Terms And Conditions

Secretly Scrapbooking sells and creates Goods which requires facilities for Payment.

The following outline and links provide a clear explanation of the Terms and Conditions that apply to the provision of these in addition to any others provided.

We endeavour to keep the Terms and Conditions as current as possible however they may be updated without notice.

This statement was last updated on: 4th February 2019

Index

2. Amendments To Terms And Conditions

3. Terms Of Website, Web Content And Web Application Use

5. Secretly Scrapbooking's Obligation

0. Definitions

"Secretly Scrapbooking", "we" or "our" means Kristel Rimmer Trading as Secretly Scrapbooking under the ABN 42 669 078 223.

"Agreement" means any agreement between Secretly Scrapbooking and the Customer/Client in regards to Secretly Scrapbooking Terms and Conditions and any Statement of Work, written proposal, order or otherwise written agreement including through communication mediums (i.e facebook, e-mail) executed as a part of and in connection to the Goods and/or Services specified herein.

"Confidential Information" means any information relating to the business or financial affairs of a party or any trade secret, technical knowledge, concepts, ideas, designs, programs, processes, procedures, innovations, databases, customer lists or information, sales plans, marketing plans, research, software, records, intellectual property or other information concerning a party.

"Customer", "Client", "you" or "your" means the person accessing Secretly Scrapbooking websites, web content, web applications and/or a party who is purchasing Goods and/or Services from Secretly Scrapbooking, either directly or through a third-party provider.

"Deliverable" means any end product, software, equipment, material, solution, report or document, agreed to be delivered by Secretly Scrapbooking to the Customer in the performance of a Statement of Work, proposal, written agreement, and specifically referred to as a Deliverable in the applicable document.

"Fees" means the fees or the amount payable by the Customer for the Goods and/or Services as specified in any relevant purchase order, Statement of Work, proposal or written agreement, and as indicated in Secretly Scrapbooking's Term and Conditions below or as supplied.

"Goods" means the products described in any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement.

"GST" means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and applies within Australia (GST Act or any replacement or any other relevant legislation and regulations).

"Payment" means the compensation required and agreed to by both parties, and outlined on any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement for a product or as a result of the performance of a service.

"Purchase" or "Purchasing" means the act of buying Goods and/or Services.

"Service" means the delivery or performance of a service described in any online or website based store/shop, purchase order, Statement of Work, written proposal or written agreement.

"Statement of Work" means a document that is agreed to by the parties, that outlines the Goods and/or Services to be purchased, timeframe for Goods and/or Services to be delivered or completed, the relevant fees, payment agreement and any additional information that applies.

"Terms and Conditions" means the term and conditions of supply and/or use as set out in this document and any special Terms and Conditions that are supplied by Secretly Scrapbooking in writing to be agreed upon.

1. Age Restrictions

If you are under the 18 years of age you cannot place orders with Secretly Scrapbooking. By accepting these Terms and Conditions you acknowledge that you are 18 years of age or over. Any transaction initiated by a minor, must be done so with the written and informed consent both of themselves and of the parents and/or guardians of the minor.

2. Amendments To Terms And Conditions

Secretly Scrapbooking reserves the right to change, modify, add or remove portions of these Term and Conditions at any time. Please check these Term and Conditions regularly prior to using our website or purchasing our Goods and/or Services 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 and Conditions govern yours and Secretly Scrapbooking's rights and obligations to each other. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms And Conditions inclusive of the Terms of Use and the Terms of Purchase to remain in full force and effect.

3. Terms Of Website, Web Content And Web Application Use

Terms Of Use

Secretly Scrapbooking owns and operates websites, web content and web applications under the domain names "secretlyscrapbooking.com.au" which is inclusive of any and all subdomains (i.e. shop.secretlyscrapbooking.com.au). By using or accessing our websites you acknowledge that you are at least 18 years old, and are consenting that you have read, understood and agreed to be bound by these Terms and Conditions inclusive of Secretly Scrapbooking's Privacy Policy. If you do not agree to the Terms of Use, please do not use or access our various websites, web content or web applications.

Security

Secretly Scrapbooking takes reasonable steps and care to ensure that the website is secure and free of malicious software. However, Secretly Scrapbooking cannot guarantee that any data or program available for download on its websites, web applications or websites that are linked to that are operated by third parties shall be free of viruses, spyware or other malicious software. You as the user must agree that you assume the risk of any damage to your computer/device or its software as a result of using our websites, web content or web applications.

