1.1 This website (Site) is operated by The Clean Collective Pty Ltd ABN 88 617 475 322. Throughout these Terms and Conditions (Terms), the terms “we”, “us”, “our” and “The Clean Collective” refer to The Clean Collective Pty Ltd. The Clean Collective offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By purchasing our Advertising, you engage in our Service and agree to be bound by the following Terms and Conditions (Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms supplement and incorporate the legal terms of our payment service providers. Your purchase from us indicates that you have read, accepted and will comply with these Terms and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, then you must not purchase from us.
1.4 Any new features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. DISCLAIMER AND LIABILITY
2.1 This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site or the Service (or any part of it or them); or
(b) otherwise in relation to these Terms or the entering into or performance of these Terms.
2.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
2.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
2.4 Subject to clause 2.3:
(a) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(c) You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that Products purchased are sufficient and suitable for your purposes and for your child and meet your or your child’s individual requirements, including if you or your child has any allergies to any specific material or ingredient. If you are purchasing a Product as a gift, you are responsible for ensuring that the Product meets the gift recipient’s needs. We do not warrant that the Products will meet individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
(f) To the extent permitted by law in no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data – whether based in contract, tort (including negligence), strict liability or otherwise – arising out of or in connection with your access to, or use of, or inability to use or access this Site, the Service, any Products and these Terms.
(g) In no case shall The Clean Collective be liable for any other claim related in any way to your use of the Service or any Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
(h) We do not bear any responsibility for any errors, omissions, defamatory, offensive or illegal conduct of any user of the Site.
(i) We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
(j) We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
(k) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
(l) Our total Liability under any Contract shall in no circumstances exceed:
(i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
(ii) in the case of Services, the supplying of the Services again, or the payment of the cost of having the Services supplied again.
2.5 Some information about Products on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.6 Incorrect or inappropriate use: Many of our Products come with usage guidance. This guidance must be followed. If we provide you with any usage guidance and you fail to use the Product in accordance with the usage guidance provided, we are not liable for any damage or loss caused. If a Product is marked as for use by a particular age group of child, we are not responsible if a child from a different age group uses the Product.
2.7 Materials and ingredients: The Clean Collective makes every attempt to identify and source baby products utilising the highest quality materials and ingredients. Please see our Ingredients and Environmental Policy for further details. We also request our manufacturers and suppliers to clearly identify the content of any Product and any special usage instructions. However, there is a possibility that some manufacturers and suppliers could change the material or ingredient content of our Products without advance notice to us.
2.8 Some people and babies may have allergic reactions to certain ingredients or materials. Customers concerned with allergies or other special sensitivities are encouraged to consult a medical practitioner regarding the use of a Product, prior to using it.
2.9 The Clean Collective is committed to product safety and care. Nevertheless, we cannot be responsible for allergic reactions that some people and babies may have due to special sensitivities to certain ingredients or materials and buyers are encouraged to carefully monitor the use of all baby products. Upon request, The Clean Collective will provide additional information regarding Product ingredients and materials to shoppers with specific concerns or questions.
2.10 Appearance of Products: Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products you receive.
2.11 Advice: Any suggestions we provide to you in relation to using our Products is a suggestion only. It is not intended to be advice specific for your situation or your child (if relevant) or a gift recipient if you are purchasing the Product as a gift. Suggestions are intended to be a general guide only and you are responsible for ensuring that a Product meets your needs. You agree that any information, insights or guidance contained in our Site or Products is not an attempt to practice medicine or provide medical advice. Any general guidance we provide not be used as a substitute for professional diagnosis and treatment. Any health information provided on our Site is provided simply for your convenience. The Site is intended for general information purposes only. Any guidance provided on the Site does not take into account personal circumstances. Guidance is not intended to be advice, it is not intended to be relied upon and it is not a substitute for professional medical advice based on personal circumstances.
2.12 As above, you are solely responsible for determining the suitability of any of the Services, and your reliance on any information that is provided to you through our Site is at your own risk.
3.1 You indemnify and hold us and our related entities, affiliates, and our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
5. MEDIATION AND DISPUTE RESOLUTION
5.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Products, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
6.1 Entire agreement: These Terms contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
6.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
6.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
6.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
6.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
6.6 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
6.7 Severability: If any provision of these Terms is held to be unlawful, void, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
6.8 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
6.9 Change of the Terms: We reserve the right, at our sole discretion, to update, change or replace any part of these Terms at any time. All amendments to these Terms will be posted online. It is your responsibility to check our website periodically for changes. However, continued use of the Site will be deemed to constitute acceptance of the new Terms.
6.10 Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
7. DEFINITIONS AND INTERPRETATION
In these Terms unless the contrary intention appears:
Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;
Contract means the sale of goods agreement between you and us for the supply of Advertising you have ordered in accordance with these Terms;
GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract);
Product means any product advertised by us on our Site;
Service means by visiting our Site and/or purchasing advertising from us, you engage in our “Service” and agree to be bound by these Terms;
Site means this website (www.weareearthcollective.com) operated by The Clean Collective Pty Ltd;
Terms means Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content;
The Clean Collective means The Clean Collective Pty Ltd (ABN 88 617 475 322) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
The Clean Collective Pty Ltd ABN 88 617 475 322
Level 20, 109 Pitt Street
Sydney NSW 2000
Last update: 12 August 2020