Terms & Conditions
1. Key Concepts
- The Ezybandz site at www.ezybandz.com (“Site”) is a shopping website and provides subscription services where you can browse, select and order products advertised on the Site. The site, and the content on it, is owned by Ezybandz Pty Ltd (ABN 15 631 428 496) (“Ezybandz”, “us” or “we”).
- Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
- Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Compliance with the Terms & Conditions
- You agree to be bound by, and comply with, these terms and conditions:
- by completing your registration through the Site; and
- using the Site to obtain Products from us.
3. Registration & Subscriptions
These terms and conditions (”terms”) set out the terms on which Ezybandz supplies products to a subscriber. (”you/your”) Please read these terms carefully before placing an order. By placing an order with us, you agree to be bound by these terms. If you have any queries, please contact Ezybandz during Contact Hours. From time to time, we may revise and amend these terms. Each set of amended terms will be posted on our website, and we recommend that you check the website regularly for changes. A copy is also available on request at any time. You shall review these terms at the time of each purchase and print a copy for future reference. You agree that by making a purchase following an update to these terms, you shall be bound by the new terms.
- We reserve the right to withdraw or change your subscription and/or price of a product at any time.
- Ordering process
- Our subscriptions products are available online on our website.
- Once you have placed an order, we will send acknowledgement that we have received the order. This does not mean we have accepted the order. All orders are subject to acceptance by us and this acceptance will only take place when we send confirmation setting out details of the subscription the price and other information (the ”Confirmation”). The contract between us will be formed when we send the Confirmation
- We reserve the right in our sole discretion to not accept any order.
- Once you have received the Confirmation, the subscription will continue for the specified length of the subscription unless and until it is ended in accordance with these terms.
- If you choose to pay by invoice, the invoice will become due for payment after 28 days from the date on the invoice. We reserve the right to suspend the subscription if payment is not received after 28 days, until we are in receipt of cleared funds. You will remain liable for the full amount on the invoice. By choosing to pay by invoice, you acknowledge and accept that we will be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.
- Orders made by credit/debit card are subject to validation checks and authorisation by payment card issuer. We reserve the right to suspend the subscription until payment is received by us in full.
- By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such card.
- If you select to pay by Direct Debit, this will be set up with your nominated bank. The Direct Debit Guarantee is offered by all banks that accept instructions to pay Direct Debits. Please ask the applicable bank for further details.
- Cancellations and refunds
- You can cancel your subscription at any time provided that you notify us at the contact details set out at the end of this section and you receive confirmation that we have received your request. You shall be entitled to a refund in part for any un-delivered part of the subscription.
- Please allow 30 days for a refund to be processed.
- If you want to change your subscription package you can do this at any point during your subscription by contacting Ezybandz during Contact Hours. We will provide you with the applicable updated price and product information.
- We reserve the right to terminate your account (including your username and password) and cancel your subscription if, in our reasonable opinion, you are in breach of any of these terms. If your account is terminated in accordance with this section, we shall be under no obligation to provide a refund to you of any un-delivered part of the subscription.
- If your account is terminated or your subscription is cancelled in accordance with this section, we will cease access to the digital editions and all back issues.
- We do not accept responsibility for any loss or damage which occurs once the products have been accessed via our website.
- We reserve the full editorial control over our products (online and print) and reserve the right to make changes to our corporate products at any time including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements, and the look, feel and functionality of our corporate products.
- Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to our corporate products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that our corporate products are suitable for Company’s purposes.
- Our liability for losses that Company suffers as a result of us breaching these terms is strictly limited to the payments made by Company for the applicable corporate product.
4. Placing an order for Products
- You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
- Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
- Ezybandz has the right to amend your order if you do not provide adequate confirmation and/or such details.
- You agree to provide us with current, complete and accurate details when asked to do so.
5. Acceptance or rejection of an order
- We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
- Each order placed for Products through the Site that Ezybandz accepts results in a separate binding agreement between you and Ezybandz for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
6. Minimum and maximum amounts in each order
- Unless otherwise indicated on the Site we reserve the right to limit the purchase of Products.
- You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we will contact you when you place the order or within a reasonable time after you submit your order.
- There are limits to the quantity you may purchase for particular products, and we reserve the right to limit such quantities for each sale.
7. Delivery of Products
- We will only deliver Products ordered through the Site to a location where we provide delivery services.
- We will aim to deliver within the timeframe specified. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of such delay as soon as reasonably possible.
- We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.
- You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site:
- You must be present to accept the delivery of your order and at our request, provide us with photographic identification.
- We will require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.
- If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order then we will not deliver the Products you have ordered and an “unattended card” may be left. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that delivery.