Third Party Content

Secretly Scrapbooking operated websites and web applications contain information from, or hyperlinks to, websites or web content that is operated/hosted by third parties. Secretly Scrapbooking provides such information, content and hyperlinks for your convenience but is not responsible for and does not endorse the content of any such information, content or website.

Liability

Secretly Scrapbooking provides websites, web applications and their content on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on them. Secretly Scrapbooking will not be liable in contact, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with our websites, web content and web applications.

Your Privacy Is Important

Secretly Scrapbooking is committed to protecting the privacy of everyone who shops or interacts with us. Secretly Scrapbooking's Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".

Your information must be handled in accordance with the Privacy Act 1988, this is detailed on our Privacy statement page via this link.

4. Customer's Obligation

To enable Secretly Scrapbooking to perform its obligations the Customer shall:

Co-operate with Secretly Scrapbooking;
Provide Secretly Scrapbooking with any information reasonably required;
Keep Secretly Scrapbooking notified of their correct name and contact information inclusive of postal address and electronic contact information (i.e. email);
Comply with such other requirements as agreed between the parties verbally, written or otherwise; and
Comply with all legal and statutory requirements - particularly in regards to data protection, confidentiality and intellectual property.

The Customer warrants that they have the necessary rights to use their payment card (i.e. credit, debit or eftpos card) and that they are fully authorised to use it to pay for Purchases, both immediate and future. The Customer also warrants that this card gives access to the sufficient funds corresponding to the amount of the Goods and/or Services they are Purchasing, both immediate and future. Failing this, Secretly Scrapbooking reserves the right to cancel the Purchase according to the conditions set out.

5. Secretly Scrapbooking's Obligation

Secretly Scrapbooking accepts all responsibility for the condition of any goods available for purchase and shall take reasonable measures to ensure that any materials supplied shall be free of defects at the point of dispatch. Keep in mind that handcrafted goods are more susceptable to defects and depending on the materials used, it may not be possible for Secretly Scrapbooking to deliver goods that do not have defects.

6. Goods

Secretly Scrapbooking sells goods to customers through online or web based shops/stores or through Agreements and only within Australia for physical goods. All orders for Goods are subject to confirmation and acceptance by Secretly Scrapbooking with the Goods remaining the property of Secretly Scrapbooking until full payment is received. All prices are provided in Australian Dollars (AUD) and include GST (Goods and Services Tax) as applicable. If you are purchasing Goods through Agreement, Secretly Scrapbooking shall request details about what is required and provide a quotation of price prior to requesting Payment for any goods.

Candles

Putting images on candles is not the same as printing out a photo so the quality of the image will not be as precise. To get the best possible outcome it is recommended to get the best quality photo to start with. Digital images are preferred however it is important that the image is not obtained from an MMS / SMS message as this reduces the image quality. Ideally the image should be larger than 1.5MB in size, uncropped and should be sent via e-mail. If you do not or are unable to provide a photo of a reasonable quality then we cannot offer rework, replacements or refunds when an image is too distorted or blurry.

Candles are made from wax which can, at the time of casting the candle, have latent imperfections which cannot be seen before we work on the candle. Candles are also soft making them susceptible to damage and hence Secretly Scrapbooking cannot guarantee that all candles will be without minor imperfections. We endeavor to obtain and use candles that have few imperfections but it isn’t always possible to do so. Given these circumstances we advise that we will only rework, replace or provide refunds where imperfections are significant.

7. Price And Payment

All orders for Goods and/or Services placed with Secretly Scrapbooking requires payment in full as per the Terms and Conditions relating to the supply of the Goods or in accordance with the applicable Agreement. The requirement for partial, incremental or full repayment may be varied by Secretly Scrapbooking at its discretion as outlined in the Terms and Conditions or Agreement. Payment in arrears (late payments) will only be permitted with prior written agreement from Secretly Scrapbooking. Payment can be made by cash, bank transfer (inclusive of through selected payment providers), approved credit / debit cards online, over the phone or in person within the bounds of Australian Law however restrictions on available payment methods will apply to online sale of Goods. Secretly Scrapbooking will issue a record of payment in electronic or paper form to the customer and an administration charge will apply for any further requests for copies. Secretly Scrapbooking reserves the right to modify, update or run sales/promotions/discount offerings on any Goods and/or Services at any time and without notice. Secretly Scrapbooking reserves the right to change the price or Terms and Conditions of any Goods and/or Services at any time. The price committed to at the time of an order or Agreement for any Goods and/or Services shall not be changed and no refund shall be provided for any difference in price should the price decrease afterwards.

Payments may be processed through third party providers for online, over the phone and direct debit payments. The third-party providers are required to complete transactions within a secure environment that is compliant with Secretly Scrapbooking's security standards.

Over The Phone And In Person Payment

Payments for Goods and/or Services excluding online or web based sale of Goods may be processed over the phone or in person at our premises using cash or credit/debit card.

Online Or Web Based Immediate Payment

Secretly Scrapbooking's online payments are processed through a payment provider, namely Paypal and/or Square. Paypal and Square handle credit card transactions through their infrastructure to allow them to provide the highest level of security. Paypal and Square apply fees and surcharges to payments, however, Secretly Scrapbooking absorbs these costs unless you are explicitly informed otherwise. Secretly Scrapbooking utilises SSL encryption on Secretly Scrapbooking websites and web applications as standard which provides some level of protection for any activities conducted on the website prior to redirections.

Price Adjustment

Secretly Scrapbooking reserves the right to increase Fees and Charges on any selected Good and/or Service, provided there is not a current signed Agreement or Order that states otherwise.

Refunds

Secretly Scrapbooking is committed to providing Goods to clients to the quality expected of our business. Secretly Scrapbooking understands that there may come a time where we fail to meet this expectation and we are happy to work with the Customer to resolve the issue within 10 business days. Where it is not possible to resolve the issue with a Good and/or Service or within the specified timeframe we may offer the Customer the option to receive a full or partial refund. A full or partial refund shall only be provided if the issue constitutes a major problem as defined by the ACCC or if deemed appropriate by Secretly Scrapbooking. Please be aware that Secretly Scrapbooking does not offer refunds for donations as it is money provided without condition and they can be placed without identifying information.

Secretly Scrapbooking takes the refund process seriously and any client requesting a refund should submit their request via e-mail to secretlyscrapbooking@gmail.com. The e-mail should include any information you have available regarding the Good, generic payment method information (please do not indlude credit card or account numbers), the reason for the requested refund and appropriate contact details. Secretly Scrapbooking shall contact the Customer regarding the requested refund and if there it is agreed to process the refund, this will be carried out within 10 business days. The Customer will be provided with a receipt for the refund via e-mail once the refund transaction has been processed.

Should you wish to inform yourself of your rights with regards to refunds for Goods and/or Services, you may visit the ACCC website via this link.

8. Agreement Termination

This section determines the Terms and Conditions relating to an Agreement being terminated by either party.

Breach

Either party may terminate an Agreement immediately by written notice to the other party if the other party breaches any provision of an Agreement, and the breach has not been remedied within ten (10) business days after written notice of the breach has been provided to the offending party.

Failure To Pay, Insolvency And Cessation Of Business

Either party may terminate an Agreement immediately by written notice to the other party if the other party:

(a) fails to make a payment within the time period specified under the Agreement;
(b) becomes, threatens or resolves to become Insolvent; or
(c) ceases or threatens to cease conducting business in the normal manner.

Convenience

Either party may terminate an Agreement by providing seven (7) days advance written notice to the other party and in the case of Customer, paying in full all amounts due and owing hereunder, without liability to pay any Termination Fee, except where the Agreement specifies such a Fee. In the case that Goods are being constructed, labelled, modified or made, these shall be considered "personalised" or "unique" and hence Payment for these Goods will be included in amounts due.

9. Consequence Of Termination

Payments On Termination

Upon termination of an Agreement, the Customer shall pay to Secretly Scrapbooking any outstanding amounts (either billed or accrued) which are payable to Secretly Scrapbooking as of the date of termination.

Return Of Information On Termination

Upon termination of an Agreement, each party must return, or destroy, at the other party’s option, all copies of documentation and information relating to the other party’s business (in whatever form it is held including but not limited to written, graphic or electromagnetic form) in that party’s possession or control. Such information includes, without limitation, any Confidential Information and any records relating to a party’s Intellectual Property, excepting when the law states otherwise.

Effect Of Termination

Termination of an Agreement will not prejudice any rights or any claim that either party may have accrued against the other party up to the date of termination including, without limitation, any claim for damages as a result of the occurrence of an event which gives rise to a right of termination.

10. Privacy

Your information must be handled in accordance with the Privacy Act 1988, this is detailed on our Privacy statement page via this link.

11. Intellectual Property

All intellectual property rights in Goods, products, software, documents and materials generated by Secretly Scrapbooking in connection with the engagement of Secretly Scrapbooking shall be owned by Secretly Scrapbooking. If any Good or Product includes software or other intellectual property, such software or other intellectual property provided by Secretly Scrapbooking to the Customer is subject to the copyright and user license, if any, for such Products, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. The Customer acknowledges and understands that any Products ordered or to supplied to the Customer, by Secretly Scrapbooking from a third-party provider constitutes that Secretly Scrapbooking is not liable to Customer or any third party for any copyright, design or patent issue, right or claim that may arise in relation to any Product.

