eCommerce Terms & Conditions

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Last updated on 22 June 2022

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to The Order of Knots.

In these terms, we refer to Elizabeth Griffiths trading as THE ORDER OF KNOTS (ABN 81 553 425 831) as “TOOK”, “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being [Insert Website] and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products (“Products”) or sign up for a Subscription with us (“Subscription”) through this Website

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://theorderofknots.com/pages/privacy-policy.

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products or a Subscription (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products or a Subscription unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products or Subscription. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products or Subscription. You can check the date at the top of this page to see when we last updated these terms.

 

 

 

 

  • For When You Buy Products…
  • SUBMITTING AN ORDER
    • By submitting an order for purchase of a Product or a Subscription using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered, or the inclusions applicable to your Subscription as set out on our Website, in exchange for your payment of the total amount listed upon checkout.
    • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  • ACCOUNTS
    • To submit an Order and/or to purchase a Product or Subscription, you may be required to sign-up, register and receive an account through the Website (an Account).
    • As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
    • If you purchased a Subscription, you must log in to your Account to use the functionality of your Subscription including to deliver a Product.
  • PRODUCTS
    • PRODUCT LICENCE
      • We use third party artists and designers to design the Products. You acknowledge and agree that we distribute the Products under an intellectual property licence but we do not own the intellectual property rights in the Products. Third party terms and conditions may apply to the Products, and you agree to be bound by those terms and conditions.
      • You are granted a limited, revocable, non-exclusive, perpetual licence to use the Products for your own personal, non-commercial purposes during the Term (Licence).
      • You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
      • We may revoke the Licence if we suspect, for any reason, that you are misusing the licence. For example, we may revoke your licence if (without limitation) you:
        • distribute the Products to other people or sharing your Account details with other people for the purpose of sharing the Products;
        • make commercial use of or infringing our (or any third party) intellectual property rights in the Products; or
        • do not comply with these Terms.
      • In this clause 1, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    • PRODUCT DELIVERY AND ACCESS
      • Once the price of your Products and any due and payable Subscription Fees are paid in full, the Products will be provided to you in accordance with this clause 3.1(a).
      • We will endeavour to ensure that any Product provided will be substantially the same as the Product described on our Website.
      • You acknowledge and agree that due to the nature of the Product being a digital file, the Product will be delivered directly to the email address for the intended recipient as specified in your Order or any other method specified by us at the time of the Order;
      • In order to delivery the product, we may require you to provide your name, email address and other information specified by us from time to time to provide access to the Product and you warrant that any contact details that you provide for the intended recipient are accurate and honest;
      • Any personal information that is contained within Your Content will be dealt with in accordance with our Privacy Policy.
      • At our discretion, rather than providing you with copies of any specific digital files, we may provide you with a code and/or link to access the Products on our Website or another platform (Access Link). You agree that you will not redistribute or share any Access Link with any third party.
      • You acknowledge that some email servers may have security settings that may affect your ability to receive or view emails or the content within those emails. If you order a Product but do not receive an email from us, or you or the Recipient are having trouble opening an email or viewing the content of an email (including the Product), please first check your, and encourage the Recipient to check their, email and security settings. If you or the Recipient cannot resolve the issue, please contact us using the contact details or form provided on our Website.
    • LIMITATIONS

The Products and Subscription are made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

  • the Products will be free from errors or defects;
  • use of the Products will produce a particular result;
  • the Products or inclusions under a Subscription will be accessible at all times;
  • any information provided through the Products or Subscription is accurate or true.
  • PAYMENT
    • All prices are:
      • per unit (except where indicated);
      • in Australian Dollars; and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products and any immediately payable Subscription Fees at the time of placing an Order.
    • (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by COTW, you must pay the GST subject to COTW providing a tax invoice.
    • (Card surcharges) COTW reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    • (Online payment partner) We may use third-party payment providers, such as Stripe and PayPal, (Payment Providers) to collect payments for Orders. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  • CHANGES TO YOUR ORDER
    • CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  • CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 5.3 may apply.

  • RETURNS
    • We do not offer change of mind returns.
    • We will provide a full refund of the price paid for a Product if we determine that:
      • a Product you have ordered was not received by you solely due to failure by us;
      • a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
      • a Product is faulty, in accordance with clause 5.3(c).
    • (Faulty products) The following process applies to any Product you believe to be faulty.
      • If you believe your Product is faulty, including if the Product appears to be corrupted, please contact us using the details provided on our Website with a full description of the issue (including a copy of the Product and images and/or videos if requested).
      • If we determine in our reasonable opinion that the Product is not faulty, we will refuse your return.
      • If we determine that the Product is faulty, we will replace the Product or provide a refund. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
      • If you fail to comply with the provisions of this clause 3 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the corrupted Product.
      • Nothing in this clause 3 is intended to limit or otherwise affect the operation of any warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
    • THIRD PARTY TERMS
      • You acknowledge and agree that the terms & conditions of third party suppliers of goods or services (Third Party Terms) may apply to the purchase of Products or a Membership from time to time.
      • You agree to any Third Party Terms applicable to third party goods and services that are used in fulfilling an Order to you, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    • DISCOUNT CODES
      • We may provide promotional materials and discount codes offering a discount on the Products or Subscription (Discounts). Discounts are valid for the fixed period of time stated in the Discount or on our Website. To use a Discount, you will need to enter its code at checkout.
      • A Discount cannot be applied retrospectively to an Order. Discounts are non- transferrable and cannot be redeemed for cash or store credit.
      • If any additional terms or conditions apply to the Discount, these will be set out on the Website.
    • SUBSCRIPTION
      • APPLICATION

This clause 8 applies if your Order includes a Subscription.

