Please read the following terms, conditions, exclaimers and limitations of liability (the “Terms”) carefully. By accessing, using or browsing the site www.sunshinecollective.com.au (“Site”), and/or by placing an Order, you acknowledge and represent that you have read the Terms, you understand the Terms, you agree to be bound by the Terms and you are over the age of 18 years. If you do not agree to any of the Terms, you are required to leave the Site immediately. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time.
Using the Sunshine Collective Site
You agree not to use the Site to:
- violate any local, state, national or international law;
- stalk, harass or harm another individual;
- collect or store personal data about other users; or
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
- You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site (“Third Party Links”).
- If you elect to use Third Party Links, you understand that your use of them will be subject to any terms and conditions required by the applicable third party provider(s).
- You understand that we are not the provider of, and are not responsible for, any such Third-Party Links and that these Terms do not themselves grant you any rights to access, use or purchase through any Third Party Links.
- When ordering products from the Site, you are required to provide to us personal and billing information such as your name, address and credit card details. If you order a Sunshine Collective subscription, you must also provide additional information regarding your child, such as name and date of birth. The information provided by you will be solely used to offer products and services appropriate for your child’s age group.
- By ordering products from the Site, you agree that all information provided to Sunshine Collective when using the Site is truthful and accurate, and agree to update your information if its changes.
- All products for sale on the Site (“Products”), their descriptions and prices are subject to change.
- Prices are in Australian Dollars (AUD) and include Goods & Services Tax (GST).
- We reserve the right to modify, suspend or discontinue the sale of any Product at any time without prior notice to you.
- You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the sale of any Product.
- You agree to pay all costs incurred by you (including but not limited to the retail price of the Product(s) ordered, all applicable government taxes and charges, delivery costs, insurance and/or credit card charges) when you place an order on the Site (“Order”).
- WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, The Sunshine Collective SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
- We reserve the right to accept, decline or cancel an Order (in whole or in part) in our sole discretion for any reason.
- Your receipt of an Order confirmation from us does not constitute an acceptance of your Order, nor confirmation of an offer to sell.
- We reserve the right to request additional information from you before fulfilling your Order.
- Payment in full by credit card and address verification are required prior to your Order being shipped.
- We reserve the right to cancel an Order if the advertised retail price and/or applicable taxes and charges are incorrect (due to a typographical error, an error in pricing, or an error in product information received from our suppliers).
- If your Order is cancelled for whatever reason, we agree to:
- issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the Order); or
- not charge your credit card for the cancelled portion of the Order.
- If you order a subscription to a Product that auto-renews periodically (“Subscription”), then you agree to pay the applicable Subscription Price, delivery fees, and taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site.
- If your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price.
- We will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorise us to do so.
- Any delivery dates provided by us are estimates.
- The Sunshine Collective Brilliant Boxes will be shipped ten (10) times per year, in accordance with the school terms for each state. Once we have confirmed your order, we will email you (using the email address you have provided) the estimated shipping date.
- We are not responsible for service transit time. The length of time it takes for you to receive your Order will depend on the shipping destination address. For orders within Australia, delivery will be between 2 to 4 working days for standard delivery.
- We reserve the right to charge an additional $15 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise.
- We do not accept any responsibility for any loss or damage arising from Products lost, stolen or damaged once the Products have been delivered to the carrier. You agree to be responsible for filing any claims with the carrier for lost shipments.
- If you have questions regarding customs or duties charges and procedures in your country, it is your responsibility to research this information before placing your Order.
- We do not offer returns based on change of mind. Please choose and order carefully.
- As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items purchased from us, in accordance with Australian Consumer Law.
- If a Product is faulty, not fit for its purpose, wrongly described or different from the sample shown then we will meet our legal obligations which may include refunding the purchase price and delivery charges or providing a replacement product, provided the Product is returned within a reasonable time with proof of purchase.
- If you wish to return or exchange an item under clause 6 (c) above, please contact us by email within a reasonable time of receipt to arrange for the Product’s return and replacement or exchange.
- All returned Products must be received by us in original packaging, in unused condition with tags attached (where applicable). If we believe that a Product has been damaged or used by you, we reserve the right to return the Product to you with no refund or exchange. We also reserve the right to charge your credit card for the associated shipping and handling costs.
