Terms of service

These Terms of Service apply to this Website, owned and run by LELA GROUP PTY LTD (referred to as “HIPTEASE”).  Your access to this Website is contingent upon you accepting all terms, notices and conditions.

 

1. YOUR AGREEMENT TO THESE TERMS

These Terms set out your agreement with HIPTEASE in relation to the use of the Website and the placement of Order for Products and related matters.  In consideration of HIPTEASE allowing you to use the Website, and/or opening an Account for you, you agree with HIPTEASE to be bound by these Terms.

If you do not agree to these Terms of Use and the Privacy Policy, you must exit the site immediately and discontinue any use of the Website. If you continue to use the Website you will be deemed to have agreed to abide by each of the Terms of Use and the Privacy Policy. HIPTEASE may update these Terms of Use at any time by posting updated Terms of Use on the Sites or by sending registered users an email notice of the changes. You should read the Terms of Use and the Privacy Policy regularly. If any modification is unacceptable to you, you must immediately cease using the Sites. If you do not cease using the Sites, you will be deemed to have accepted the change.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with HIPTEASE affiliates for other products or services.

Your personal information will be collected, used, processed and disclosed in accordance with HIPTEASE Privacy Policy .

 

2. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable law.
You must not (or attempt) to:

  • interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website; use any data gathering and extraction tools on the Website; or
  • link to any part of the Website in a way that damages or takes advantage of HIPTEASE’s reputation or causes HIPTEASE to suffer Loss including but not limited to implying or suggesting that you have any association and/or affiliation with HIPTEASE, or approval and endorsement from HIPTEASE when there is none, or in a way that is illegal or unfair.

 

3. INFORMATION ON THIS WEBSITE

  • You acknowledge and agree that there are intellectual property rights that are owned by or licensed to HIPTEASE and these include rights in respect of the Website content;
  • Any material on the Website, in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with HIPTEASE’s consent;
  • To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, HIPTEASE is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

 

4. SUBMISSIONS

You acknowledge that you are responsible for any information that you submit, upload, post or otherwise make available on or through the Website, including any product reviews, messages, opinions, comments, photos, videos and any other content or material you submit (each a "Submission"). You, and not HIPTEASE, have full responsibility for each such Submission you make, including its legality, reliability and appropriateness. All Submissions must be appropriate for general viewing. Before making a Submission, you must ensure that you either own all intellectual property rights in that Submission or are otherwise in a position to grant a License (as defined below) to HIPTEASE in relation to that Submission. You agree that HIPTEASE is free to use a Submission for the purpose of providing you and others with use of the Website and its functionality and providing you with the associated products and services, and you grant HIPTEASE a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide, royalty-free license ("License") to, in any media, whether known or not currently known or invented, use, link to, utilize, publicly perform, publicly display, communicate, reproduce, distribute, edit, adapt, modify, publish and prepare derivative works of the Submission. HIPTEASE is under no obligation to treat Submissions as confidential or proprietary information except pursuant to HIPTEASE’s PRIVACY POLICY applicable to personally identifiable information. Subject only to the licenses granted in these Terms of Use, you retain ownership of any copyright or other intellectual property rights in your Submissions.

You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party. You bear the burden of determining whether any material is protected by any such right. You will be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to HIPTEASE set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of a breach of these warranties in relation to any Submissions posted by you to or through the Sites. 

HIPTEASE takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. HIPTEASE is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Website, please CONTACT US.

 

5. ORDERS AND AGREEMENT FORMATION

Before you may place Orders and access the Website for that purpose, you must register an Account with HIPTEASE. To register an Account, you must:

  • give HIPTEASE accurate and current personal information including your name, address, credit card or other related payment details, and a valid email address;
  • be at least 18 years old, and have the capacity to enter into a legally binding agreement with HIPTEASE.
  • Follow the instructions on the Website as to how to make an Order and for making changes to your Order before you submit an Order

Subject to these Terms, and cases of Error or Obvious Error, despite any previous Price you may have seen or heard, the Price or related charges (for example delivery charges) shown or told to you (on the Website) in respect of any Order, is the Price and charges communicated to you via the Order Confirmation.
Unless otherwise stated, all payments to HIPTEASE are to be made in Australian Dollars. Payment for an Order is required to be made in full at the time of the Order being accepted by HIPTEASE by one of the payment methods disclosed on the Website. If you are not entitled to use the payment method or account selected for the Order or if the payment method or account does not have sufficient funds or credit facilities to cover the Order, then the Order may not be processed.