- Other than as required under clause 7.4(a) you acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order and, where relevant, make payment for that order.
- Delivery will be deemed to have occurred when the Products have been signed for.
- Orders can only be delivered to an Australian postal address.
8. Risk and title
- Risk in the Products passes to you on the time and date the Product is despatched from Our premises. Title to the Products passes to you on the later of the date and time of:
- payment for those Products; and
- delivery of those products to the Delivery Address.
9. Cancelling an order
- We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- the requested Products in that order are not available; or
- there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
- that order has been placed in breach of these terms and conditions.If we do so, then we will endeavour to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
- You may cancel an order by contacting your Ezybandz prior to the order being dispatched or picked up.
10. Fees and charges
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each Product that is ordered;
- the delivery fee provided to you at the time of checking out (“Delivery Fee”); and
- any other fees and charges set out in these terms and conditions.
- All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
- The purchase price of each Product is shown on the product list on the Site at the time you place your order.
- Prices for Products change from time to time, and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order until it has been accepted and confirmed by Ezybandz.
- a Product that you have ordered is not available and we have not provided you with a substitute; or
- you cancel an order under clause 9.2,
- then we will:
- provide you with a refund back within 30 business days to your card of purchase to the value of the Products that were not supplied to you.
- All payments made by You must be without deduction, set-off or counterclaim.
11. Payment methods
- You must pay the fees and charges online using the online payment method in clauses 11.2
- We accept payment through Visa or MasterCard only.
- If we are unable to successfully process your payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
- You authorise us to debit the amount that is payable for an accepted order to pay for the fees and charges.
- You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
- We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
12. Missing items in delivery
- If there are missing items from your delivery, you should contact Ezybandz during Contact Hours within 24 hours of the delivery time, (excluding weekends and public holidays) and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, then we will (at your option): (i) provide you with a credit within 3-5 business days for the Products that were charged but not delivered to you; or (ii) arrange for a re-delivery of the missing item at an agreed time; or (iii) arrange for you to pick up the missing item in store at an agreed time.
- If you wish to return a Product that was provided to you under these terms and conditions, then you should contact Ezybandz during Contact Hours by telephone or in person within 24 hours of the delivery time, (excluding weekends and public holidays) to make arrangements to return that Product. In this instance, you may return the Product to Ezybandz in person or via post at your own cost. Once the good/s have been received we will refund you with the funds being available within 3-5 business days.
14. Your general obligations
- must ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
- must notify Ezybandz during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password, or any other security breach relating to your Login;
- must promptly advise us of any changes to your information provided to us as part of the customer registration process;
- are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
- agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
- should check the labels on the products before use. We aim to include up to date pictures of products and accurate product information. Nevertheless, we recommend that before using any Product you read the label on the product and, should you have any concerns, contact Ezybandz.
15. General restrictions
You must not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- create accounts by automated means or under false or fraudulent pretences;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site other than in accordance with these terms and conditions; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
16. Suspension of Membership
- We may:
- lock, suspend or delete your account or access to the Site at any time without prior notice to you; or
- cease providing the Site or any other product or service that may be available through the Site at any time.
You warrant that:
- all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- the person receiving the Products at the Delivery Address is authorised by you to do so; and
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
- Subject to clause 18.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
- Subject to clause 18.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
- Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
- in the case of services: the resupply of the services; or the payment of the cost of resupply; and
- in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
- Subject to clause 18.3, notwithstanding anything else in this agreement, Our total liability to You arising under or in connection with this agreement, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, will be limited to $100.
- We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
- the breach cannot be remedied; or
- you fail to the remedy the breach within 10 days of our notice to you of that breach; or
- if there is an emergency.
- You may stop using the Site at any time and for any reason.
- We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
21. Intellectual property rights
- acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
- must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
- You may:
- store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
- print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
22. Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. If you have an order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you place your order.
- The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
- we make no representations or warranties, or have any responsibility or liability for those websites; and
- these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.You agree that you access and use the products and services made available at those sites solely at your own risk.
- The information on the Site is provided for information purposes only and is not a substitute for professional medical advice or diagnosis which you should always seek before you make any decision regarding your health. If you have or suspect a medical problem, it is your responsibility to contact a qualified medical professional before taking any action or refraining from any particular action. Information and statements on this Site are not intended to diagnose, treat or cure any disease or health matters but are intended for information purposes only. You agree to access information at your own risk and we are not liable to You for the content of the information or any reliance by you on that information.
- If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- This agreement is governed by the laws of the jurisdiction in which Ezybandz operates. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means Customer Service operating hours.
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
LoginID means the email address that you provided to us as part of the registration process to use the Site.
Product means each good or service that is advertised on the Site.