terms and conditions
The website “www.harryandpop.com.au” (the “Harry & Pop Website”) and the “Harry & Pop” business are owned and operated by Harry & Pop ABN 30 607 179 211 (“Harry & Pop”).
Terms and Conditions
1. Your Acceptance
2. Terms and Conditions to apply to all users of the Harry & Pop Website and all customers of Harry & Pop
These Terms and Conditions apply to all customers of Harry & Pop and all users of the Harry & Pop Website, including but not limited to users that place orders on the Harry & Pop Website, or contribute any content (including testimonials and reviews) via the Harry & Pop Website.
By using and/or visiting the Harry & Pop Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are aged 13 years or over, as the Harry & Pop Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Harry & Pop Website.
3. General Use of the Harry & Pop Website — Permissions and Restrictions
A. You may be required to create an account (“User Account”) before you can access certain parts of the Harry & Pop Website, such as purchasing functionality.
You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. Harry & Pop reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information, including relating to anyone submitting User Submissions which violates any law.
B. Harry & Pop hereby grants you permission to access and use the Harry & Pop Website as set forth in these Terms and Conditions, provided that:
i) You agree not to distribute in any medium any part of the Harry & Pop Website, including but not limited to Harry & Pop Content or User Submissions (all terms as defined below), without Harry & Pop's prior written authorization.
ii) You agree not to access User Submissions or Harry & Pop Content through any technology or means other than the provided functionality of the Harry & Pop Website itself, or other explicitly authorized means Harry & Pop may designate.
iii) You agree not to use the Harry & Pop Website for any commercial use, without the prior written authorization of Harry & Pop. Prohibited commercial uses include (but are not limited to) any of the following actions taken without Harry & Pop's express approval:
- sale of access to the Harry & Pop Website or related services on another website;
- use of the Harry & Pop Website or related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Harry & Pop Website or any third-party website, targeted to the content of specific User Submissions or Harry & Pop Content; and
- any use of the Harry & Pop Website or related services that Harry & Pop finds, in its sole discretion, to use Harry & Pop's resources or User Submissions with the effect of competing with or displacing the market for Harry & Pop, the Harry & Pop Content or User Submissions.
iv) You agree not to use or launch any automated system (including but not limited to "robots," "spiders," or "offline readers"), that access the Harry & Pop Website in a manner that sends more request messages to the Harry & Pop servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Harry & Pop Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Harry & Pop Website with respect to their User Submissions.
v) In your use of the Harry & Pop Website, you will otherwise comply with these Terms and Conditions, and all applicable local, national, and international laws and regulations.
vi) Harry & Pop reserves the right to discontinue any aspect of the Harry & Pop Website at any time without notification.
4. Payment terms, delivery and returns
A. Orders will not be despatched until funds have cleared into our account.
B. All Australian and some international orders are sent out via Australia Post. All postage and packaging costs for all deliveries can be found at “www.harryandpop.com.au/pages/shipping” of the Harry & Pop Website, or as confirmed in writing with you.
C. All products advertised on the Harry & Pop Website are subject to availability.
D. The price payable for any products or services is the price specified on the Harry & Pop Website at the time of placing the order. Prices displayed are subject to change at any time.
E. Any order placed on the Harry & Pop Website is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
F. International customers will be liable for any customs charges, duties, or tariffs for their destination country. International customers order at their own risk.
G. Risk of loss and title for the product(s) pass to you upon dispatch from our warehouse to the delivery carrier.
H. You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify Harry & Pop within five (5) working days of delivery of any shortfall, damage or incorrect orders.
I. Harry & Pop is not responsible for any delay in delivery of any products caused by, or in any way connected with, any other cause beyond the reasonable control of Harry & Pop (including but not limited to shortfall of supplies, strikes, industrial disputes).
J. If a product received by you is damaged or faulty, promptly contact us by email at email@example.com to organise for the faulty product to be returned (a photo showing the damage/fault may be requested), then return the faulty product with your proof of purchase attached and a written reason detailing the fault or damage and your contact details. Nothing in these Terms and Conditions reduces or limits your rights under the Australian Consumer Law. Once returned to Harry & Pop, if we reasonably assess that your returned product is in fact faulty/damaged and/or in breach of any statutory or express warranty, we will replace your product with an identical product and also arrange to reimburse you for the postage costs incurred by you to return your faulty/damaged product to us. If we are unable to replace the product with an identical, you may select another stocked product of the same purchase price, or you can opt for a refund of the purchase price of the faulty product. The replacement product will be sent at no charge, as soon as possible, after we receive your faulty or damaged product. Any faulty or damaged product(s) must be complete. Returns will not be accepted by Harry & Pop if the fault or damage to the product has been caused by accident or by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.
K. Harry & Pop does not refund for products as a result of a change of mind, so please choose carefully. However, if you have purchased an incorrect size and we have stock of an alternate size that you need instead, we will replace the item for you. You will need to send the item back to us at your cost, unworn, with all labels and in original condition. We will then send you the correct size at our cost.