Upon placement of an Order, HIPTEASE will issue an Order Confirmation which will be sent to you by e-mail. This email is not an acceptance of the Order.  A binding agreement between you HIPTEASE for the purchase of Products is formed when you receive a shipment confirmation communication from HIPTEASE. You agree that HIPTEASE is not obliged to supply the Products to you until the Order has been accepted and an Agreement concluded.

HIPTEASE may in its discretion refuse to accept an Order from you, or refuse to process your Order for any reason. These reasons include but are not limited to:

  • unavailability of Products the subject of an Order;
  • HIPTEASE suspects that you might be re-selling the Products;
  • HIPTEASE suspects that the Order is not genuine and that it is being used for a purpose other than for use of the Products is the subject of the Order by you; or
  • where HIPTEASE considers that the Products cannot be delivered to your nominated delivery address.

 

6. YOUR ACCOUNT AND THE ACCOUNTS OF OTHER PERSONS

You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.
HIPTEASE is not liable or any Loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your Account login information secure.  You must not use another person’s Account without the other person’s express written permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify HIPTEASE immediately and take immediate steps to re-secure your Account (including by changing your password).  HIPTEASE may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.

 

7. CANCELLATIONS AND AMENDMENTS TO ORDERS

HIPTEASE is not obliged to accept any request by you for a cancellation or amendment of an Order; If you discover that you have made a mistake with your Order after you have submitted it to HIPTEASE via the Website, you may request the Order be amended. HIPTEASE does not guarantee that it will be able to amend the Order in those circumstances.

If you have made an Order and HIPTEASE is unable to process the Order or HIPTEASE does not accept the Order, HIPTEASE will notify you and the Order will be cancelled.  HIPTEASE will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by HIPTEASE.

 

8. PRODUCT DELIVERY

Products will be delivered to you at the place of delivery requested and nominated by you in the Order. HIPTEASE may use independent contractors for the purposes of delivery and charge you a delivery fee as specified at the time of you placing an Order. Where it is not possible for HIPTEASE to deliver to your nominated delivery location, HIPTEASE will inform you an attempt to make alternative delivery arrangements.


HIPTEASE does not guarantee any firm delivery dates.  You agree that you will take delivery of the Products without unnecessary delay and at a time reasonably specified by HIPTEASE. If you are unable to take delivery through absence from the delivery location, HIPTEASE may leave a card providing you with instructions on collection of the Products. Where through your unreasonable refusal to accept delivery of the Products you do not accept delivery or collect the Products, then HIPTEASE may:

  • charge you with a reasonable storage fee and other costs reasonably incurred by HIPTEASE; or
  • remove the Products from being available for delivery or collection and notify you that any Agreement for sale of the Products has been terminated.

 

9. TITLE AND RISK

Unless otherwise specified by you, all title and risk passes to you upon HIPTEASE accepting the Order and payment for the Price and all other relevant charges in respect of the Order being paid by you.
As and from the time when risk passes to you, the will HIPTEASE not be liable to you for Loss suffered or incurred by you in relation to the Products except as provided in the Terms.  You agree to take care when opening the Products so as not to damage it, and not to use any sharp instruments in that process.

 

10. YOUR COMMITMENTS, AGREEMENTS AND ACKNOWLEDGEMENTS

You warrant, and represent to HIPTEASE and acknowledge that HIPTEASE has relied on same in entering into any Agreement with you, that:

  • all information provided by you in your Account application is complete, accurate and correct and is not misleading;
  • HIPTEASE may rely on that information unless and until it receives written notice of any change signed by you. Any such varied information will be covered by this warranty;
  • you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to these Terms;
  • during your dealings with HIPTEASE, you will be in a position to meet all your commitments and obligations arising from these dealings;
  • you will notify HIPTEASE immediately of any errors or omissions with respect to your details or Account, in writing;
  • you have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by HIPTEASE in relation to the Products or their use or application;
  • you have not made known, either expressly or by implication, to HIPTEASE, any purpose for which you require the Products and you have the sole responsibility of satisfying itself that the Products are suitable for your use.

