Online Shop Terms & Conditions
These Terms governs your use of the NNAW platform, accessible at nnaw.com.au (Website) and any goods or services made available through the Website. By using the Website, you agree to be bound by these Terms which forms a binding contractual agreement between you, the Customer, and us, NNAW ABN 30 902 704 136 (NNAW, we or us).
In this Agreement the following definitions apply:
Your account on the Website.
The Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
A day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business throughout Australia.
Any person who lists Products for sale on the Website.
A person who places a Customer Order for the Products through the Website, and includes you.
An order for a Product placed by you through the Website.
The Product Price and delivery fees (if applicable) and any other amounts paid by you for a Customer Order.
Intellectual Property Rights
All intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration.
Any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
A Product which is manufactured or completed following the date that a Customer Order is placed and where this is specifically noted as such on the Product Listing.
Any policies on the Website or otherwise provided by NNAW to you from time to time.
Any information, materials or other content posted by you on the Website, including without limitation any information in respect of a Creator and any Product Listings and terms of sale.
A Product listing on the Website.
The amount payable for each Product, as stated on the Product Listing.
The products made available for purchase by Creators on the Website.
The shipping terms set out on a Product Listing.
These Online Shop Terms and Conditions.
Any User of the Website, including Customers and Creators.
In respect of any Customer Order, the 14-day period (or such other period specified on the Product Listing) commencing on the date thatCustomer Order is placed (unless extended by us in our discretion).
You, being the person accessing this Website.
(a) NNAW provides a Website that facilitates the introduction of Customers and Creators. NNAW simply acts as a directory of Creators. In the event that you submit a Customer Order, that will constitute your entry into a contract with the Creator under which you agree to purchase the relevant Product from the Creator. Whilst NNAW is a facilitator of the relationship between Creators and Customers, NNAW does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Creators in relation to the sale of Products or otherwise resulting from the introduction.
(b) If you have a dispute with a Creator, you must resolve the dispute directly with the Creator. NNAW is not a party to any dispute in any way, however may in its discretion provide the parties with a dispute resolution process or support.
(c) You acknowledge and agree that:
(i) any terms and conditions relating to Products provided via the Website are solely between you and the Creator;
(ii) the Website provides links and introductions between third party Creators and Customers that are not under the control of NNAW;
(iii) the provision by NNAW of introductions between Creators and Customers through the Website does not imply any endorsement or recommendation by NNAW of any Creator;
(iiii) whilst NNAW uses its best endeavours to ensure that all Creators listed on the Website are registered businesses in Australia, NNAW do not constantly examine, determine or warrant the competence, solvency or information of any Creator who uses or is listed on the Website. In the event that you wish to purchase a Product from a Creator, you are solely responsible for making your own enquiries in respect of their ability to fulfil their obligations and their compliance with Australian laws; and
(v) Creators located in countries other than Australia may also be listed on the Website, and NNAW makes no investigations or enquiries to ensure that such Creators are qualified or authorised under any applicable laws to sell the Products. You buy from such Creators and rely on Posted Material and Product Listings at your own risk and we recommend that you make all relevant enquiries prior to engaging a Creator.
(a) (Payment obligations) For each Customer Order you place, you must pay the Product Price together with all other amounts payable (such as shipping), using the payment method specified by NNAW at the time that you place the Customer Order. The Fees paid by through the Website are received and held by NNAW on behalf of the Creator, and as such you are deemed to have made payment to the Creator and not to NNAW.
(b) (Card surcharges) NNAW reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(d) (Withholding Period) During the Withholding Period, NNAW will hold the Fees paid by you on the Creator’s behalf. Following the Withholding period we will release the Fees to the Creator (unless they have been refunded to you in accordance with this Agreement). If you notify us of issues with a Customer Order within the Withholding Period, we may extend the Withholding Period in our discretion on giving you written notice however we are not obliged to extend the Withholding Period.
Creators will use reasonable endeavours to ship any Products that you order under a Customer Order within the timeframe and in accordance with the Shipping Terms specified on the relevant Product Listing. In the event that they fail to do so within 14 days of the date that the Products were supposed to be shipped, then please contact NNAW and we can arrange to refund the Fees paid by you. If you contact us outside of the Withholding Period, you must contact the Creator directly in order to obtain a refund and we will have no liability or obligation to you.
5. RETURNS, EXCHANGES & REFUNDS
(a) Once you have placed a Customer Order, you may not cancel it unless the Product Listing states that you may cancel it, in which case you may only cancel it in accordance with the terms stated on the Product Listing.
(b) Unless otherwise stated on a Product Listing, you may not return a Product for an exchange or refund due to a change of mind. If the Product Listing states that you may do so, then you may only return the Product in accordance with the terms stated on the Product Listing.
(c) In the event that the Product you receive is faulty, then:
(i) if you are within the Withholding Period:
A. please notify us and provide us with information and evidence of the fault, including photographs if requested;
B. if we agree (on behalf of the Creator), acting reasonably, that the Product is faulty due to no fault or misuse of you or any third party (except for a Creator) then on behalf of the Creator we will direct you to return the Product to the Creator; and
C. upon receipt by us of confirmation from the Creator that they have received the faulty Product, we will refund the Fees to you; and
D. if we do not agree that the Product is faulty we will let you know why that is the case. If you disagree, you must contact the Creator directly and any rights you have to a refund or exchange are as against the Creator and not NNAW; and
(ii) if you are outside of the Withholding Period then you must contact the Creator directly and any rights you have to a refund or exchange are as against the Creator and not NNAW.