Intellectual property rights
- Sunshine Collective retains all right title and interest in the Site, and all related intellectual property rights, including but not limited to all logos, designs, content, trademarks and website design.
- Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without our written consent.
- You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound records), or create derivative works from any copyrighted work made available or accessible via the Site.
- Failure to comply with this Clause may result in legal action being taken.
- You can cancel an annual subscription anytime. Please by emailing us at email@example.com at least three business days prior to your subscription’s forthcoming shipping date (that was emailed to you when your subscription was confirmed). You can email us to ask us when this date is. Gift subscriptions are not eligible for cancellation – these subscriptions will expire after the original term is complete. We will confirm annual subscription renewal at the end of your subscription term.
Product and Site Disclaimers
- WARNING: CHOCKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. Whilst every effort is made to ensure that our products are safe, by placing an Order with us, you acknowledge that the Products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts, which may cause a choking hazard if not used in a fully supervised environment. All of the Brilliant Boxes should be used under adult supervision, regardless of child’s age. In addition to all other limitations and disclaimers in this Agreement, we shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
- Use of the Site and/or the Products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these Terms, the Site or the Products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible.
- You acknowledge that this Clause 8 is an essential term between you and us relating to the provision of the Site and the Products to you.
- Your use of the Site and Products is governed by the laws of Victoria, Australia.
- We deal with information privacy in accordance with the Privacy Act 1988 (Cth) and the National Privacy Principles set out in the Privacy Act. We also comply with the Spam Act 2003 (Cth) which imposes restrictions on sending emails.
- This policy applies only to the Site and not to Third Party Links.
- Information is collected from you primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address or information about what you do. It is entirely your choice whether you wish to access the service and respond to these questions or not.
- We collect two types of information. The first type is anonymous information – that is, tracking information gathered as visitors navigate their way through the website such as which pages are visited, the length of time spent on each webpage etc. This information is collected for research purposes, is used in the aggregate (where possible), and remains anonymous.
- If you want to remain completely anonymous, you’re still free to take advantage of the huge amount of content available on our sites without registration. The vast majority of our site does NOT require visitors to complete a registration form or give us contact information (such as a name and email address) to visit.
- The more we know about our visitors the more value we can potentially offer them. Supplying such information is entirely voluntary. But if you don’t supply the information we require, we may be unable to provide you with services we make available to other visitors to our Site.
- The second type of information we collect is personal information. We will collect personal information such as your name, email address, or postal address, only when you provide it to us. With this information, we can provide a variety of personalised and enhanced services that are not available to anonymous users. We hope that you will find it beneficial to provide individually identifiable information about yourself to us because it will make our services more valuable to you.
- We will only use the personal information you have chosen to provide us for the purpose for which you provided it. We will not use it for any other purpose without your consent.
- We also invoke a standard feature of browser software, called a “cookie,” to assign each visitor a unique, random number. This cookie resides on your computer to identify which areas of our site users are visiting and doesn’t actually identify the visitor, just the computer that a visitor uses to access our site.
- Unless you voluntarily identify yourself (through registration, for example), we won’t know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. Our cookies can’t read unrelated data from your computer.
- This site contains Third Party Links. The establishment of a Third Party Link does not mean that we have approved a site, are endorsing a site, have reviewed its content, or are in any manner recommending a visit. We are not responsible for the privacy practices or the content of linked sites.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
- Limited warranties
The service, the site (including the downloadable tools), all information, content, materials and services related to the foregoing, and the products are provided “as is” and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the site or service will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through the our service and/or site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the site or services, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the site or service; and you agree to assume the security risk for any information you provide using the site or service.No representation or warranty is made that the site or services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the site or services and from the output of the site or services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. Search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.
- Limitation of liability
Use of our service, the site (including any downloadable tools), and/or the products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these terms, the service, the site, or the products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these terms, the service, the site, or the products exceed the greater of (1) fifty dollars (AUD $50.00) or (2) the amounts you have paid to company in the prior 6 months hereunder.You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site, the service (including any downloadable tools), and the products to you, and we would not provide the site or service or products to you without this limitation.
The limitations or exclusions of warranties and liability contained in these terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these terms shall apply to customer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where customer is located. If applicable law requires any warranties with respect to the product, all such warranties are limited in duration to ninety (90) days from the date of delivery. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless and, at our option, defend our company (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law or your user content.
- Limited warranties
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