TERMS & CONDITIONS — Reuben Cullen kids

WEBSITE TERMS

This website (reubencullenkids.com) is operated by Reuben Cullen Kids Incorporated, ABN: 45667110525 (we, our or us). It is available at: reubencullenkids.com and may be available through other addresses or channels.

Consent

By accessing and/or using our Site, you agree to these terms of use and our privacy policy located HERE . Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Reuben Cullen Kids

1a Booth Street, Parkdale VIC 3195

aherobook@gmail.com

+61402602183

ABN:45667110525

Last update: 04/06/2020

Website Delivery + Refund Policies Info

Delivery Policy:

· Stock:

- Items ordered that are not in stock will ship as soon as they become available. Once dispatched, you will receive a fulfillment email and if your parcel has a tracking number it will be noted here to track your order.

· Fees:

- There are two options available for delivery with our shipping company Australia Post: Standard post and Express post.

- The cost of delivery for parcels, whether standard or express, are determined by Australia Post. These fees related to delivery will be subject to change in accordance with Australia Post should they change their pricing structure.

- Any updates made to pricing will be made automatically to our system and are not required to be communicated.

· Handling and Delivery Times:

- Standard Delivery: Please allow 4-10 business days from the date the order is shipped. Reuben Cullen Kids lodges orders for shipment of parcels to Australia Post once per week.

- Express Delivery: Orders arrive within 1-5 business days. Saturday delivery is not available.

- The delivery time once in the care of Australia Post to its destination is strictly in their control and cannot be at all altered by Reuben Cullen Kids.

- Delivery dates are estimates in accordance with our carriers. If you live in an area experiencing an unexpected service delay (i.e. severe weather, natural disasters, unscheduled events, etc.), please note there may be additional shipping time to receive your order.

· Parcel Tracking:

- Once your purchase has been handed over to Australia post for shipping you will receive a fulfillment email to advise you that your product is in transit.

- Tracking of parcels is not available for items that are being shipped containing only one product.

- Tracking of parcels containing either 2 or more products or as express post are available as a standard procedure. When you receive your fulfillment email you will have your personal tracking number issued on it so you can monitor its delivery.

· International Shipping:

- Standard Delivery: For orders shipped outside of Australia, please allow 14+ business days from the date the order is shipped. Reuben Cullen Kids lodges orders for shipment of parcels to Australia Post once per week.

- Express Delivery: Please allow 10+ business days. Saturday delivery is not available.

- The delivery time once in the care of Australia Post to its destination is strictly in their control and cannot be at all altered by Reuben Cullen Kids.

· Shipping Conditions:

- In order for delivery to be made successfully the correct delivery address details must be filled out at checkout. Please take the time to double check these in order to avoid any issues.

- Where a fault in shipping address is clearly evident through a typing error or other reason/s contact will be made by Reuben Cullen Kids to the purchaser to clear up the mistake and ensure delivery of the goods to the right address.

- If an incorrect address is provided for shipping which results in the customer not receiving their order, the purchaser must contact Reuben Cullen Kids via the website contact form to arrange re-shipping of their product. The customer will be required to pay for the goods again and new shipping fees should they decide to purchase again.

· Parcel arrival and Non-collection

- Once a parcel has arrived to its destination an order is deemed to have been fully completed by Reuben Cullen Kids.

- In the event a parcel collection note is left at the shipping address by Australia Post this also deems a completion of order by Reuben Cullen Kids.

- Should a parcel collection note be left and you do not collect it from Australia Posts delegated pick up point this is not the responsibility of Reuben Cullen Kids. If parcels are then returned to Reuben Cullen Kids, reshipping will only be made to the address once contact has been made to Reuben Cullen Kids through the contact form on the website and another shipping fee is paid.

· Incomplete and Incorrect/wrong Orders:

- If an order is missing any goods purchased please contact Reuben Cullen Kids via the contact form on the website to arrange for the correction of your order. Once you have contacted Reuben Cullen Kids and proof of purchase is confirmed we will mail your goods to complete your purchase immediately at no extra charge.

