WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to The Inspired Little Pot. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
1. Registered Users
1.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
1.3 On registration, we provide you with a password. On registration, you agree to pay for our services as set out on our website, if applicable.
1.4 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
1.5 Our services are intended to be used by registered users within Australia only.
2. Our Website Services
2.1 Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2.2 All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
3. Product Descriptions
3.1 We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3.2 Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
4. Product Orders
4.1 Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
(a) We supply and despatch our products to customers within Australia only.
(b) Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
4.2 We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
4.3 All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
4.4 Packaging and postage is free. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to an error in transmission or virus or malware.
4.5 We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
4.6 All risk of loss or damage to the goods passes to you when we despatch the goods.
5. Order Cancellation Due To Error
5.1 Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
6. Product Returns
6.1 We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to the return of such goods.
6.2 If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
7. Digital Downloads (eBooks)
(a) You will be deemed to have accepted these terms and conditions when you use any part of the eBooks.
(b) Our eBooks are delivered in a PDF format and are able to be viewed using a PDF Reader program, such as Adobe Reader.
(c) eBook titles purchased cannot be returned, printed, refunded, or exchanged.
(d) If you experience technical difficulty in downloading or accessing a title, please contact firstname.lastname@example.org for assistance.
(e) You are permitted to download the eBook but this licence is personal to you, non-exclusive and non-transferrable.
(f) Reproduction of the contents of the eBook is expressly prohibited.
(g) You may not use the eBook on more than one computer system concurrently, make or distribute unauthorised copies of the eBook, or use, copy, modify, or transfer the eBook, in whole or in part, unless you receive our express permission.
(h) If you transfer possession of the eBook to a third party, the licence is automatically terminated.
(a) You are granted the right to download the eBook.
(b) You agree to protect the eBook from unauthorised use, reproduction, or distribution.
(c) You further agree not to translate, decompile, or disassemble the eBook except to the extent permitted under applicable law.
(a) The entire contents of the eBook are protected by copyright. You may not remove, delete, transmit or create derivative works from any of the eBook content. No part of any section of any book may be transmitted in any form by any means or reproduced for any other purpose, without the prior written permission except as permitted in this licence agreement or under applicable law.
7.4 Limitation of Liability
(a) The Inspired Little Pot reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you. The Inspired Little Pot will not be liable to you or to any third party in such instances.
(b) In no event, and to the maximum extent permitted by law, shall The Inspired Little Pot or any of its employees or licensors, be liable for any loss of profits, revenue, sales, data, or for any other special, direct, indirect, or consequential damages arising out of use of the Service, whether arising under contract, tort, or negligence, even if The Inspired Little Pot or its licensors are advised of the possibility of such damages.
(c) Nothing contained in these User Terms shall restrict or limit your statutory rights as a consumer. Nothing contained in these eBooks User Terms limits The Inspired Little Pot’s liability to you for any liability which cannot be limited or restricted by law.
(a) The eBook is provided “as is”, without warranty of any kind, expressed or implied including without limitations, accuracy, omissions, completeness or implied warranties or suitability or fitness for a particular purpose or other incidental damages arising out of the use or the inability to use the eBook. You acknowledge that the use of this service is entirely at your own risk.
(b) We reserve the right to review and revise these eBooks User Terms from time to time without giving you prior notice and by using eBooks after any revision of our User Terms, you agree to be bound by the changes we’ve made.
8. Affiliate Program
(a) Please read the entire Affiliate Agreement and Terms and Conditions carefully before you join and begin marketing our Program. These terms and conditions are written in plain language intentionally to ensure that they may be clearly understood and followed by affiliates.
(b) Your participation in the Program is solely to legally advertise our products to receive a commission on products purchased by individuals referred to The Inspired Little Pot by your own website or personal referrals.
(c) Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. By providing reasonable prior notice to you, we may vary, change, delete or add to these Affiliate terms and conditions. We may give such notice by publishing the relevant information within the most current version of these terms and conditions.
(d) As used in these terms and conditions: (i) “We”, “us”, or “our” refers to The Inspired Little Pot (ABN 65985609322) and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the theinspiredlittlepot.com.au; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to The Inspired Little Pot Affiliate Program within Australia.