 

You agree:

  • to provide HIPTEASE with accurate, true and current information about yourself and maintain that information;
  • you are responsible for maintaining the confidentiality of your password and Account information and the activities conducted on your Account;
  • to notify HIPTEASE immediately of any unauthorised use of your password or any breach of security;
  • HIPTEASE is not responsible for, and is not liable to you in respect of any Loss suffered or incurred by you regarding the reliability, completeness or accuracy of any third party information it provides or makes available to you;
  • HIPTEASE has the right to correct any trading or administrative errors including but not limited to reversing or cancelling an Order without your consent and without liability or recourse by you against HIPTEASE;
  • Any information provided by HIPTEASE including information posted on its website is indicative and for information purposes only. HIPTEASE does not warrant the accuracy of that information and you should not make your own enquires concerning that information.

 

11. TERMINATION OF AGREEMENTS

If you do not comply with any essential obligations, HIPTEASE may terminate an Agreement by serving a notice of termination on you. For the purposes of these Terms and any Agreement where you agree to acquire Products from HIPTEASE:

  • any obligations on you to pay the Price and other applicable charges in respect of any Order, or to pay any other moneys owing by you to HIPTEASE in relation to these Terms or any Agreements, are deemed to be essential obligations; and
  • in respect of any other obligations, those obligations are deemed to be essential obligations if they remain unremedied for a period of seven days from the date HIPTEASE advises you of the relevant breach and the need to remedy those defaults.

HIPTEASE may also terminate an Agreement arising from an Order if the Products are not available for any reason or due to inability of HIPTEASE  to deliver the Products to your nominated delivery address.  In the case of termination of an Agreement:

  • due to non-availability of the Products, HIPTEASE will refund to you any money paid by you in respect of that Agreement;
  • due to inability of HIPTEASE to deliver the Products to your nominated delivery address, HIPTEASE may, but is not obliged to refund to you any money you have paid to HIPTEASE, however if HIPTEASE elects to refund to you some of those monies HIPTEASE may deduct its reasonable administration charges connected with acceptance of the Order and delivery of the Products (including for attempting to deliver and then returning the Products, and any storage fees as provided for in the Terms);
  • due to breach by you of an essential term, HITPEASE may hold any other money paid by you under same as security for anything recoverable in relation to these Terms and/or enforce any other rights it may have against you in relation to these Terms and/or at law or in equity.

 

12. SALES OUTSIDE OF AUSTRALIA

You agree:

  • the Website and HIPTEASE is based in Australia with all charges in AUD;
    • the Price and related charges related to the sale of Products by HIPTEASE to you, will, for customers located outside of Australia, be subject to the exchange rate applied by the customer's credit or debit card merchant or in the absence of same, by HIPTEASE;
    • where Products are shipped to your nominated delivery address outside of Australia, there may be Overseas Tax levied by a Government Agency in the country of nominated delivery, and that you will be liable for all such Overseas Tax (even if it is charged to HIPTEASE) and any other Loss you may suffer or incur related to the charging of Overseas Tax, and:
    • HIPTEASE is not responsible for, and not liable to you for any Overseas Taxes or other Loss you may suffer or incur related to charging of Overseas Tax;
    • HIPTEASE is not liable to reimburse you for any Overseas Taxes that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax;
    • you agree to reimburse HIPTEASE for any Overseas Tax that may be imposed upon HIPTEASE or any other Loss HIPTEASE may suffer or incur related to charging of Overseas Tax; and
    • you release HIPTEASE from all Claims you had, have or may have in relation to any Overseas Tax that may be imposed upon you or any other Loss you may suffer or incur related to charging of Overseas Tax.

 

13. PRODUCT RETURNS

You agree that it is not a defect in the Product or a breach of a warranty if in HIPTEASE’s reasonable opinion, following the sale of the Products to you, the Product has:

  • become of unacceptable quality due to fair wear and tear;
  • been misused, for not used in accordance with manufacturers’ instructions, or been used in an abnormal way; or
  • not had reasonable care taken by you in respect of the Product.

     

    You may return Product to HIPTEASE in circumstances where you believe the Product is the subject of a defect, or there is an applicable warranty claim contemplated by these Terms. Where the Product sold to you is confirmed to have a defect, or there is an applicable warranty claim contemplated by these Terms, HIPTEASE will replace the Product or refund the Price of the Product to you at your request.  If the Product is found not to have a defect or there is no applicable warranty claim contemplated by these Terms HIPTEASE will return the Product back to you and may charge you the delivery costs of this return.

