WEBSITE TERMS AND CONDITIONS OF USE
About the Website
(a )Welcome to crochet-corner.org (Website). The Website provides you with an opportunity to
browse and purchase various products that have been listed for sale through the Website
(Products). The Website provides this service by way of granting you access to the
content on the Website (Purchase Services).
(b)The Website is operated by Crochet Corner. Access to and use of the Website, or any of its
associated Products or Services, is provided by Crochet Corner. Please read these terms
and conditions (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)Crochet Corner reserves the right to review and change any of the Terms by updating this
page at its sole discretion. When Crochet Corner updates the Terms, it will use reasonable
endeavors 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 Crochet Corner in the
user interface.
Registration to use the Purchase Services
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:
– Email address
– Preferred username
– Mailing address
– Password
You warrant that any information you give to Crochet Corner in the course of completing
the registration process will always be accurate, correct and up to date.
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.
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 Crochet Corner; or
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
As a Member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
1 )the Terms;
2) any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions;
3) 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;
4) any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify Crochet Corner of any
unauthorized use of your password or email address or any breach of security of
which you have become aware;
5) 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 Crochet Corner providing the
Purchase Services;
6) you will not use the Purchase Services or Website for any illegal and/or
unauthorized use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website;
7) 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
Crochet Corner for any illegal or unauthorized use of the Website; and
8) you acknowledge and agree that any automated use of the Website or its Purchase
Services is prohibited.
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
(Purchase Price).
b) Payment of the Purchase Price may be made through PayPal, Stripe, Square, Coinbase, or any other
(Payment Gateway Provider). In using the Purchase Services, you warrant that you have
familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions
of Use, Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
c) Following payment of the Purchase Price being confirmed by Crochet Corner, you will be
issued with a receipt to confirm that the payment has been received and Crochet Corner
may record your purchase details for future use.
d) Crochet Corner may, at their sole discretion, provide a refund on the return of the Products
within 30 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.
Delivery
a) You acknowledge that the Purchase Services offered by Crochet Corner integrate delivery
(Delivery Services) through the use of third party delivery companies (Delivery Service
Providers).
b) In providing the Purchase Services, Crochet Corner may provide you with a variety of
delivery and insurance options offered as part of the Delivery Services by the Delivery
Service Providers. You acknowledge and agree that Crochet Corner 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 is lost or damaged in the course of the Delivery Services, Crochet
Corner asks that you:
– contact the Delivery Service Provider directly to request a refund or to claim on any
insurance options available; and
– contact us by sending an email to oreo@crochet-corner.org 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.
Warranty
a) Crochet Corner’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 (Warranty).
b) You may make a claim under this clause (Warranty Claim) for material defects and
workmanship in the Products within 30 days from the date of purchase (Warranty Period).
c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to Crochet Corner 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
Crochet Corner by email at oreo@crochet-corner.org.
d) Where the Warranty Claim is accepted then Crochet Corner 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.
e) The Warranty shall be the sole and exclusive warranty granted by Crochet Corner 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.
f) All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
g) 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
a) The Website, the Purchase Services and all of the related products of Crochet Corner are
subject to copyright. The material on the Website is protected by copyright under the laws
of Australia and through international treaties. Unless 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) (Content) are
owned or controlled for these purposes, and are reserved by Crochet Corner or its
contributors.
b) Crochet Corner 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:
– the business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright of Crochet Corner; or
– the right to use or exploit a business name, trading name, domain name, trade mark
or industrial design; or
– a system or process that is the subject of a patent, registered design or copyright
(or an adaptation or modification of such a system or process).
c) You may not, without the prior written permission of Crochet Corner 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 re-use or are in the public domain.
Privacy
Crochet Corner takes your privacy seriously and any information provided through your use of the
Website and/or the Purchase Services are subject to Crochet Corner’s Privacy Policy, which is
available on the Website.
General Disclaimer
a) You acknowledge that Crochet Corner does not make any terms, guarantees, warranties,
representations or conditions whatsoever regarding the Products other than provided for
pursuant to these Terms.
b) Crochet Corner 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:
– all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
– Crochet Corner 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.
e) Use of the Website, the Purchase Services, and any of the products of Crochet Corner
(including the Delivery Services), is at your own risk. Everything on the Website, the
Purchase Services, and the Products of Crochet Corner, 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 Crochet Corner 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
Crochet Corner) 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:
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;
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);
costs incurred as a result of you using the Website, the Purchase Services or any of
the Products;
the Content or operation in respect to links which are provided for the User’s
convenience;
any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
Limitation of Liability
Crochet Corner’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 Crochet Corner is the resupply of information or Purchase Services to you.
You expressly understand and agree that Crochet Corner, 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.
Crochet Corner 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 Crochet Corner,
by third parties or by any of the Purchase Services offered by Crochet Corner.
You acknowledge that Crochet Corner does not provide the Delivery Services to you and
you agree that Crochet Corner will 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 in connection with the Delivery Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Crochet Corner as set
out below.
If you want to terminate the Terms, you may do so by:
notifying Crochet Corner at any time; and
closing your accounts for all of the Purchase Services which you use, where
Crochet Corner has made this option available to you.
Your notice should be sent, in writing, to Crochet Corner via the ‘Contact Us’ link on our
homepage.
Crochet Corner may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Crochet Corner is required to do so by law;
the partner with whom Crochet Corner offered the Purchase Services to you has
terminated its relationship with Crochet Corner or ceased to offer the Purchase
Services to you;
Crochet Corner 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
the provision of the Purchase Services to you by Crochet Corner is, in the opinion of
Crochet Corner, no longer commercially viable.
Subject to local applicable laws, Crochet Corner 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 Crochet Corner’s name or reputation or violates the rights of those of
another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and Crochet Corner 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
You agree to indemnify Crochet Corner, its affiliates, employees, agents, contributors, third
party content providers and licensors from and against:
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;
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
any breach of the Terms.
Dispute Resolution
14.1.
14.2.
14.3.
(i)
(ii)
(iii)
(iv)
14.4.
14.5.
15.
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).
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.
Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
Within 28 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;
If for any reason whatsoever, 28 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 Butler &
McDermitt Lawyers or his or her nominee;
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 as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
The mediation will be held in Nambour, Australia.
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.
Termination of Mediation
If 2 months 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
16.
17.
The Purchase Services offered by Crochet Corner are intended to be used 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 Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, 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 Queensland 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.
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.