Terms of Service
ABOUT THIS WEBSITE
This website is operated by StickyBoo Pty Ltd ABN 59 615 403 195. References to “we”, “us”, “our”, “StickyBoo” or “StickyBoo Stickers” used throughout this website refer to StickyBoo Pty Ltd. References to "this website" or “our website” means the whole or any part of the web pages located at www.stickyboo.com.au including our store.
StickyBoo offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By accessing this website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, email and newsletter subscribers, merchants, and/or contributors of content.
Please read these Terms of Service carefully. If you do not agree to all the terms, conditions, policies and notices of this agreement, then you may not access or use this website. All rights not expressly granted to you in these Terms are reserved.
Any new features or tools which are added to our store shall also be subject to the Terms of Service.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our Service to you.
You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third-party's computer systems.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
Our products comprise the items offered for purchase via this website, including sticker plans/subscriptions on a recurring monthly and quarterly basis, gift certificates and from time to time other sticker related items, promotions and/or packages (“Products”).
Our Products are for end-user customers only for their personal, non-commercial use.
Pricing for our Products (including any applicable postage and handling fees) are those as shown in our store and unless otherwise stated are quoted in Australian dollars inclusive of any applicable Goods and Services Tax.
All images of our Products should be considered as indicative only. Whilst we have endeavoured to display images of our Products as accurately as possible, we cannot guarantee that our Products will be accurately displayed on your device or computer monitor, including but not limited to their size, colour, shape, design and/or packaging. Please also note that certain sticker Products will vary from month to month and therefore what you receive may look different to what is shown on this website.
We reserve the right to limit the quantities of Products or that we offer and/or limit sales to any user, person, geographic region or jurisdiction.
Please note that our Products are not suitable for children 0-3 years old. They contain small parts and may present a choking hazard. They are not to be mouthed, chewed or placed on the skin. It is your responsibility to ensure that any Products are appropriate and suitable for the intended recipient(s) and that use of the Products is appropriately supervised.
USER ACCOUNTS AND CONDITIONS
To create and/or maintain a user account, you may be required to provide personal information about yourself (such as identification or contact details) including an email address, username, email address, contact number, credit card and other billing information and a password.
By creating a user account you:
- Warrant that any information you give to us in the course of creating and maintaining a user account will always be accurate, correct and up to date;
- Warrant that you are not a dealer, reseller, distributor, or other online or retail seller of the same or substantially the same products as are displayed on this website;
- Agree that we may from time to time send you promotional emails, special offers, newsletters and other general StickyBoo product and marketing related information, unless you tell us you wish to opt-out of any direct marketing;
- Agree that 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 your account;
- Agree that any use of your registration information by any other person, or third-parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- Agree that your use of this website, our Service and/or purchase and use of our Products is at your sole risk;
- Agree that you are responsible for making decisions about the appropriateness and/or suitability of any Products you purchase having regard to their intended recipient and use;
- Agree that we will communicate with you electronically. The email address you provide will be used as the primary method for communication;
- Agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service without the express written permission of StickyBoo;
- Acknowledge and understand that your store content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices;
- Acknowledge that we use a third-party payment service for the processing of credit card information and that this party will store and process your information;
- Agree that you will use this website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practice in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and the state of Western Australia.
- Agree that we reserve the right in our absolute discretion to cancel your user account without notice or cancel an order or purchase you make and without obligation to provide you with a reason; and
- Confirm that you have read these Terms and had an opportunity to ask questions if there was something you did not understand.
STICKER PLANS (SUBSCRIPTIONS)
The types of subscriptions we have available are those that can be purchased from our store from time to time including a monthly and three-monthly subscription (“Subscription”) or gift plan subscription (“Gift Plan”).
Your Subscription commences on the day of purchase.
For each month of your Subscription you will be posted, to the address you provide us, one pack comprising a selection of stickers. The quantum and particular selection of stickers each month will be chosen by StickyBoo in their absolute discretion.
When you purchase a Subscription, you acknowledge and agree that you will pay the purchase price for the stickers that are selected and posted to you by StickyBoo.
AUTOMATIC RENEWAL OF A SUBSCRIPTION; CANCELLATION
When you purchase and pay for a Subscription, you enter a continuing and ongoing agreement for the automatic renewal of that same Subscription on an indefinite basis until that Subscription is cancelled by you or us.
Your Subscription will automatically renew and re-bill at the end of the Subscription period. This “Renewal Date” is the same day of the month as your day of purchase. If you made a purchase on the 29th, 30th or 31st day of the month, for certain months of the year the Renewal Date will be bought forward to the last day of the month, as applicable.
For a monthly Subscription, every month on your Renewal Date we will charge your credit card/your account with the applicable Product purchase price, inclusive of any shipping and handling fees. If you wish to cancel your Subscription and stop it continuing for a further month, you must cancel before your next monthly Renewal Date.
For a three-monthly (quarterly) Subscription, every three-months on your Renewal Date we will charge your credit card/your account with the applicable Product purchase price, inclusive of any shipping and handling fees. If you wish to cancel your Subscription and stop it continuing for a further three-months, you must cancel before your next three-month Renewal Date.
To cancel your Subscription, you need to log into and update your user account.
Cancellations are effective when they have been processed in our systems. Whilst processing typically occurs the same day, this may not always be the case and a reasonable period should be allowed for (typically no more than 24-48 hours). We strongly recommend that if you wish to cancel your Subscription, you do this at least 2-3 days before your Renewal Date.
If you cancel your Subscription, you will continue to receive the selection of stickers applicable to your Subscription until the end of your Subscription period. If you cancel your Subscription, you will not be entitled to any refund (including pro-rata refund for any unused period) of the Product purchase price.
