TERMS AND CONDITIONS

 

Please read these Terms and Conditions carefully before using the Site.

The following constitute an agreement between you and Gutsy Life Pty Ltd (ABN: 44 619 708 753 )  trading as Thriving Culture ("Thriving Culture", “we” or “us”), the operator of the Thriving Culture website https://www.thrivingculture.com.au/ (“the Site”), in relation to site use and purchase of goods via the Site.

The Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using the Site or by ordering any product from the Site, you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use the Site.

We may change these Terms and Conditions at any time, as we deem appropriate. If we make changes we will let you know by noting on the Site that the Terms and Conditions have been updated. If you disagree with the changes to these Terms and Conditions, discontinue your use of the Site. Your ongoing purchase of goods or services via the Site after the changes take effect signifies your agreement to the new Terms and Conditions. We encourage you to review the Terms and Conditions regularly, including before each purchase made via the Site.

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WEBSITE CONTENT

All products, product information, and content on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the product information, including colours, labels, pictures, etc. However, the actual appearance you see will depend on your computer system. The product images on the Site may not exactly reflect the product you receive as a result of revisions to the design and colour variations.

We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date.

We make no representation as to how complete, accurate, or current any information is on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.

We may make changes to the Site design, functionality and/or content at any time, and may provide links to other sites that are not maintained by Thriving Culture. We do not endorse those sites and are not responsible for the content of such sites.
 

USE OF THE SITE

The entire contents of the Site are copyrighted under Australian law. Materials, except for individual articles, from the Site may not be copied, distributed or transmitted in any way without prior written consent from us. The design of the Site and all of its content, text, graphics, information, and other material displayed thereon or that can be downloaded are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with prior written approval from us. You agree not to use the material on this Site for illegal purposes or for the transmission of material that is unlawful, harassing, defamatory, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local laws. If we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Termination of your user account for any reason, including but not limited to your violation of any of these Terms and Conditions, results in the immediate revocation of your license to use the Site, Website content and material, and obligates you to immediately destroy any copies of the Website content in your possession.

WEBSITE MODIFICATIONS

We reserve the right to modify or discontinue, temporarily or permanently, the Site as a whole and/or any or all of the Site features, products, prices of products, promotions, services or information appearing on, or available through, any or all of the Site with or without notice to you. You agree that Thriving Culture shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Site or the Site itself.

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INTELLECTUAL PROPERTY

We respect the intellectual property of others, and we ask our users to do the same. Thriving Culture abides by the Copyright law of Australia. In appropriate circumstances and at Thriving Culture's sole discretion, we may disable and/or terminate access to material residing on the Site that is claimed to be infringing.

If you believe that your work has been copied in the Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us at claire.gray@thrivingculture.com.au.

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ORDERING AND PAYMENT

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order, you authorise us to charge the credit card / debit card / paypal account you provided for your order. If the payment is declined at the time you place your order, your order will not be accepted and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled) we reserve the right to pursue any/all collection efforts allowed under the law.

 

REFUNDS

We will contact you within 48 hours if a product or service becomes unavailable after the order has been accepted. If this happens, we will suggest alternatives or remove the item from the order and give you a full refund for that item.

You must contact Thriving Culture by email regarding any exchange / refund / return of product or service prior to return and within 30 days of original dispatch date or starting date.

IMPORTANT: We take no responsibility for returned items that do not reach us. We suggest that you get postal insurance before sending the items.

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SHIPPING LIMITATIONS

When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

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DOMESTIC USE/EXPORT RESTRICTION

Thriving Culture controls the Site from our offices within Australia. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) is appropriate or available for use in other locations. Users who access the Site from outside Australia do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.

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LINKING TO THE SITE

Creating or maintaining any link from another website to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply with all applicable laws, rules, and regulations.

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THIRD PARTY LINKS

From time to time, the Site may contain links to websites that are not owned, operated or controlled by Thriving Culture or their respective affiliates. These links are for your convenience only and are not under our control. You acknowledge and agree that Thriving Culture are not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. If you decide to access any other websites linked to or from the Site, you do so entirely at your own risk.

Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and Thriving Culture shall have no liability or responsibility theretofore.

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PRIVACY

Details of our Privacy Policy can be found on the Site in a separate document titled Privacy Policy.

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INDEMNITY

You agree to indemnify and hold Thriving Culture and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

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DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.

THRIVING CULTURE AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY. THRIVING CULTURE AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE OR ANY SERVICES, PRODUCTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THRIVING CULTURE OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER THRIVING CULTUREE NOR ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE  ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY YOU THE EXTENT PROHIBITED BY LAW. REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIABILITY RESTRICTIONS

You agree that Thriving Culture and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the Site or any services, products or information obtained on or through the Site, Website interruption, suspension or termination, even if Thriving Culture or its affiliates have been advised of the possibility of such damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the Site; linking to any third party website from the Site; any unauthorised access to any information on the Site and/or submitted by you to or through the Site; cost of procurement of substitute goods and services; any goods or services purchased or obtained or messages received or transactions entered into through or from the Site; and/or loss of profits, use, data or other intangible losses.

You further agree that any material and/or information downloaded or otherwise obtained through the use of or from the Site is done at your own discretion and risk and that you will be solely responsible for your use or nonuse of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. Thriving Culture is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; service degradation (including "line-noise" interference). Under no circumstances will Thriving Culture or its suppliers be liable for any damages or injury that results from the use of the materials on the Site. In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site. In the event of any problem with the products or services that you have purchased on or through the Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the Site.

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ENFORCEMENT OF TERMS AND CONDITIONS

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New South Wales, Australia, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Any claim relating to the Site, our Terms and Conditions, and the relationship between you and Thriving Culture shall be governed by the laws of Australia and the State of New South Wales. You and Thriving Culture agree to submit to the personal and exclusive jurisdiction of the courts located within the geographic area encompassed within Australia for the State of New South Wales.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR OUR TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

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TERMINATION

You or we may suspend or terminate your account or your use of the Site at any time, without notice, for any reason or for no reason. You may terminate this agreement by destroying all materials obtained from the Site. You are personally liable for any orders placed or charges incurred through your account prior to termination.

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GENERAL

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and you do not have any authority of any kind to bind Thriving Culture in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Thriving Culture may transfer, assign or delegate the Terms and Conditions Use and its rights and obligations without consent. The Terms and Conditions are not assignable, transferable or sublicensable by you except with Thriving Culture's prior written consent.
 

ACCEPTANCE

Your use of the Site or by ordering any product from Thriving Culture, confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use the Site.

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CONTACT US

If you do not understand any of these Terms and Conditions or if you have any questions or comments, we invite you to contact us at claire.gray@thrivingculture.com.au.