5. Your Use of Harry & Pop Content and User Submissions on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the Harry & Pop Website.
A. Excluding any User Submissions, all content on the Harry & Pop Website, including without limitation:
a. the registered and unregistered trademarks, service marks and logos contained therein ("Harry & Pop Trade Marks");
b. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property; (collectively, the "Harry & Pop Content"), are owned by or licensed to Harry & Pop, and are subject to copyright and other intellectual property rights under the law. Harry & Pop Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Harry & Pop reserves all rights not expressly granted in and to the Harry & Pop Website and the Harry & Pop Content.
B. You may access Harry & Pop Content and User Submissions solely:
- for your information and personal use; and
- as intended through the normal functionality of the Harry & Pop Website.
C. User Submissions and the Harry & Pop Website are made available "as is".
D. You may access Harry & Pop Content, User Submissions and other content only as permitted under these Terms and Conditions.
E. You agree to not engage in the use, copying, or distribution of any of the Harry & Pop Content or User Submissions other than expressly permitted herein, including any use, copying, or distribution of the Harry & Pop Content or User Submissions obtained through the Harry & Pop Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Harry & Pop Website or features that prevent or restrict use or copying of any Harry & Pop Content or User Submissions or enforce limitations on use of the Harry & Pop Website or the Harry & Pop Content or User Submissions therein.
G. You understand that when using the Harry & Pop Website, you will be exposed to User Submissions from a variety of sources, and that Harry & Pop is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Harry & Pop Content that may be inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Harry & Pop with respect thereto, and agree to indemnify and hold Harry & Pop, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Harry & Pop Website.
6. “User Submissions” and User Conduct
A. As a Harry & Pop Website user you may submit content ("User Submissions") from time to time through the functionality of the Harry & Pop Website, including by providing testimonials or reviews. You understand that whether or not such User Submissions are published on the Harry & Pop Website, Harry & Pop does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, and Harry & Pop will have no liability in this regard, to the full extent permitted by law. In connection with User Submissions, you affirm, represent, and/or warrant that:
a. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Harry & Pop to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Harry & Pop Website and these Terms and Conditions;
b. you will not submit any User Submissions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that Harry & Pop may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
c. you will obtain prior consent from any person or owners of any property that may appear in your User Submission;
d. to the extent applicable to your User Submission, your User Submission will reflect your actual, current and valid views and opinions at the time of submission and will not amount to a false testimonial;
e. your User Submission shall not contain viruses or cause injury or harm to any person or entity; and
f. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Harry & Pop, you hereby grant Harry & Pop a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Harry & Pop Website and Harry & Pop's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Harry & Pop Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Harry & Pop Website a non-exclusive license to access your User Submissions through the Harry & Pop Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Harry & Pop Website and under these Terms and Conditions. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Harry & Pop Website. You understand and agree, however, that Harry & Pop may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. If you have any moral rights (or similar rights) in respect of User Submissions that you submit, you consent to Harry & Pop using the User Submissions from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution, however Harry & Pop will not make material alterations to any review or testimonial provided. Immediately on such moral rights beginning to exist, you waive your right to enforce those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Submissions that you submit, you must ensure that they agree to the above before you submit the User Submissions.
E. Harry & Pop does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Harry & Pop expressly disclaims any and all liability in connection with User Submissions. Harry & Pop does not permit copyright infringing activities or infringement of any other intellectual property rights on its Harry & Pop Website, and Harry & Pop will remove any User Submission if Harry & Pop is properly notified that such User Submission infringes on another's intellectual property rights, or if Harry & Pop considers the content to be unsavoury or objectionable. Harry & Pop reserves the right to remove User Submissions without prior notice, at its absolute discretion.
7. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF HARRY & POP PRODUCTS AND SERVICES AND THE HARRY & POP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HARRY & POP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HARRY & POP WEBSITE AND YOUR USE THEREOF OR YOUR USE OF ANY HARRY & POP PRODUCTS AND SERVICES (i.e. HARRY & POP PRODUCTS OR SERVICES). TO THE FULLEST EXTENT PERMITTED BY LAW, HARRY & POP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE HARRY & POP CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HARRY & POP WEBSITE AND THE HARRY & POP PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HARRY & POP WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HARRY & POP WEBSITE. HARRY & POP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HARRY & POP WEBSITE AND HARRY & POP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
HARRY & POP DOES NOT WARRANT THAT THE HARRY & POP WEBSITE, OR THE SERVERS ON WHICH THE HARRY & POP WEBSITE ARE HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, HARRY & POP IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HARRY & POP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HARRY & POP WEBSITE OR HARRY & POP’S PRODUCTS OR SERVICES OR RESULTING FROM THE INITIAL CREATION OF USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HARRY & POP WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HARRY & POP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF HARRY & POP, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO OR DOES LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT HARRY & POP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Harry & Pop, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Harry & Pop Website and the Harry & Pop products and services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Harry & Pop Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Harry & Pop for reasonable business purposes without restriction.