectual property downloadable or otherwise, and the grant of access to certain parts of this website or sites linked to this website and the display content submitted by you including advertising material.

“Purchase Order” is the submission to a payment gateway or other point of sale used by this website.

“Contract” means an agreement between you and us express or implied and includes the terms and conditions on this website.

“Site” means parramattamaristobu.org.au

To be read with other Terms & Conditions

These terms and conditions are to be read in conjunction with other terms and conditions on this website. The specific condition applicable to the circumstances will override a general if a condition is or conditions are inconsistent.

Australian Consumer Law

These Terms and Conditions are subject to the application of the Australian Consumer Law to the extent to which the ACL is applicable under the circumstances.

Ticketed Events

1. A ticket permits entry by one person.

2. If the event is cancelled due to unforeseen circumstances, a full refund will be issued to all ticket purchasers.

3. If you cannot attend you may transfer this ticket to another Old Boy. You must notify the Parramatta Marist Old Boys Union, (“Event Organiser”) of the transfer.

4. Due to venue requirement, if you cannot arrange a transfer you may cancel the ticket and obtain a full refund up until 14 days before the event. Notice must be given in writing by email or text message. Any refund later than 14 days before the event is at the complete discretion of the Event Organiser but a refund should not be expected.

5. Any data collected for marketing purposes from this event will be strictly in accordance with the Privacy Policy of the Event Organiser and the Privacy Act 1988.

6. All persons must comply with the rules of the venue and the directions of the venue staff and the Event Organiser;

7. The Event Organiser has all rights to film, photo and video production of this event.

Colours

The colours that you see depend on your computer display, so we cannot guarantee that your monitor will display the colours accurately.

Accuracy of Product Information

1. You agree and acknowledge that there may be technical or administrative errors in the information on this website, including but not limited to errors with respect to product description, pricing and availability.

2. We reserve the right to correct any errors without any notice, including after you have submitted an order or made a payment.

3. 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.

Availability

1. We reserve the right to limit quantities, including after you have submitted an order or made a payment.

2. Representations of goods 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 or service is available.

Title of Goods

1. The goods are our absolute property as legal and equitable until you have paid the full price.

2. Until we receive full payment you will hold the goods only as a bailee.

Delivery of Goods

1. You agree to take on the risk for the goods, such as loss damage, when the goods are collected or otherwise reach the delivery address.

2. After taking delivery of the goods, you agree to examine the goods and notify us if there is any defect in the goods within 5 days of the delivery date.

3. If we receive no notification from the customer within 5 days of the delivery date, you agree that the goods will be taken as delivered without defect.

Customs, Duties and Taxes

1. If you order goods from outside Australia, you agree to take responsibility for ensuring that the goods can be legally imported into the country of delivery.

2. You agree to pay any customs, duties or taxes with respect to the goods that we send to the address outside of Australia. These costs will be in addition to the purchase price that we quote on the Site.

Product Liability

1. Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your use of, or inability to use goods purchased from this Site, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.

2. With respect to goods purchased from this Site, certain rights and remedies may be available to you under The Australian Consumer Law and may not be permitted to be excluded, restricted or modified.

3. 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 implied warranty or condition that cannot be excluded is restricted to the purchase price of the relevant goods.

Termination of Contract

This Contract may be terminated in the following ways:

1. At any time you and we agree;;

2. By us without notice if:
   1. you (being an individual) is declared bankrupt or otherwise and insolvent under administration as defined by the Corporations Act (Cth) 2001; or
   2. any action is taken in relation to you which, if you are a corporation, reasonably indicates its insolvency (e.g. action is commenced for you to be wound up or placed in liquidation) or you will otherwise become subject to Chapter 5 of Corporations Act (Cth) 2001 or if you are a person then similar events occur which indicate insolvency.
   3. we may without notice terminate this Contract and all its obligations to you if you fail to comply with any of its obligations to us including, without limitation, your obligations to make any payment to us in cleared funds by the due date for payment.

3. From termination we cease to have any obligation to supply goods or services to you. Any obligation to indemnify us survives termination of the contract.

Notices

1. We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to notify us of any updated contact details as they change.

2. Email notice from us to you is effective notice under these Conditions

General

1. You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Conditions.

2. The relationship between us and you under any agreement arising from these Conditions does not form a joint venture or partnership.

3. No relationship clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

4. Any clause of these Conditions, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Conditions.

5. Any agreement arising from these Conditions is part of an ecommerce transaction and the parties agree that the agreement shall be accepted electronically and the agreement formed & validly entered into electronically in accordance with the Electronic Transactions Act 1999 (Cth).

6. The termination of any agreement arising from these Conditions does not affect the parties’ rights in respect of periods before the termination of this agreement.

Updating these Terms & Conditions

1. We may update these terms and condition by posting a new version on this website.

2. You should check this page occasionally to ensure you are familiar with any changes.

Contact Us

If you have any questions about this cookie policy or our treatment of your personal information, please write by email or by post to us using the details set out in the Contact Us form on the website.