WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
1.1. Welcome to projectclaude.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 Project Claude (ABN 82 612 486 396) . Access to and use of the Website, or any of its associated Products or Services, is provided by Project Claude. 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 services, immediately.1.3. Project Claude reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Project Claude 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.
- 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 project Claude in the user interface.
- 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) Preferred username(c) Mailing address3.2. You warrant that any information you give to Project Claude in the course of completing the registration process will always be accurate, correct and up todate.3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As aMember, you will be granted immediate access to the Purchase Services.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 Project Claude; 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.
- 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 ProjectClaude 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 Project Claudeproviding 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 Membersby electronic or other means for the purpose of sending unsolicited emailor unauthorised framing of or linking to the Website;(g) you agree that commercial advertisements, affiliate links, and other formsof solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action willbe taken by Project Claude 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.
5.2. Payment of the Purchase Price may be made through STRIPE/PAYPAL (the’Payment Gateway Provider’)In using the Purchase Services, you warrant that you have familiarised yourselfwith, and agree to be bound by, the applicable Terms and Conditions of Use,Privacy Policy and other relevant legal documentation provided by the PaymentGateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Project Claude,you will be issued with a receipt to confirm that the payment has been receivedand Project Claude may record your purchase details for future use.
5.4. Project Claude may, at their sole discretion, provide a refund on the return ofthe Products within 14 days where the Product packaging is unopened andremains in a saleable condition. You acknowledge and agree that you are liablefor any postage and shipping costs associated with any refund pursuant to thisclause.
6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for materialdefects and workmanship in the Products within 6 weeks from the date ofpurchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Project Claude showing the date of purchase of the products, the price paid as well as a detailed description and photographic evidence to support the claim. by sending written notice to Project Claude at 112A SOMERVILLEROAD, YARRAVILLE, Victoria, 3013 or by email at service@projectclaude.com.
6.4. Where the Warranty Claim is accepted then Project Claude will, at its sole discretion, either repair or replace any defective Products or part thereof with anew 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 WarrantyClaim.
6.5. The Warranty shall be the sole and exclusive warranty granted by ProjectClaude 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 foruse are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products norto 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.
- Copyright and Intellectual Property
7.1. The Website, the Purchase Services and all of the related products of ProjectClaude are subject to copyright. The material on the Website is protected bycopyright under the laws of Australia and through international treaties. Unlessotherwise indicated, all rights (including copyright) in the site content andcompilation of the Website (including text, graphics, logos, button icons, videoimages, audio clips and software) (the ‘Content’) are owned or controlled forthese purposes, and are reserved by Project Claude or its contributors.7.2. Project Claude retains all rights, title and interest in and to the Website and allrelated Content. Nothing you do on or in relation to the Website will transfer toyou:(a) the business name, trading name, domain name, trade mark, industrialdesign, patent, registered design or copyright of Project Claude; 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 orcopyright (or an adaptation or modification of such a system or process).7.3. You may not, without the prior written permission of Project Claude and thepermission of any other relevant rights owners: broadcast, republish, up-load toa third party, transmit, post, distribute, show or play in public, adapt or changein any way the Content or third party content for any purpose. This prohibitiondoes not extend to materials on the Website, which are freely available for reuseor are in the public domain.
- Privacy
Project Claude takes your privacy seriously and any information provided through youruse of the Application and/or the Purchase Services are subject to Project Claude’sPrivacy Policy, which is available on the Application.