  • YOUR SUBSCRIPTION TIER
    • Your Subscription is for the tiered package as selected by you and agreed by us by means of the Website (Subscription Tier).
    • Your Subscription includes the benefits and limitations set out on our Website for your Subscription Tier and in your Order (as amended from time to time by notice to you).
    • During the Subscription period selected by you at the time of signing up to the Subscription (Subscription Period), we grant you a non-exclusive, non-transferable licence to use and access the website or platform to use the Products for the limited number of uses applicable to your Subscription Tier.
    • Unless otherwise agreed in writing, we may not provide access, or suspend access, to any part of the Product until you have paid the relevant Subscription Fees.
  • CHANGES TO YOUR SUBSCRIPTION
    • You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time.
    • If you choose to upgrade your Subscription, we will:
      • take reasonable steps to provide you with access to the new Subscription Tier; and
      • upon providing such access, apply the new, relevant Subscription Fees and charge you the new Subscription Fee from that date.
    • If you choose to downgrade your Subscription, the new Subscription Fees will apply from the start of the next billing cycle, unless we notify you otherwise. We generally don’t pro-rate downgrades in between billing cycles, however we reserve the right to from time to time.
    • If you choose to downgrade your Subscription, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity.
  • SUBSCRIPTION FEEs
    • You must pay us the Subscription fees in the amounts and at the times set out in the relevant Order, or as otherwise agreed in writing (Subscription Fees).
    • We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
    • Your Subscription will continue for the Subscription Period and continue to renew on an indefinite basis, unless you notify us at least 7 days of the expiry of the then current billing cycle that you want to cancel your Subscription from the commencement of the next billing period. Otherwise, we will continue to debit the Subscription Fees from your account for the next billing cycle.
    • By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorisation from you, until you provide prior written notice that you have terminated this authorisation or wish to change your payment method (and receipt of this is confirmed by us). Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Website.
  • CANCELLATION OF YOUR SUBSCRIPTION
    • You may cancel your Subscription by written notice to us at least 7 days before the end of the then current billing cycle. Your Subscription will end in the then current billing cycle, and you will be charged for that billing cycle.
    • Your licence to the Products under these terms will last for the remainder of the then current billing cycle. Once the then current billing cycles ends, we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data or other material beyond that point.
    • We may cancel your Subscription immediately at any time. If we cancel your Subscription under this clause 5(c), in circumstances where you have not breached any of these terms, we will issue you with a refund of a pro rata amount of the Subscription Fee, in proportion to the remainder of the period in which you will not have access to your Subscription due to our cancellation.

 

 

  • For When You Browse This Website…
  • ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

  • YOUR OBLIGATIONS

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of The Order of Knots;
  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products or a Subscription;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of The Order of knots, including by linking to the Website on any other website; and
  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • gaining unauthorised access to Website accounts or data;
    • scanning, probing or testing the Website for security vulnerabilities;
    • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • instigate or participate in a denial-of-service attack against the Website.
  • INFORMATION ON THE WEBSITE
    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be free from errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
  • INTELLECTUAL PROPERTY
    • The Order of Knots retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from The Order of Knots or as permitted by law.
    • In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • THIRD PARTY TERMS AND CONDITIONS
    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    • You agree to any Third Party Terms applicable to any third party goods and services, and The Order of Knots will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  • LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  • THIRD PARTY PLATFORM
    • This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
    • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  • SECURITY

The Order of Knots does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

  • REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

 

 

  • Liability And Other Legal Terms
  • LIABILITY
    • (Liability) To the maximum extent permitted by applicable law, The Order of Knots limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products, a Membership or services provided by us to:
      • where liability relates to a Product, the amount by you to us for the relevant Product giving rise to the liability;
      • where liability relates to a Subscription, the total Subscription Fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability; or
      • where liability does not relate to a Product or Subscription (including where liability relates to use of the Website), then to $100.
    • All other express or implied representations and warranties in relation to Products, Subscription and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify The Order of Knots and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
      • breach of any third party intellectual property rights;
      • breach of any of these terms;
      • use of the Website;
      • negligent, wilful, fraudulent or criminal act or omission; or
      • use of any Products, Subscription or other services provided by The Order of Knots.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Order of Knots be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products, Subscription or other services provided by The Order of Knots (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  • GENERAL
    • GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

  • WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

  • SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

  • JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

  • ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

  • COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

  • ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (currency) a reference to $, or “dollar”, is to Australian currency;
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  • NOTICES 
    • Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
    • If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
    • The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
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