WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.harrismovers.com.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 Harris Movers Pty Ltd(ACN 625191540). Access to
and use of the Website, or any of its associated Products or Services, is
provided by Harris Movers Pty Ltd. 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) Harris Movers Pty Ltd reserves the right to review and change any of the Terms
by updating this page at its sole discretion. When Harris Movers Pty Ltd 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 by Harris Movers Pty Ltd in the user interface.
3. Registration to use the Purchase Services
(a) 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:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Full Name
(b) You warrant that any information you give to Harris Movers Pty Ltd in the course
of completing the registration process will always be accurate, correct and up to
date.
(c) 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.
(d) 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 Harris Movers
Pty Ltd; 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.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the
Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(iii) 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;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Harris
Movers Pty Ltd of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
(v) 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 Harris Movers
Pty Ltd providing the Purchase Services;
(vi) 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;
(vii) 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
Harris Movers Pty Ltd for any illegal or unauthorised use of the
Website; and
(viii) 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').
(b) Payment of the Purchase Price may be made through PayPal and Stripe (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, Privacy Policy and other relevant legal
documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by Harris Movers
Pty Ltd, you will be issued with a receipt to confirm that the payment has been
received and Harris Movers Pty Ltd may record your purchase details for future
use.
(d) Harris Movers Pty Ltd may, at their sole discretion, provide a refund on the return
of the Products within 3 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.
6. Delivery
(a) You acknowledge that the Purchase Services offered by Harris Movers Pty
Ltd integrate delivery (the ' Delivery Services') through the use of third party
delivery companies (the ' Delivery Service Providers').
(b) In providing the Purchase Services, Harris Movers Pty Ltd 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 Harris
Movers Pty Ltd 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, Harris Movers Pty Ltd 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 hello@harrismovers.com.au 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.
7. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Harris
Movers Pty Ltd 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) (the 'Content') are
owned or controlled for these purposes, and are reserved by Harris Movers Pty Ltd or its
contributors.
(b) Harris Movers Pty Ltd 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 Harris Movers Pty Ltd; 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 or
copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Harris Movers Pty Ltd 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.
9. Privacy
(a) Harris Movers Pty Ltd takes your privacy seriously and any information provided
through your use of the Website and/or the Purchase Services are subject to Harris
Movers Pty Ltd's Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that Harris Movers Pty Ltd does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
(b) Harris Movers Pty Ltd 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) Harris Movers Pty Ltd 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 Harris
Movers Pty Ltd (including the Delivery Services), is at your own risk. Everything
on the Website, the Purchase Services, and the Products of Harris Movers Pty
Ltd, 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 Harris Movers Pty
Ltdincluding 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 Harris Movers Pty Ltd) 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 you 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.
11. Limitation of Liability
(a) Harris Movers Pty Ltd'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 Harris Movers Pty Ltd is the
resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Harris Movers Pty Ltd, 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.
(c) Harris Movers Pty Ltd 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 Harris Movers Pty Ltd, by third parties or by any of the
Purchase Services offered by Harris Movers Pty Ltd.
(d) You acknowledge that Harris Movers Pty Ltd does not provide the Delivery
Services to you and you agree that Harris Movers Pty Ltd 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.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Harris
Movers Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Harris Movers Pty Ltd at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where Harris Movers Pty Ltd has made this option available to you.
(c) Your notice should be sent, in writing, to Harris Movers Pty Ltd via the 'Contact
Us' link on our homepage.
(d) Harris Movers Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach
any provision;
(ii) Harris Movers Pty Ltd is required to do so by law;
(iii) the partner with whom Harris Movers Pty Ltd offered the Purchase
Services to you has terminated its relationship with Harris Movers Pty Ltd
or ceased to offer the Purchase Services to you;
(iv) Harris Movers Pty Ltd 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
(v) the provision of the Purchase Services to you by Harris Movers Pty Ltd
is, in the opinion of Harris Movers Pty Ltd, no longer commercially viable.
(e) Subject to local applicable laws, Harris Movers Pty Ltd 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 Harris Movers Pty
Ltd's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Harris Movers Pty Ltd 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.
13. Indemnity
(a) You agree to indemnify Harris Movers Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) 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;
(ii) 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
(iii) any breach of the Terms.
14. Dispute Resolution
(a) 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).
(b) 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.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(i) Within 21 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;
(d) 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.
(e) Termination of Mediation:
If 30 days 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.
15. Venue and Jurisdiction
(a) The Purchase Services offered by Harris Movers Pty Ltd 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.
16. Governing Law
(a) 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.
17. 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 or bargaining power or general grounds of restraint of trade.
18. Severance
(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.