Website Terms & Conditions

Modified on Sun, 13 Sep 2020 at 08:46 PM

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 of

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

3.2. 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 to

date.

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 a

Member 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;

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 Project

Claude 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 Claude

providing 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 Members

by electronic or other means for the purpose of sending unsolicited email

or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be 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.

Purchase of Products and Returns Policy

5.1. 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’).

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 yourself

with, and agree to be bound by, the applicable Terms and Conditions of Use,

Gateway 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 received

and 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 of

the Products within 14 days where the Product packaging is unopened and

remains in a saleable condition. You acknowledge and agree that you are liable

for any postage and shipping costs associated with any refund pursuant to this

clause.

Warranty

6.1. Project Claude’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. 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’).

6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material

defects and workmanship in the Products within 6 weeks from the date of

purchase (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, provide a description of the Products and the price paid for the

Products by sending written notice to Project Claude at 112A SOMERVILLE

ROAD, 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 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.

6.5. The Warranty shall be the sole and exclusive warranty granted by Project

Claude 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 for

use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor

to 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 Project

Claude are subject to copyright. The material on the Website is protected by

otherwise indicated, all rights (including copyright) in the site content and

compilation of the website (including text, graphics, logos, button icons, video

images, audio clips and software) (the ‘Content’) are owned or controlled for

these 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 all

related content. Nothing you do on or in relation to the Website will transfer to

you:

(a) the business name, trading name, domain name, trade mark, industrial

design, 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

7.3. You may not, without the prior written permission of Project Claude and the

permission of any other relevant rights owners: broadcast, republish, up-load to

a third party, transmit, post, distribute, show or play in public, adapt or change

in any way the Content or third party content for any purpose. This prohibition

does not extend to materials on the Website, which are freely available for reuse

or are in the public domain.

Privacy

Project Claude takes your privacy seriously and any information provided through your

use of the Application and/or the Purchase Services are subject to Project Claude’s

General Disclaimer

9.1. You acknowledge that Project Claude does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products

other than provided for pursuant to these Terms.

9.2. Project Claude 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.

9.3. 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.

9.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(b) Project Claude 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 late supply of

the 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 Project

Claude 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 “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 Project Claude make any express or implied

representation or warranty about its Content or any products or Purchase

Services (including the products or Purchase Services of Project Claude)

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:

(a) 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;

(b) 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);

or any of the Products;

(d) the Content or operation in respect to links which are provided for the

User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties

or 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 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 you under these Terms or where you have

not paid the Purchase Price, then the total liability of Project Claude is the

resupply 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 licensors

shall not be liable to you for any direct, indirect, incidental, special

consequential or exemplary damages which may be incurred by you, however

caused 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 or

business 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 in

connection with the Purchase Services, whether posted or caused by users of

the website of Project Claude, by third parties or by any of the Purchase

Services offered by Project Claude.

Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Project

Claude 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.

11.3. 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;

you 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 Purchase

Services 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’s

name 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

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 such other means upon which they

may 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;

mediator and the cost of the venue of the mediation and without limiting

the foregoing undertake to pay any amounts requested by the mediator as

a 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

All 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.