(d) In the event that you return a Product in accordance with this clause to a Creator, you are solely responsible for ensuring that the Product is delivered to the Creator and neither NNAW nor a Creator accept any responsibility for any lost Products. NNAW recommends you obtain a tracking number and insurance for all deliveries.
6. RATINGS AND REVIEWS
(a) Customers may rate and review Products on the Website (Review).
(b) Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Product Listing is removed or terminated.
(c) When posting a Review, you agree that the Review will:
(i) be free from any harmful, discriminatory, defamatory or maliciously false
(ii) be true, fair and accurate;
(iii) implications and does not contain any offensive or explicit material;
(iiii) not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world; and
(v) not breach or infringe any applicable laws.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You must not publish Reviews for Creators to which you have personal or professional relations.
(g) You may only write a Review about a Creator if you have:
(i) purchased a Product from that Creator; or
(ii) placed an order with that Creator;
(collectively referred to as a Service Experience).
(h) You must only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You must not write a review about a Creator you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Creator, or work for the Creator. Similarly, you must not write a Review about a direct competitor to the Creator you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Website.
(l) You grant to NNAW a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Review in order for NNAW to use, exploit or otherwise enjoy the benefit of such Review.
(m) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Review, you forever release NNAW from any and all claims that you could assert against NNAW by virtue of any such moral rights.
(n) You indemnify NNAW against all damages, losses, costs and expenses incurred by NNAW arising out of any third party claim that your Review infringes any third party's Intellectual Property Rights.
7. SERVICE LIMITATIONS
The Website is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that NNAW cannot and does not represent, warrant or guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
The Website may contain text, images, data and other content provided by a third party, such as a Creator, and displayed on the Website, including without limitation Product Listings (Third Party Content). NNAW accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
(a) You acknowledge and agree that your use of this Website (including any arrangement or communication entered into with a Creator) is at your own risk. We provide the Website on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Product Listings) for any purpose, to the maximum extent permitted by applicable law, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.
(b) You acknowledge and agree that:
(i) NNAW does not take any steps to confirm the identity of Creators. NNAW cannot and does not confirm nor warrant or guarantee each Creator’s purported identity, licences or location. We encourage you to use the Website to conduct your own enquiries to vet other Creators to your satisfaction;
(ii) Creators are a third party unrelated to us. We are not a party to any agreement arising or entered into between Creators and Customers, and Creators are solely responsible for the supply of Products on the terms and conditions as set out in a Product Listing and as may be otherwise agreed between the Creators and Customers. Your legal rights in connection with the supply of the Products are against the relevant Creator and not us;
(iii) we do not supply, provide, manage or control the Creators on the Website or their Product Listings and are not responsible for their advertising (including Posted Materials), preparation, supply, delivery or otherwise. If you have any enquiries about Product Listings you must contact the relevant Creator. We take no responsibility for the quality or otherwise of Product Listings. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
A. any Product Listings (including without limitation that such Product Listings will be suitable for your requirements);
B. any information provided by Creators to you;
C. the ability of Creators to undertake their obligations; and
D. because of the foregoing, in the event that you have a dispute with one or more Creators, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes;
(iiii) you are solely responsible for making decisions in respect of Product Listings and Creators;
(v) no information provided by us constitutes legal or financial advice, particularly in respect of your obligations to comply with any applicable laws;
(vi) we do not promise that the Website or any Posted Material will be error-free or uninterrupted, or that your use of the Website will provide any specific results; and
(vii) we do not represent or warrant that your use of the Website will meet your particular requirements, whether those requirements are disclosed to us or not.
(c) This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms or your use of this Website.
10. EXCLUSION AND LIMITATION OF LIABILITY
(a) Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Website that are not expressly set out in these Terms to the maximum extent permitted by law.
(b) Without limitation to clause (a), we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
(i) your use or inability to use this Website in any way;
(ii) your reliance on the Website in any way;
(iii) Product Listings, Products or Customer Orders;
(iiii) any Posted Material you review; or
(v) any action taken on your Account.
(c) You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Website or these Terms.
(d) Subject to the other terms of this clause, our maximum aggregate liability to you in any for any Loss or damage or injury arising out of or in connection with the Website or these Terms, including any breach by us of these Terms, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to at our option the resupply of our services (being the Website) or the payment of the cost of resupply.
(e) We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms.
(f) Further, you acknowledge and agree that the Website may include reviews and opinions which are not written by NNAW and to the maximum extent permitted by law, NNAW excludes all liability for the accuracy, defamatory nature, completeness or otherwise of such reviews and opinions.
(g) Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
(h) If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the services or the payment of the cost of resupply.
(i) This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms or your use of the Website.
(j) This limitation of liability and indemnity applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Website.
You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of:
(a) your use or inability to use this Website in any way;
(b) your Customer Order or any Products you purchase;
(c) any Loss or claim made against us by you or a third party:
(i) for actual or alleged infringement of a third party's intellectual property rights arising out of the supply or use of the Website, or any Customer Order; and
(ii) for death, personal injury, illness or damage to property resulting from a Product you have purchased;
(d) any breach of any of these Terms by you;
(e) any Review you provide; or
(f) any action taken on your Account.
A notice or other communication to a party under these Terms must be:
(a) in writing and in English; and
(b) delivered via email to the other party, and in the case of the Customer – to their email address associated with their Account, and in the case of NNAW – to any email address or contact form specified on the Website.
(c) Notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
13.1 GOVERNING LAW AND JURISDICTION
These Terms are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
13.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.
13.7 ENTIRE AGREEMENT
These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.