     

    14. GIFT CARDS AND ONLINE STORE CREDIT

    Where HIPTEASE offers, provides or sells Gift Cards you may use these as payment for Products on the Website.  Where HIPTEASE emails Gift Cards to you, HIPTEASE is not liable to you for any Loss suffered or incurred by you occasioned by:

    • any errors in the email address you provided to HIPTEASE;
    • resulting from use of Gift Cards without permission; or
    • theft or illegibility of Gift Cards.

    Where there is fraud, or deception or other illegal activities in connection with the redemption of Gift Cards on the Website, HIPTEASE is entitled to close your Account and/or require a different means of payment.

    Gift Cards may be purchased by you for use on the Website by you or other customers nominated by you.  Gift Cards:

    • are valid for the specified period stated on them only and any balance that remains after that expiry date will not be available for use;
    • do not accrue interest nor can they be redeemed or refunded for cash;
    • cannot be used to buy further Gift Cards.

    If you place an Order for less than the value of the Gift Card, the residual credit can be used for future purchases, however that residual credit may not be redeemed for cash.  Where there is a credit on a Gift Card and it is insufficient for the Order payment to be completed by the use only of that Gift Card, the difference can be paid for through payment by other means as contemplated by these Terms.
    You may use as many Gift Cards as you wish in paying for an Order, and Gift Cards may be used in conjunction with a Voucher provided only one voucher is used per Order; If an Order made using a Gift Card or a Voucher is cancelled or returned, and you are entitled to a refund, the portion of the purchase attributable to the Gift Card or Voucher will be refunded as a store credit only.

    Where HIPTEASE provides an in store credit:

    • those in store credits are applied to the account registered with the same email address used to place the Order;
    • no in store credits are able to be transferred to other accounts;
    • An in store credit is valid for 12 months (or any additional period HIPTEASE may without being obliged to do so, advise you) from the date first issued calculated on a first in first out basis;
    • credit balances for in store credits that expire after the 12 months (or any relevant extended period) will not be available for use by you.
    • in store credits do not accrue interest nor can they be redeemed or refunded for cash;
    • if an Order made using in store credit is cancelled or returned, the portion of the purchase attributable to the in store credit will be restored to your Account only.

     

    15. ERRORS

    The Price and related charges quoted by HIPTEASE at the time of submission of your Order is indicative only and subject to HIPTEASE’s Order Confirmation and acceptance of the Order. HIPTEASE reserves the right to correct any errors which may be shown in any Invoice or other Agreement communications or documents, HIPTEASE provides to you at any time upon notice to you, including without limitation the Price and related charges, and you must accept the corrections.

    There may be information on the Website, from time to time, that contains spelling errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges and/or availability. HIPTEASE reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

    In case of Obvious Error, HIPTEASE may rescind any Agreement with you by notice to you of that rescission. Where HIPTEASE elects to rescind any Agreement with you, any further obligations to supply Products by HIPTEASE to you or by you to HIPTEASE will be at an end and HIPTEASE will refund to you any moneys that you have paid to HIPTEASE in respect of same.

     

    16. LIABILITY AND NON EXCLUDABLE TERMS

    Except to the extent all or part of this clause, contains a Non Excludable Term which, cannot be excluded, restricted or modified or be applied in such a way as having the effect of excluding, restricting or modifying the application of any legislation applicable to the sale of goods or supply of services:

    • these Terms and any Agreement do not include by implication or otherwise any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Products or any contractual remedy for their failure and HIPTEASE disclaims all or any such conditions and warranties, express or implied;
    • any information provided by HIPTEASE including information posted on its Website is indicative and for information purposes only. HIPTEASE does not warrant the accuracy of that information and you should not rely on that information;
    • HIPTEASE does not warrant that the Website will be available at all times and without disruption and provides no warranties in relation to the content of any other website linked to or from the Website;
    • HIPTEASE is not be liable for any Loss suffered or incurred by you relating to any dealing or transaction with HIPTEASE (except as so provided by these Terms);
    • you release HIPTEASE, and their respective directors, employees, contractors and agents from any Claims you had, have, or may have with respect to any Loss, that you suffer or incur in connection with your dealings with HIPTEASE, and if, but only if, HIPTEASE cannot by statute limit such Loss in this way, HIPTEASE’s liability for breach of any statutory condition or warranty will be limited to supplying the Products again, payment of the cost of having the Products supplied again, repairing the Products or any other remedy prescribed by any relevant law;
    • if neither of the preceding sub clauses applies, HIPTEASE’s total liability for any and all Losses in respect of all Claims in connection with an Agreement or your use of the Website, or these Terms, will be limited to the purchase price of the Products, and HIPTEASE will not be liable for incidental, consequential, exemplary or punitive damages resulting from any such cause (including, without limitation, loss of profit, loss of revenue or loss of opportunity);
    • if you use up or transform the Products in the course of trade, then HIPTEASE will not be liable to you or anyone else for any Loss suffered or incurred by you or them arising under or in connection with the sale, use of, storage or any other dealings with the goods or Products by you or any third party;