- General Disclaimer
9.1. You acknowledge that Project Claude does not make any terms, guarantees,warranties, representations or conditions whatsoever regarding the Productsother than provided for pursuant to these Terms.9.2. Project Claude will make every effort to ensure a Product is accurately depictedon the Website, however, you acknowledge that sizes, colours and packagingmay differ from what is displayed on the Website.9.3. Nothing in these Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including theAustralian Consumer Law (or any liability under them) which by law may not belimited or excluded.9.4. Subject to this clause, and to the extent permitted by law:(a) all terms, guarantees, warranties, representations or conditions which arenot expressly stated in these Terms are excluded; and(b) Project Claude will not be liable for any special, indirect or consequentialloss or damage (unless such loss or damage is reasonably foreseeableresulting from our failure to meet an applicable Consumer Guarantee),loss of profit or opportunity, or damage to goodwill arising out of or inconnection with the Purchase Services or these Terms (including as aresult of not being able to use the Purchase Services or the late supply ofthe Purchase Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statute or otherwise.9.5. Use of the Website, the Purchase Services, and any of the products of ProjectClaude is at your own risk. Everything on the Website, the Purchase Services,and the Products of Project Claude, are provided to you on an “as is” and “asavailable” basis, without warranty or condition of any kind. None of theaffiliates, directors, officers, employees, agents, contributors, third partycontent providers or licensors of Project Claude make any express or impliedrepresentation or warranty about its Content or any products or PurchaseServices (including the products or Purchase Services of Project Claude)referred to on the Website. This includes (but is not restricted to) loss ordamage 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, computervirus or other harmful component, loss of data, communication line failure,unlawful third party conduct, or theft, destruction, alteration orunauthorised access to records;(b) the accuracy, suitability or currency of any information on the Website, thePurchase Service, or any of its Content related products (including thirdparty material and advertisements on the Website);(c) costs incurred as a result of you using the Website, the Purchase Servicesor any of the Products;(d) the Content or operation in respect to links which are provided for theUser’s convenience;(e) any failure to complete a transaction, or any loss arising from e-commercetransacted on the Website; or(f) any defamatory, threatening, offensive or unlawful conduct of third partiesor publication of any materials relating to or constituting such conduct.
- Limitation of Liability
10.1. Project Claude’s total liability arising out of or in connection with the PurchaseServices or these Terms, however arising, including under contract, tort(including negligence), in equity, under statute or otherwise, will not exceed themost recent Purchase Price paid by you under these Terms or where you havenot paid the Purchase Price, then the total liability of Project Claude is theresupply of information or Purchase Services to you.10.2. You expressly understand and agree that Project Claude, its affiliates,employees, agents, contributors, third party content providers and licensorsshall not be liable to you for any direct, indirect, incidental, specialconsequential or exemplary damages which may be incurred by you, howevercaused 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 orbusiness reputation and any other intangible loss.10.3. Project Claude is not responsible or liable in any manner for any site content(including the Content and Third Party Content) posted on the Website or inconnection with the Purchase Services, whether posted or caused by users ofthe Website of Project Claude, by third parties or by any of the PurchaseServices offered by Project Claude.
- Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by ProjectClaude as set out below.11.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Project Claude via the ‘Contact Us’ link on our homepage.(a) notifying Project Claude at any time; and(b) closing your accounts for all of the Purchase Services which you use,where Project Claude has made this option available to you.z11.3. Project Claude 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) Project Claude is required to do so by law;(c) the partner with whom Project Claude offered the Purchase Services toyou has terminated its relationship with Project Claude or ceased to offer the Purchase Services to you;(d) Project Claude is transitioning to no longer providing the PurchaseServices 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 Project Claude is, in the opinion of Project Claude, no longer commercially viable.11.4. Subject to local applicable laws, Project Claude 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 Project Claude’sname or reputation or violates the rights of those of another party.11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Project Claude 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.
- Indemnity
12.1. You agree to indemnify Project Claude, 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.
- Dispute Resolution
13.1. 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).13.2. 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.13.3. 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 the such other means upon which the ymay 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 asa 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 Melbourne, Australia.13.4. confidential 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.13.5. Termination of Mediation: If 2 weeks 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.
- Venue and Jurisdiction
The Purchase Services offered by Project Claude 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 Victoria, Australia.
- Governing Law
The Terms are governed by the laws of Victoria, 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 Victoria, 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.
- 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.
- 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.