Once a Subscription is cancelled, any further Subscriptions purchased by you will be a new Subscription and not a continuation of any previous Subscription.
SHIPPING AND LOSS
Unless otherwise stated, our Products are shipped twice per month.
If you make a purchase within the first 14 days of the month, your Product will be shipped on or around the 15th day of the month. Otherwise, your Product will be shipped on or around the last day of the month.
In Australia, our Products are sent by regular mail using Australia Post which has an approximate delivery time of 2-6 business days. International orders typically take an additional 1-2 weeks. Tracking is not available for either Australian or international orders.
The above shipping periods, dates and times are estimates only. Actual shipment and delivery dates may vary including but not limited to weekends, public holidays, time zone differences, postal delays and factors outside of our control.
The risk of loss for all Products purchased pass to you upon delivery of the Products by us to Australia Post.
We are not responsible for delays in delivery or any loss or damage that occurs once the Products have been delivered by us to Australia Post or any other subsequent postal or delivery service.
All purchases and payments for Products must be paid in advance. Shipments will only be made where payment has been made in full and received by us before the next applicable Product shipping date.
A Gift Plan subscription may be available from time to time. Gift Plans are subject to the same terms and conditions as apply to all our Products including those set out above for Subscriptions, except that Gift Plans do not automatically renew or continue beyond their specified period.
The recipient of a Gift Plan will need to purchase a new Subscription or another Product if they wish to continue to receive any items from StickyBoo after the subscription period of their Gift Plan has ended.
Other than where required by law (in particular Australian consumer law), as a general policy, but in any event subject to the discretion of StickyBoo, there are no refunds once a purchase has been made including where the purchase was an error or fault on your part or whether you’ve simply changed your mind.
This website may contain links to other websites maintained by third-parties over whom we have no control. Such websites may not be current or maintained.
We have not verified the contents of linked third-party websites and do not endorse, warrant, promote or recommend any information, services or products that may be provided or accessed through them or any person or body which may provide them. We make no representations as to the accuracy or any other aspect of information contained in other websites. Your use of any link to a linked website is entirely at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any linked website.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by relevant third-party providers.
We may also, in the future, offer new services and/or features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in our Service, on this website or in our store that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services, this website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order or paid for any products).
We undertake no obligation to update, amend or clarify information in the Services, on this website or on any related website, including without limitation, pricing information, except as required by law.
We make no representations or warranties in relation to the accuracy or completeness of the information found on it. We are not liable to you or anyone else if information on this website is not accurate or complete.
INTELLECTUAL PROPERTY AND COPYRIGHT
This website, our Service and the Products of StickyBoo are subject to copyright. The material on this 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 this website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by StickyBoo or its contributors.
DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that this website and use of our Service will be uninterrupted, timely, secure, error and virus free.
We do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding our Products other than provided for pursuant to the Terms.
We make no representations that our Products will meet your expectations as to quantity, quality, subject matter, style, colour, shape or size.
We reserve the right to modify or discontinue any Product or our Service (or any part or content thereof) without notice at any time and we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product or our Service.
Our Service and all Products delivered to you through our Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You acknowledge there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
Subject to the clause below, to the maximum extent permitted by law, in no case shall StickyBoo, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service or any Products procured using our Service, or for any other claim related in any way to your use of our Service or any Product, 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 our Service or any content (or Product) posted, transmitted, or otherwise made available via our Service, even if advised of their possibility.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian consumer law (or any liability under them) which by law may not be limited or excluded.
LIMITATION OF LIABILITY AND INDEMNITY
Our total liability arising out of or in connection with our Service 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 our total liability is the resupply of the Products to you.
You agree to indemnify and hold harmless us and our partners, officers, directors, employees, associates and related parties, agents and representatives, contributors and third-party providers from and against any loss, expense, damage or liabilities (or actions that may be asserted by any third party) that may result from any third-party claims arising out of your breach of these Terms in relation to our Products or our Service on this website or on any related website and you agree to reimburse all costs and expenses (including legal costs) we incur in connection with any such action or claim.
Electronically transmitted information cannot be guaranteed to be secure or error free and it may be adversely affected or unsafe to use. We do not accept any liability in respect of any error or omission arising from or in connection with the electronic communication of information to you.
VALIDITY OF TERMS
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. In any event, the enforceability of the remainder of the terms will not be affected.
In the event of a dispute arising relating to our Service, you must give written notice to us detailing the nature of the dispute, the desired outcome and the action requested to settle the dispute.
Such notice is to be sent to the contact address noted on this website and not sent or posted anywhere else on the internet, including on any form of social media.
On receipt of that notice we will endeavour in good faith to resolve the dispute with you. If the dispute is not resolved through these negotiations within 30 days, you agree we will both attempt to resolve the dispute through mediation before having recourse to legal proceedings or other dispute resolution processes. Mediation will be held in Western Australia, Australia. You agree that you will be liable for all your own costs associated with any mediation.
If a mediator cannot be agreed the Australian Commercial Disputes Centre (“ACDC”) shall be requested to choose a mediator. Any mediation shall be conducted in accordance with the ACDC Mediation Guidelines.
If the dispute is not resolved within 60 days of mediation commencing, the mediation shall terminate unless both of us agree otherwise.
All communications concerning negotiations arising out of and in connection with this dispute clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
The obligations and liabilities of you and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our website by closing or deleting your user account.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Service or any part thereof.
These Terms of Service will be governed by and shall be construed in accordance with the laws of Australia and the state of Western Australia. Both you and us submit to the exclusive jurisdiction of the courts of that state and waive any right either you or us may have to claim that those courts are an inconvenient forum or that those courts do not have jurisdiction.
You agree that we may assign the benefit of the Terms at any time, without your consent.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against StickyBoo.