- In the event that an incorrect item is delivered in your order please contact Reuben Cullen Kids via the contact form on the website to arrange for the correction of your order. Once you have contacted Reuben Cullen Kids and proof of purchase is confirmed we’ll arrange for the order to be settled immediately and for goods to be returned to Reuben Cullen Kids with the customer. No extra charge will be incurred.

· Damaged Parcels:

- Before goods are processed for shipping they undergo a product quality control check.

- If goods are damaged in shipping and on arrival are deemed by the customer to be unsatisfactory the customer will need to contact Reuben Cullen Kids via the contact form on the website.

- Once contact is made and proof of purchase is confirmed Reuben Cullen Kids will arrange with the customer for the return of the goods. A replacement will be sent immediately free of charge.

· Lost Parcels:

- In the event a parcel is not delivered and/or received by the purchaser or is lost in transit the customer shall contact Reuben Cullen Kids via the contact form on the website. Once contact is made and proof of purchase is confirmed a replacement will be sent immediately free of charge.

· Other/Additional Information:

- Reuben Cullen Kids bares no control over the operation of shipping company Australia Post.

- Should any delays of delivery of your parcel be because of Australia Post after shipping is processed to them these are not the responsibility of Reuben Cullen Kids. However, we will work with Australia Post to ensure deliveries can be made as quick as possible.

- Should Reuben Cullen Kids be aware of any major delays or strikes at Australia Post prior to shipping being processed we may seek another shipping company to complete the delivery. Reuben Cullen Kids will cover any extra costs incurred.

- If you live in an area experiencing unexpected circumstances (i.e. severe weather, natural disasters, unscheduled events, etc.), please note there be some allowances made to procedures to accommodate such incidents.

Refund Policy:

· Refunds and Exchanges:

- Items that are faulty, unsafe or do not match their description will be refunded or exchanged where proof of purchase is provided. We are also happy to provide a refund where the goods are returned within 30 days of purchase unused, in original condition and accompanied by proof of purchase.

· Shipping:

- If a refund or exchange is requested due to items being faulty, unsafe or not matching their description Reuben Cullen kids will pay for the return shipping of the product/s and shipment of new goods to the customer.

- If a refund is requested for any other reason the return shipping will be payed by Reuben Cullen Kids. Refunds will only be issued once the return has been received by Reuben Cullen Kids.

*Please note the following exceptions to our return and exchange policy:

- Discounted items are final and cannot be returned or exchanged unless faulty, damaged or unsafe.

- Items have been personally made out to the purchaser by way of name or message.

- Returned items must have tags still on and be returned in original packaging (where applicable). Returned items must have no visible signs of wear or use.

- Items that are returned damaged.

· Contact:

- To return an order within the refund policy period or for more information please contact us via the website contact form (https://reubencullenkids.com/contact) and we will then give you instructions on how best to return your order so we can process your refund.

Privacy Policy

Reuben Cullen Kids is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au

· What is Personal Information and why do we collect it?

- Personal Information is information or an opinion that identifies an individual.

- Examples of Personal Information we collect include: names, addresses, email addresses, and phone numbers.

- This Personal Information is obtained in many ways including [correspondence, by telephone, by email, via our website reubencullenkids.com, via social media platforms, from media and publications, from other publicly available sources, from cookies] and from third parties. We don’t guarantee website links or policy of authorised third parties.

- We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

- When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

· Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinions about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

- Sensitive information will be used by us only:

• For the primary purpose for which it was obtained

• For a secondary purpose that is directly related to the primary purpose

• With your consent; or where required or authorised by law.

· Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

· Disclosure of Personal Information

- Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and

• Where required or authorised by law.

· Security of Personal Information

- Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.

- When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

· Access to your Personal Information

- You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

- Reuben Cullen Kids will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

- In order to protect your Personal Information we may require identification from you before releasing the requested information.

· Maintaining the Quality of your Personal Information

- It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

· Policy Updates

- This Policy may change from time to time and is available on our website.

· Privacy Policy Complaints and Enquiries

- If you have any queries or complaints about our Privacy Policy please contact us at: