SIDESHIFT – TERMS & CONDITIONS

 

1. INTRODUCTION

 

• Welcome to the Sideshift website located at https://www.sideshift.com.au/ (“Sideshift Site”) which is owned and operated by SIDESHIFT PTY LTD (“We/Us/ Our”).

 

• Please read these Terms & Conditions carefully. By accessing or using the Sideshift Site, you become a User and you agree to be bound by these Terms & Conditions and our Privacy Policy located at www.sideshift.com.au. These Terms & Conditions constitute a legally binding agreement between you and us (“Agreement”).

 

• We reserve the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in our absolute discretion, limit or expand the services available via the Sideshift Site, without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use the Sideshift Site.

 

1. DEFINITIONS

 

• For the purpose of these Terms & Conditions the following definitions apply:

 

“Account” means a Sideshift account set up by a User;

“Checkout” means the process outlined in Clause 4.1;

“Data” means any data or information inputted by a User into the Sideshift Site;

“Fees” means any and all shipping, transaction, tax and/or other applicable charges which may apply to an Order;

“Guest” means a User that has placed an Order via the Sideshift Site as a guest without an Account;

“Listing” means the listing of a Product on the Sideshift Site, including the Product price, description and availability;

“Payment” means the amount payable to us for the purchase of a Product, including any Fees;

“Order” means an order placed by a User for a Product before such Product is dispatched; and

“Product” means a product made available for purchase via the Sideshift Site.

 

1. USER ACCOUNT

 

• A User may create an Account by completing the account sign up process via the Sideshift Site, either during Checkout or at any time while using the Sideshift Site. The User is solely responsible for maintaining the confidentiality of their Account and Account password.

 

• The Account gives the Account holder access to features including saving personal details and multiple shipping addresses, access to the User’s purchase history, tracking of dispatched Products, saving Products to a wishlist, and receiving email updates on selected Products, promotions and/or discounts offered on Sideshift.

 

1. CHECKOUT & PAYMENT

 

• A User may place an Order by adding the Product to its cart and checking out by either entering its contact and shipping details as a Guest or via their Account. The User will then select its shipping method and proceed to submit Payment through the applicable payment method.

 

• We will not be held liable for any loss and/or damage resulting from errors made by a User during Checkout.

 

• Payment will be made via credit card of alternative available payment methods. We will not be responsible for any Payment processed (or not processed) and may offer other methods for Payment from time to time.

 

• All Payments will be charged in Australian dollars. Payment may be subject to taxes, import duty, formal customs fees, the exchange rate applied by payment providers and/or other applicable charges (“International Charges”). The User is solely responsible to pay any International Charges that the User may incur in purchasing a Product.

 

1. DELIVERY

 

• Once the Order is accepted and Payment has been received by us, Products will be posted to the User according to the shipping details provided by the User in Checkout (“Delivery”).

 

• It is the User’s sole responsibility to ensure the shipping details for Delivery are correct.

 

• All Deliveries are carried out by third party delivery agents, and we will not be held liable for any loss and/or damage associated with a Product once a Product has been dispatched by us including any delay and/or failure in Delivery. We will do our best to work with customers on investigating shipping issues.

 

1. ORDER CHANGES & CANCELLATIONS

 

• The User agrees that we reserve the right (before or after an Order is placed) to correct any errors, omissions and/or inaccuracies in relation to a Product and/or Listing, and in the event that such corrections affect an existing Order, we will notify the relevant User and the User may either accept such corrections or cancel the Order.

 

• We reserve the right to cancel your Order, including for the following reasons:

• A Product is not available for any reason;
• There were errors in the Listing at the time an Order was placed; and/or
• There are technical errors in processing an Order.

 

• The User may make a request to us to change or cancel its Order, and we, in our sole discretion, may either accept or deny such request including where a Product has been dispatched for

 

• If we cancel an Order in accordance with Clause 6.2 above, we will notify the User and return the Payment made via the payment method that was used in Checkout. 

 

1. REFUNDS AND EXCHANGES

 

• If the User has received an incorrect, faulty and/or damaged Product, the User may make a request for a refund or exchange by contacting us at hello@sideshift.com.au within fourteen (14) days after the day an Order was placed and following our returns procedure (“Returns”).