(e) The Agreement is an electronic contract that sets out the legally binding terms of your participation in The Inspired Little Pot’s affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
8.2 Enrolment and Approval Process
(a) We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
(a) Commissions will be paid once a month via the PayPal account details provided. You must have a PayPal account to receive commission payments. For an Affiliate to receive a commission, a referral purchase under your Affiliate account must have occurred in the previous month. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
(b) You cannot refer yourself, and you will not receive a commission on your own accounts.
(a) Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. The Inspired Little Pot reserves the right to require license agreements from those who employ trademarks of The Inspired Little Pot in order to protect our intellectual property rights.
- Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
- In addition to the foregoing, The Inspired Little Pot reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
(a) Upon acceptance into the Program, links will be made available to you through the affiliate back-office. You may use both graphic and text links on your website and within in your email messages. You may also advertise The Inspired Little Pot’s site in online and offline classified ads, magazines, and newspapers.
(b) You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the Affiliate Program Terms and Conditions.
(c) Your acceptance in our program means you agree to and abide by the following:
- You will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website and you must not use any of our trademarks other than as expressly provided for in these terms.
- You will not use any means to create the impression or confuse consumers that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.
(d) If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%.
8.6 Special Codes and Coupons
(a) The Inspired Little Pot may occasionally offer a special code or coupon to select affiliates and to our newsletter subscribers. If you are not assigned a branded coupon, or haven’t received prior approval, then you’re not permitted to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal, coupon or code:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorised deals to the specific affiliate.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to our Website).
- Users must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will lose their membership in the Affiliate Program.
8.7 Additional Guidelines
(a) Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited (i.e. www.theinspiredlittlepot.yoursite.com.au and other similar or deceptive terms).
(b) Pay-per-click (PPC) bidding is NOT allowed without prior written permission.
(c) You must have the recipient’s consent to receiving direct marketing communications from you, prior to sending any communication (with such consent obtained in accordance with the Spam Act 2003 and/or other relevant laws) and maintain adequate records to evidence such consent.
(d) You must abide by all relevant laws including the Competition and Consumer Act 2010, the Spam Act 2003, the Do Not Call Register Act 2006, and the Privacy Act 1988 with respect to communicating any representations made in respect of or in connection with our Program.
(e) Direct marketing communications (including any subject line itself) shall not contain any false or misleading representations or create a false or misleading impression, including with respect to any affiliation between you and the Program or you and The Inspired Little Pot; direct marketing communications must identify that the communication is being sent on your behalf and include your contact information and you must not imply that the email is being sent on behalf of The Inspired Little Pot.
(e) You are permitted to promote The Inspired Little Pot to your own lists; and to use your affiliate links on your own Facebook, Instagram, etc. pages.
(f) You are prohibited from posting your affiliate links on The Inspired Little Pot’s or any related entities’ Facebook, Instagram, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
(g) You must comply with the Australian Consumer Law and not make false or misleading representations regarding your commercial relationship with The Inspired Little Pot. You agree to abide by the Australian Association of National Advertisers (AANA) “Clearly Distinguishable Advertising – Best Practice Guideline” which can be accessed at http://aana.com.au/content/uploads/2017/03/AANA_Clearly-Distinguishable-Advertising-Best-Practice-Guideline.pdf to ensure that all advertising and marketing communication is clearly distinguishable to third parties.
8.8 Liability and Indemnification
(a) The Inspired Little Pot will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
(b) We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by The Inspired Little Pot. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
(c) Affiliate shall indemnify and hold harmless The Inspired Little Pot and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by The Inspired Little Pot to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
9. Site Access
9.1 When you visit our website, we give you a limited licence to access and use our information for personal use.
9.2 You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
9.3 Except as permitted under the CopyrightAct1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
9.4 The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
10.1 This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
10.2 You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
11. Intellectual Property Rights
11.1 The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
11.2 All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
12.1 Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
12.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
12.3 We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
13. Statutory Guarantees and Warranties to Consumers
13.1 Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act, we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(a) Schedule 2 of the C&C Act; and
(b) Those statutory guarantees, all of which are given by us to you if you are a consumer.
13.2 If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(a) We will repair or replace the goods or any part of them that is defective; or
(b) Provide again or rectify any services or part of them that are defective; or
(c) Wholly or partly recompense you if they are defective.
13.3 As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
(a) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(b) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
(c) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
14. Limitation of Liability
14.1 If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
(a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(b) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(c) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
(d) We do not participate in any way in the transactions between our users.
15.1 By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
16. Force Majeure
16.1 If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
17.1 These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
17.2 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
18.1 We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.