Website terms and conditions or use
1. About the Website
(a) Welcome to https://shop.solidarity.net.au/ (‘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’).
(b) The Website is operated by ISO Publishing Inc (ACN 56147220746). Access to and use of the Website, or any of its associated Products or Services, is provided by ISO Publishing Inc. 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.
(c) ISO Publishing Inc reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ISO Publishing Inc 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
(a) 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.
3. Using the Purchase Services
(a) In order to access the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including-
(i) Email address
(ii) Mailing address
(iii) Telephone number
(b) You warrant that any information you give to ISO Publishing Inc in the course of completing the registration process will always be accurate, correct and up to date.
(c) You may not use the Purchase Services and may not accept the Terms if you are not of legal age to form a binding contract with ISO Publishing Inc.
(d) You may also choose to register an account to use the website.
4. Your obligations
(a) You have the sole responsibility for protecting the confidentiality of your password and/or email address. You agree to immediately notify ISO Publishing Inc of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(b) 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;
(c) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns policy
(a) 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’).
(c) Following payment of the Purchase Price being confirmed by ISO Publishing Inc, you will be issued with a receipt to confirm that the payment has been received and ISO Publishing Inc may record your purchase details for future use.
(d) ISO Publishing Inc may, at its sole discretion, provide a refund on the return of the Products within 14 days where the Product is unused and remains in a saleable condition. You acknowledge and agree that you are liable for postage and shipping costs associated with any refund pursuant to this clause.
(a) ISO Publishing Inc’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 and compensation for any other reasonably foreseeable loss or damage. 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’).
(b) You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 1 month from the date of purchase (the ‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to ISO Publishing Inc 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 ISO Publishing Inc at PO Box 375 Elizabeth St, Strawberry Hills, New South Wales, 2012 or by email at [email protected]
(d) Where the Warranty Claim is accepted then ISO Publishing Inc will 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.
(e) The Warranty shall be the sole and exclusive warranty granted by ISO Publishing Inc and shall be the sole and exclusive remedy available to you in addition to other rights under law in relation to the Products to which this warranty relates.
(a) You acknowledge that the Purchase Services offered by ISO Publishing Inc integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
(b) In providing the Purchase Services, ISO Publishing Inc may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that ISO Publishing Inc 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.
(c) In the event that an item lost or damaged in the course of the Delivery Services, ISO Publishing Inc asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(ii) 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.
9. General Disclaimer
(a) You acknowledge that ISO Publishing Inc does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) ISO Publishing Inc 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.
(c) 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) ISO Publishing Inc 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 supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) use of the Website, the Purchase Services, and any of the products of ISO Publishing Inc (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of ISO Publishing Inc, 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 ISO Publishing Inc (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 ISO Publishing Inc) 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
(i) 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;
(ii) 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);
(iii) costs incurred as a result of using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the user’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
(a) ISO Publishing Inc’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 under these Terms or where you have not paid the Purchase Price, then the total liability of ISO Publishing Inc is the resupply of information or Purchase Services to you.
(b) You acknowledge that ISO Publishing Inc does not provide the Delivery Services to you and you agree that ISO Publishing Inc 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 connection with the Delivery Services.
11. Venue and Jurisdiction
(a) The Purchase Services offered by ISO Publishing Inc 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.
12. Governing Law
(a) 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.
13. Independent Legal Advice
(a) 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 of bargaining power or general grounds of restraint of trade
(a) 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.U