WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to michellehearne.com (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’).
1.2. The Website is operated by Ley Family Trust . Access to and use of the
Website, or any of its associated Products or Services, is provided by Ley
Family Trust. Please read these terms and conditions (the ‘ Terms’) carefully.
By using, browsing and/or reading the Website, this 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, or any of Services,
immediately.
1.3. Ley Family Trust reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Ley Family Trust updates the
Terms, it will use reasonable endeavours to provide you with notice of updates
to the Terms. Any changes to the Terms take immediate effect from the date of
their publication. Before you continue, we recommend you keep a copy of the
Terms for your records.
2. 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
Ley Family Trust in the user interface.
3. Registration to use the Purchase Services
3.1. 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:
(a) Email address
(b) Mailing address
(c) Telephone number
(d) Name
3.2. You warrant that any information you give to Ley Family Trust in the course of
completing the registration process will always be accurate, correct and up to
date.
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘ Member’) and agree to be
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Ley Family
Trust; or
(b) 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.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) 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;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Ley Family
Trust of any unauthorised use of your password or email address or
any breach of security of which you have become aware;
(e) 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 Ley Family
Trust providing the Purchase Services;
(f) 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;
(g) 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 Ley Family Trust for any illegal or
unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or
its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. 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’).
5.2. Payment of the Purchase Price may be made through Paypal or Stripe (the ‘ Payment
Gateway Provider’)
In using the Purchase Services, 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.
5.3. Following payment of the Purchase Price being confirmed by Ley Family Trust,
you will be issued with a receipt to confirm that the payment has been received
and Ley Family Trust may record your purchase details for future use.
5.4. Ley Family Trust may, at their sole discretion, provide a refund on the return of
the Products within 14 days 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.
6. Warranty
6.1. Ley Family Trust’s 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. 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 (the ‘ Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
defects and workmanship in the Products within 3 months from the date of
purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Ley Family Trust 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 Ley Family Trust at PO Box 1257,
Armidale, New South Wales, 2350 or by email at [email protected].
6.4. Where the Warranty Claim is accepted then Ley Family Trust will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely
liable for any postage or shipping costs incurred in facilitating the Warranty
Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Ley Family
Trust and shall be the sole and exclusive remedy available to you in addition to
other rights and under a law in relation to the Products to which this warranty
relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does 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.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by Ley Family Trust
integrate delivery (the ‘ Delivery Services’) through the use of third party
delivery companies (the ‘ Delivery Service Providers’).
7.2. In providing the Purchase Services, Ley Family Trust 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
Ley Family Trust 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.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, Ley Family Trust
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to [email protected] 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.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Ley
Family Trust are subject to copyright. The material on the Website is protected
by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the site content
and compilation of the website (including text, graphics, logos, button icons,
video images, audio clips and software) (the ‘ Content’) are owned or
controlled for these purposes, and are reserved by Ley Family Trust or its
contributors.
8.2. Ley Family Trust retains all rights, title and interest in and to the Website and
all related content. Nothing you do on or in relation to the Website will transfer
to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Ley Family Trust; or
(b) the right to use or exploit a business name, trading name, domain
name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or
process).
8.3. You may not, without the prior written permission of Ley Family Trust and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Content or third party contact for any purpose. This prohibition
does not extend to materials on the Website, which are freely available for re-
use or are in the public domain.
9. Privacy
Ley Family Trust takes your privacy seriously and any information provided through your
use of the Application and/or the Purchase Services are subject to Ley Family Trust’s
Privacy Policy, which is available on the Application.
10. General Disclaimer
10.1. You acknowledge that Ley Family Trust does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
10.2. Ley Family Trust 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.
10.3. 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.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in these Terms are excluded; and
(b) Ley Family Trust we 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.
10.5. Use of the Website, the Purchase Services, and any of the products of Ley
Family Trust (including the Delivery Services), is at your own risk. Everything
on Website, the Purchase Services, and the Products of Ley Family Trust, 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 of Ley Family
Trust (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 Services (including the products or
Purchase Services of Ley Family Trust) 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:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Website,
the Purchase Service, or any of its Content related products (including
third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase
Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User’s convenience;
(e) any failure to complete a transaction, or any loss arising from ecommerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third
parties or publication of any materials relating to or constituting such
conduct.
10.6 This site may use affiliate links to sell certain products or services.
We dislaim any and all liability as a result of your purchase through one of
these links. We will use reasonable efforts to notify you when and where we
have placed affiliate links in additiona to this disclaimer located in these
Terms & Conditions. You accept express liability for any and all consequences
or benefits of clicking the affiliate links contained on this website or related
communications.
11. Limitation of Liability
11.1. Ley Family Trust’s total liability arising out of or in connection with the Purchase
Services 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, then the total liability of Ley Family Trust is the resupply
of information or Purchase Services to you.
11.2. You expressly understand and agree that Ley Family Trust, its affiliates,
employees, agents, contributors, third party content providers and licensors
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.
11.3. Ley Family Trust is 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 Services, whether posted or caused by users of
the website of Ley Family Trust, by third parties or by any of the Purchase
Services offered by Ley Family Trust.
11.4. You acknowledge that Ley Family Trust does not provide the Delivery Services
to you and you agree that Ley Family Trust will not be liable to you for any
special, indirect or consequential loss or damage, loss of profit or opportunity,
or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Ley Family
Trust as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Ley Family Trust via the ‘Contact Us’
link on our homepage.
(a) notifying Ley Family Trust at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Ley Family Trust has made this option available to you.
12.3. Ley Family Trust may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Ley Family Trust is required to do so by law;
(c) the partner with whom Ley Family Trust offered the Purchase Services
to you has terminated its relationship with Ley Family Trust or ceased to
offer the Purchase Services to you;
(d) Ley Family Trust 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
(e) the provision of the Purchase Services to you by Ley Family Trust is, in
the opinion of Ley Family Trust, no longer commercially viable.
12.4. Subject to local applicable laws, Ley Family Trust 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 Ley Family Trust’s
name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Ley Family Trust 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.
13. Indemnity
13.1. You agree to indemnify Ley Family Trust, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred,
suffered or arising out of or in connection with any Content you post
through the Website;
(b) any direct or indirect consequences of you accessing, using or
transacting on the Website or attempts to do so and any breach by you
or your agents of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
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).
14.2. 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.
14.3. Resolution:
On receipt of that notice (‘ Notice’) by that other party, the parties to the Terms
(‘ Parties’) must:
(a) 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;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or
his or her nominee;
(c) 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;
(d) The mediation will be held in NSW, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 1 month 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.
15. Venue and Jurisdiction
The Purchase Services offered by Ley Family Trust 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.
16. 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.
17. Independent Legal Advice.
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
18. 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.