 

• To the fullest extent permitted by law, we do not offer Returns on sale Products for a change of mind.

 

1. TERMINATION & SUSPENSION

 

• If we determine the Account holder is in breach of this Agreement, we, in our sole discretion and without notice, have the right to limit access, suspend or terminate the Account and refuse any and all current or future use of the Account. Such termination shall not release the Account holder of any obligations existing at the time their Account is terminated. In addition to terminating the Agreement, we will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.

 

• The Account holder has the right to terminate or suspend their Account via their Account’s page, by emailing us at hello@sideshift.com.au.

 

• The following sections of these Terms & Conditions will survive termination: Payment; Refunds and Exchanges; Termination & Suspension; User Conduct; User Warranties; Intellectual Property Rights; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

 

1. USER CONDUCT

 

• The User must not (and must not allow a third party to):

• use the Sideshift Site in any manner that could damage, disable, overburden, or impair the Sideshift Site;
• attempt to gain unauthorised access to any parts of the Sideshift Site;
• interfere or attempt to interfere with the proper working of the Sideshift Site’s software;
• analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Sideshift Site;
• transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Sideshift Site; and
• Use the Sideshift Site in a defamatory, abusive, harassing or threatening manner and/or for any purpose that is unlawful or is prohibited by these Terms & Conditions.

 

• We reserve the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website which is linked to or from the Sideshift Site.

 

1. USER WARRANTIES

 

• The User warrants:

• That all Data it uploads to the Sideshift Site is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with our privacy, data or computer systems;
• If the User is using the Sideshift Site or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organisation, the User represents and warrants that they have the power and authority to bind such person or entity to the terms of this Agreement; and
• That we will not be in any way liable to the User or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for loss of money, goodwill, reputation or Data arising from the User’s use of the Sideshift Site.

 

1. INTELLECTUAL PROPERTY RIGHTS

 

• The Sideshift Site, including but not limited to all trade marks, underlying software, code, design, text, graphics, footage, photographs, sound recordings, musical works and other files are owned by, controlled by, or licensed to us (“Materials”). All rights are reserved. No Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without our prior written consent.

 

1. INDEMNITY

 

• The User hereby indemnifies us, our officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of the access and use of the Sideshift Site and/or any breach or alleged breach of this Agreement by the User.

 

• Should we, in our sole discretion, determine that the User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict our right to pursue any of our legal and/or other remedies, including, without limitation, court action.

 

1. NO WARRANTIES AND LIMITATION OF LIABILITY

 

• The Sideshift Site is provided on an "as is" basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Sideshift Site for a particular use, accessibility or warranties that access to or use of the Sideshift Site will be uninterrupted or error-free. We do not represent that the Sideshift Site will be secure or free of viruses or other harmful material or elements, or that any Materials will be correct, accurate, timely or complete.

 

• To the fullest extent permitted by law, we have no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the Sideshift Site, including but not limited to any loss or damage arising from a Delivery; any errors made in an Order, Checkout and/or Listing; changes and/or cancellations to an Order; and/or the termination or suspension of any Account.

 

• Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. The User may be entitled to a replacement or refund for a major failure of a Product. The User may also be entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

 

1. ASSIGNMENT

 

• The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without our prior written consent. We reserve the right to assign the provisions of this Agreement at any time.

 

1. GOVERNING LAW AND JURISDICTION

 

• These Terms & Conditions and the access and use of the Sideshift Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Sideshift Site, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Sideshift Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Sideshift Site, the User hereby submit to the jurisdiction of such courts for such purposes.

 

• Users are solely responsible for compliance with any applicable laws of the country from which they access the Sideshift Site.

 

1. GST

 

• All amounts payable under these Terms & Conditions are deemed to be inclusive of any applicable goods and services tax unless otherwise stated.

 

1. ENTIRE AGREEMENT

 

• This Agreement shall constitute the entire agreement and understanding between the User and us concerning the subject matter hereof and supersedes all prior agreements and understanding of User and us with respect thereto.

 

• If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.