    HIPTEASE is not liable to you for any Loss suffered or incurred by you in any way arising under or in connection with the sale, use of, storage or any other dealings with the Products by you or any third party.  HIPTEASE shall not be liable for any Loss suffered or incurred by you arising in connection with the operation (including delays and errors) breakdowns, disruption to or malfunction of any system, device or service.  You are liable for all Loss you suffer or incur, arising out of the use, possession of or dealings with any Products sold to you by HIPTEASE, (including changes in your financial situation). HIPTEASE will not be liable for any Loss suffered by you or any third party for failure to meet any estimated date.

    Where any part of these Terms (including but not limited to the preceding sub clauses of this clause) are Non Excludable Terms, then any such provision of these Terms:

    • shall having regard to the application of those provisions, to the extent it is possible to do so, be read down and applied as relevantly modified so that those provisions do not contain any relevant Non Excludable Terms with respect to any such application of those provisions;
    • shall continue to apply, and have operative effect to the extent it is possible to do so, by some other application of those provisions and they will then continue to remain enforceable; and
    • to the extent it is possible to do so, those provisions if replaceable, shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal and HIPTEASE may by relying upon its rights to modify or vary this Agreement, so vary those terms or provisions to give the necessary binding effect (including to the extent it is possible to do so, with retrospective operation).

     

    17. INDEMNITY

    You agree to defend, indemnify and hold harmless HIPTEASE, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including legal fees) as a result of (i) your Submission or your access to or use of the Website; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

     

    18. PRIVACY

    To the extent HIPTEASE is required by law to do so, it may collect Your Information and verify your identity before HIPTEASE can trade with you.  By using the Website, or opening an Account with HIPTEASE you agree to be bound by the following terms:

    • HIPTEASE will collect Your Information only by lawful and fair means;
    • HIPTEASE may also be necessary to collect Your Information from third parties, including credit reporting agencies, law enforcement agencies and other government entities, and identify verification providers;
    • HIPTEASE collect and hold, use and disclose Your Information for purposes including the following:
      • to allow you to open an Account;
      • to enable HIPTEASE to perform its obligations to you and to ensure that you perform your obligations to HIPTEASE;
      • for communicating with you, including sending you information about Products and services;
      • to maintain a credit information file on you and to carry out a credit assessment on you;
      • to establish your bona fides;
      • for the investigation of suspected unlawful, fraudulent or other improper activity connected with the use of our Products and services; and
      • to comply with our legal and statutory obligations, including our obligations relating to identity verification and reporting under the Anti-Money Laundering and Counter Terrorism Act 2006 (Cth), our licencing obligations under other applicable laws.

    By opening an Account and providing Your Information you consent to Your Information being used by HIPTEASE.  HIPTEASE may disclose Your Information to third parties as follows:

    • to a credit reporting agency;
    • to HIPTEASE contractors and external service providers associated with the operation of our business;
    • to law enforcement agencies to assist in the prevention of criminal activities;
    • to government and regulatory authorities and other organisations as required or authorised by law or otherwise permitted under the Privacy Act 1988 (Cth);
    • HIPTEASE may disclose Your Information to a credit reporting agency for the purpose of obtaining an assessment of whether that personal information so disclosed matches (in whole or in part) the personal information held by the credit reporting agency. This process assists HIPTEASE in verifying your identity as required by the Anti-Money Laundering and Counter Terrorism Act 2006.
      HIPTEASE will take reasonable steps to protect Your Information it collects and ensure that it is accurate, complete and up-to-date.