12. Copyright

This term applies to any and all websites, web content or web applications that Secretly Scrapbooking owns and operates.

Ownership Of Website Content

Secretly Scrapbooking owns or is licensed to use all content and other material appearing on or hosted through websites or web applications that it owns and operates. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Secretly Scrapbooking. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Secretly Scrapbooking or of the relevant trade mark owner.

If you believe copyright work that is available on this site constitutes copyright infringement or a breach of agreed licence or contract please contact us via e-mail to secretlyscrapbooking@gmail.com

Our Notice Of Copyright

All material including written content, images, electronic and through any other medium, can only be used in the format for which Secretly Scrapbooking issues them and cannot be used in any other format other than how it has been supplied. Any unauthorised use of the materials contained on this site is prohibited. No part of this work or may be reproduced, stored in a retrieval system, communicated or transmitted in any form by any means without prior permission. Aforementioned means is inclusive of electronic, mechanical, photocopying, recording or otherwise. Where any such copies are considered reasonable and necessary Secretly Scrapbooking will provide written permission unless required for commercial use and such requests would be declined.

13. Exclusion Of Competitors

If you are in the business of creating similar documents, Goods and/or Services for the purpose of providing them for a Fee or in exchange for any other form of commercial exchange to users, whether they be business users or domestic users, then you are a competitor of Secretly Scrapbooking. Secretly Scrapbooking expressly excludes and does not permit you to use or access our websites or web applications (directly or indirectly), to download or duplicate any designs, documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Secretly Scrapbooking 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. Secretly Scrapbooking reserves the right to exclude and deny any person access to our websites/web applications, services or information at our sole discretion.

14. Disclaimer Of Warranties

The Goods and/or Services are provided "as is" and with all faults. In particular, Secretly Scrapbooking does not represent or warrant that the Goods and/or Services or deliverables will meet the Customer's requirements or will be uninterrupted, timely, secure or error-free. To the maximum extent permitted by law, Secretly Scrapbooking disclaims any and all warranties or conditions of any kind, whether express, implied or statutory, including, but not limited to, warranties or conditions of merchantability and fitness for a particular purpose. If, and to the extent any warranties or conditions cannot be excluded, restricted or modified, Secretly Scrapbooking's sole and exclusive liability and the Customer's sole and exclusive remedy in respect of any claim under such warranty or condition shall be, at the option of Secretly Scrapbooking, supplying the Goods and/or Services again or refunding to the customer all amounts paid by the Customer for the affected Goods and/or Services.

15. Limitation Of Liability

Nothing in these Terms and Conditions shall exclude or limit the liability of Secretly Scrapbooking for death or personal injury. However, Secretly Scrapbooking shall not be liable for any direct loss or damage suffered by the Customer howsoever caused as a result of negligence, breach of contract or otherwise in excess of the price of the Goods and/or Services.

Secretly Scrapbooking shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

Secretly Scrapbooking does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information.

16. Consequential Loss

To the maximum extent permitted by law, under no circumstances will Secretly Scrapbooking be liable to the Customer on account of any claim (whether based in contract, negligence or other tort, breach of any statutory duty or otherwise) for any special, consequential, indirect, incidental or exemplary damages, or for any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to the Customer or the Customer's business, or for any damages or sums paid by the Customer to third parties, even if Secretly Scrapbooking has been advised of the possibility of such damages. In the event of any breach by Secretly Scrapbooking of this agreement that results in direct damages Secretly Scrapbooking's liability for such damages shall not exceed the total amount paid by the Customer to Secretly Scrapbooking hereunder.

17. Force Majeure

Secretly Scrapbooking shall have no liability to the Customer if we are prevented from or delayed in performing our obligations under any Agreement or from carrying on our business by acts, events, omissions or accidents beyond Secretly Scrapbooking's reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of or the workforce of a supplier or any third party), failure of a utility service or transport network, act of God, inclement weather war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

18. Waiver

Failure of either party to insist upon strict performance of any provision of Terms and Conditions, any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under Terms and Conditions or any Agreement. No waiver of any of the provisions of Terms and Conditions or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.

19. Governing Law

Secretly Scrapbooking provides Goods, Services and hosts/operates its websites, content and web applications from within Australia, specifically Western Australia. The laws of Western Australia govern these Terms and Conditions, and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. You agree to be responsible for compliance with applicable local laws if you purchase or access our goods, services, websites, content or web applications outside of Australia.