Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Tiny Timber Collective Pty Ltd (ABN 41 644 921 540) (“TTC’s/Our/Us/We”) relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of and agree to be bound by these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to TTC and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

You must be over 18 years of age to use this website and to purchase any goods or services.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and TTC’s rights and obligations to each other.

LIMITATION OF LIABILITY

To the maximum extend permitted by law, TTC, it’s officer, agents, employees, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

To the maximum extent permitted by law, TTC, it’s officers, agents, employees, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies:

In the case of goods to any of the following:

The replacement of the goods or supply of equivalent goods;
The repair of goods;
The payment of the cost of replacing the goods or of acquiring equivalent goods;
The payment of the cost of having the goods repaired.

In the case of services:

The supply of services again; or
The payment of the cost of having the services supplied again.

It is an essential pre-condition to you using our website that you agree and accept that TTC is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

You agree that it shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), TTC’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

THIRD PARTY LINKS TO OTHER WEBSITES

TTC may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between TTC and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

TTC’s website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. Your use of any third party websites is at your own risk and subject to the respective third party websites terms and conditions of use.

FORCE MAJEURE

To the maximum extent permitted by law and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of TTC, and We shall be entitled to a reasonable extension of time for the performance of such obligations.

ORDERS

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Replacement of damaged or lost items is made at the discretion of TTC.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

TTC handles returns and processes refunds in accordance with the Australian Consumer Protection legislation and our Returns policy which can be found at https://tinytimbercollective.com/pages/returns-and-refunds

Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of TTC.

DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, TTC and it’s officers, employees, agents, licensors, partners and affiliates disclaims all conditions, representations and warranties, expressed or implied in relation to this website and/or but not limited to, implied warranties of merchantability and fitness of any goods purchased through this site for any particular purpose. TTC gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Schedule 2 of the Competition and Consumer Act 2010 (“Consumer Law”) defines a consumer. Under the Consumer Law We are a supplier of either goods or services or both to you, and as a consumer the Consumer Law gives you statutory guarantees.

If you are a consumer within the meaning of Schedule 2 of the Consumer Law of our goods or services then we give you a warranty that at the time of supply of any of our goods or services to you, if they are defective then:-

Provide again or rectify any goods or services or part of them that are defective; or
Wholly or partly recompense you if they are defective.

We do not provide any warranty for any goods or services of a third party ordered through our App or website. By ordering goods or services of a third party through Our website, you agree that we will not be responsible for any issue of the goods or services of a third party. You also agree to waive all legal responsibilities, to the extent permitted by law, against us in relation to any goods or services provided by a third party.

The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

By accessing our website you have read and agree to be bound by our Website use disclaimer statement which can be found at https://tinytimbercollective.com/pages/website-disclaimer. The terms of Our Website Use Disclaimer are hereby incorporated into these Website Terms and Conditions.

PRIVACY POLICY

At TTC we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. By using Our website You have read and agree to be bound by Our separate Privacy Policy https://tinytimbercollective.com/pages/privacy-policy. The terms of Our Privacy Policy are hereby incorporated into these Website Terms and Conditions.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

TTC may be required, in certain circumstances, to disclose information in good faith and where TTC is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

When you acquire or access any goods or services from a third party through this site, we will provide that third party such information necessary to enable it to process and administer your order. We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

PRIVACY ACT 1988 (Cth)

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. Personal Information obtained about You is stored and protected in accordance with the Privacy Act 1988 (Cth). In Our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

You may request at any time to access or amend your personal information in accordance with the Australian Privacy Principals. All requests for personal information must be directed to Our Privacy Officers email address hello@tinytimbercollective.com

We will amend any personal information that is held by us that is inaccurate, incomplete or out of date.

TTC will endeavour to deal with all requests for personal information as quickly as possible. Requests for large volumes of personal information or information that has been archived may require further time before the requested information can be provided. In some cases We may refuse to give access to your personal information that we hold. This includes circumstances where providing access would:

Be unlawful (such as where a record that contains personal information about you is subject to a claim for legal professional privilege by a contractual counterparty)
Have an unreasonable impact on another person’s privacy
Prejudice an investigation into unlawful activity
Prejudice anticipated legal proceedings where the information would not be accessible by the process of discovery in those proceedings.

Where access is refused we will provide you with a statement that states the reasons for our refusal.

PROHIBITED CONDUCT

By agreeing to these Website Terms and Conditions you agree that must not:

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:

abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring the Company or any of its staff into disrepute.

EXCLUSION OF COMPETITIORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of TTC. TTC expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then We will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. TTC reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

INTELLECTUAL PROPERTY

In theses terms of use the term “Intellectual Property” means:

This website;
All of its content including but not limited the text, graphics, design, appearance software, data, sound and video files and other information contained in this site;
All software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
All trademarks, designs and copyrighted material.

This website contains material which is owned by or licensed to us. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically, prepare derivative works or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. You must not remove or modify any copyright, trademark or proprietary material obtained from downloaded or printed material from our website.

Copyright

TTC expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

If you believe that our website contains any material that infringes upon any copyright that you hold or control, or that users are directed to through a link on this site to a third party website that you believe infringes upon any copyright that you hold or control, you may send a notification of such infringement to us in writing. Such notification must identify the works that are allegedly infringed upon and the allegedly infringing material.

In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Trademark

The company’s logo is a trademark of TTC. The look and feel of this site (including button icons, scripts, custom graphics and headers) are trademarks, service marks and/or trade dress of RRC. These trade marks and service marks may not be used, copied or imitated in whole or in part, without the prior written consent of TTC. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

GENERAL

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and TTC concerning your use and access to TTC’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

INTERPRETATION

Headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

SEVERABILITY

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

NOTIFICATIONS

TTC may provide any notification for the purposes of these Website Terms & Conditions by the email address provided to us.

GOVERNING LAW AND JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and TTC that results in litigation then you must submit to the jurisdiction of the courts of NSW.