     

    19. OTHER

    These Terms are governed by the laws of QLD Australia and the Courts of QLD Australia have jurisdiction in relation to any disputes to which these Terms apply. If more than one person constitutes the Account Holder, then they are jointly and severally bound by these Terms and HIPTEASE is entitled to act upon the instructions of any one of those persons unless specified otherwise on the Account application form.  The failure of HIPTEASE at any time to insist upon strict performance of the provisions of these Terms will not be deemed a waiver of its rights at any time thereafter to insist on strict performance.  No provision of these Terms that grant rights to HIPTEASE, merges by virtue of any supply of Products being made or any amount due being paid by you, or any Agreement being completed, or terminated, or otherwise.

    • If the whole or any part of a provision of any Agreement or these Terms is or shall become void, unenforceable or illegal, the remainder of any Agreement or these terms shall have full force and effect. The provision held void unenforceable or illegal if replaceable, shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.
    • These Terms replace any agreement, arrangement or understanding (arrangements) that may have existed between you and HIPTEASE and the obligations entered into under those prior arrangements will be treated as if they were entered into pursuant to these Terms.
    • You authorise HIPTEASE to record any telephone conversation(s) between you and HIPTEASE, with or without an audible tone warning device.
    • You authorise HIPTEASE to appropriate any credits, payments and other receipts from you or from your Account in such manner and order as it think fit against any amounts due or owing by you to HIPTEASE.

     

    20. DEFINITIONS AND INTERPRETATION

    In these Terms:

    • Account means an account issued by HIPTEASE to you for the purpose of facilitating any transaction relating to the sale of Products or related services.
    • Agreement means, as the context permits, an agreement for the sale of Products and related services to you by HIPTEASE arising from the acceptance of an Order by HIPTEASE.
    • Account Holder means the person or entity who has been granted an Account by HIPTEASE.
    • Business Day means a day in which banks are open for business in QLD, Australia.
    • Claim means any claim, action, proceeding or demand made, however arising and whether present or future, fixed or unascertained, actual or contingent;
    • Government Agency means any entity, body or person or government agency or authority with the authority to administer of any law;
    • Loss means a damage, loss, cost, expense or liability incurred or suffered, however arising and whether present or future, fixed or unascertained, actual or contingent.
    • Non Excludable Term means in relation to any part of these Terms, that by the application of any legislation applicable to the sale of goods or supply of services, may not:
      • be excluded, restricted or modified; or
      • otherwise applied in a way that has the effect of causing them to be excluded, restricted or modified.
    • Obvious Error means any matter, fact or thing which is obviously wrong, incorrect and of such a nature that no reasonable person in the position of HIPTEASE would have proceeded with any transaction on the basis of same.
    • Order means the order submitted by you to HIPTEASE via the Website to purchase Products from HIPTEASE.
    • Order Confirmation means the advice to you whereby HIPTEASE acknowledges to you, it has accepted an Order by you.
    • Overseas Tax means any present or future tax, levy, impost, deduction, charge, excise, duty, compulsory loan or withholding of whatever kind and whether direct or indirect, including but not limited to any related interest, penalty, fine or expense in connection with any of them levied or imposed by any Government Agency (other than an Australian Government agency) in connection with any law (other than an Australian law).
    • Product and Products means any products or goods sold to you by HIPTEASE, from time to time and as contemplated by any Order made by you in respect of the same.
    • Your Information means relevant information and other personal information about you, including but not limited to your full name, date of birth, residential address, and your interactions with HIPTEASE (such as Agreements), your credit card and related banking payment details, copies of personal identification documents that prove your identity or information about you that is publicly available, for example from public registers or social media.
    • You and Your means the Account Holder.
    • We, our, or us means HIPTEASE.
    • Website and the Website means the website that operated and maintained by HIPTEASE in respect of the sale of Products to consumers and in respect of which Accounts are opened by you and/or Orders are facilitated and transacted.

     

    In these Terms:

    • Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms;
    • Words imparting the singular shall include the plural and vice versa;
    • Words imparting a gender shall include every gender;
    • Words referring to persons includes natural persons, corporations and any other entity recognised by law.

     

    21. CONTACT US

    You may contact HIPTEASE via our contact form, or by writing to:

    HIPTEASE ACTIVEWEAR

    PO BOX 1,

    New Farm, QLD 4005