No.One Network Website Terms

Thank you for choosing No.One Network.

The following terms and conditions (Terms) form a legally binding agreement between you and No.One Network Co Pty Ltd ACN 631 588 228 (No.One Network, we, us).  These Terms apply to your access and use of this website (www.no1network.co/), including the purchase of all clothing, hats, bags and other merchandise we make available for purchase on this website (Products).

By clicking “I accept” when ordering any Product, or otherwise accessing or using this website, you acknowledge that you have read and understood these Terms and agree to be legally bound by them.  If you do not agree to be bound by these Terms, you must not click “I accept”, access or use our website, or order any of our Products. 

You should check this page regularly to note any changes we may have made to the Terms. Your continued use of our website after the effective date of the change constitutes your agreement to the updated Terms.

  1. Your warranties and obligations 
    1. By placing an order on our website you represent and warrant that:
      1. if you place an order as an individual, you have legal capacity to enter into this agreement;
      2. if you place an order on behalf of a company, you are authorised to bind that company to these Terms; and
      3. all details you provide to us for the purpose of purchasing the Product, including payment details, are true, correct and submitted in good faith.
    2. You agree to comply with these Terms and all laws and regulations applicable to the use of our website and the purchase and use of our Products.
  2. Pricing and Product details
    1. You may use our website to browse and purchase Products. Availability, prices and specifications for Products on this website are subject to change.
    2. Unless otherwise indicated on this website:
      1. all prices are in Australian dollars and are inclusive of GST; and
      2. all delivery costs are to be paid by you and are not included in the price.
    3. Where we provide images of Products on this website, they are intended as a guide only and we do not guarantee that our Products will exactly match those pictured on this website. For example, the appearance of colour of a piece of clothing may differ slightly when viewed online from the colour when viewed in person.
    4. If we incorrectly price or describe a Product and you make an order, we will contact you to let you know and we will give you the opportunity to cancel your order with a full refund.
  1. Availability
    1. We will endeavour to supply all Products published on this website and to remove Products as they become unavailable. However, we do not guarantee availability. Where a Product you order is unavailable, we will notify you and give you the opportunity to cancel your order with a full refund or put the Product on backorder if we are out of stock (at your election).
  2. Orders
    1. When you make an order, you are offering to enter into an agreement to purchase the Products set out in your order.  Unless otherwise agreed, you must pay for the Products in full, including any applicable delivery costs, at the time of check out.
    2. After you have completed the checkout process on our website, we will send you an email confirming the details of your order and a receipt. We will send you a confirmation email once your Products have been dispatched, which will also include details of the estimated time frame for delivery.
    3. If you would like to modify or cancel your order, please let us know as soon as possible with reasons for the change. We cannot cancel or modify orders after dispatch.
    4. We may cancel your order prior to dispatch if:
      1. there is a problem with your order, such as an issue concerning price or availability, or insufficient payment or delivery details;
      2. we are unable to supply the Product to you within a reasonable time frame; or
      3. your payment has been dishonoured or reversed.
    5. If we cancel your order, we will notify you and provide you with a refund (if we have received payment from you).
  3. Payment
    1. We use third party gateways, such as PayPal or Stripe, to process payments for purchases made on our website. 
    2. You represent and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product.  We reserve the right to obtain validation of your payment details before providing you with the Product.
    3. If your payment is dishonoured or reversed for any reason after it has been submitted but before the Product has been dispatched, you must immediately make the payment again.  We reserve the right to delay processing your order or dispatching the Product until we receive full payment.
  4. Delivery
    1. We may use third party couriers to deliver the Products you order. Accordingly, delivery times may be impacted by shipping and other factors outside of our control and we cannot guarantee delivery times.  Any dispatch times and delivery dates we provide are estimates only.   
    2. You must provide us with a valid delivery address for the delivery of the Products.  You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address. 
    3. Title to the Product you have purchased transfers to you once we have received full payment for the Product. Risk in the Product transfers to you once we have dispatched the Product. We are not responsible for damage to Products in transit.
  5. Returns and refunds
    1. We only accept returns as set out in this clause 7 or as required under Australian Consumer Law or other laws that cannot be lawfully excluded. It is your responsibility to assess the suitability of our Products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
    2. If you believe you have received the wrong Product, please let us know within two business days and return the Product to us in its original packaging. 
    3. We reserve the right to inspect the returned Product before determining whether a replacement, repair or refund is offered. We may refuse your request for an exchange or refund if the Product has been dealt with, or used contrary to the instructions provided.
  6. Liability and the Australian Consumer Law
    1. Any conditions, rights, warranties or guarantees implied by law into these Terms are expressly excluded to the extent permitted by law, but nothing in these Terms excludes any right or guarantee the Customer may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) and any equivalent state or territory legislation or other rights in relation to the supply of goods or services that cannot lawfully be excluded.
    2. If the Australian Consumer Law applies to any of the goods or services we provide to you under these Terms, our Liability to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
      1. in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
      2. in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired.
    3. Subject to clause 8.1, to the maximum extent permitted by law, our total Liability and the total Liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the Product to which your claim relates. 
  7. Indemnity
    1. You agree to release, hold harmless and indemnify us and our Indemnified Officers against any Claim or Liability arising from or in relation to your breach of these Terms, including the warranties and obligations set out at clause 1.
  1. Website access and third party links
    1. Access to this website is permitted on a temporary basis, and we reserve the right to amend or take down this website at any time without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our website.
    2. This website may contain links to other websites (Linked Sites) which are not operated by us. We have no control over the Linked Sites and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  2. Intellectual property
  3. All material on this website, including the text, information, graphics, logos, design, layout, downloads, videos, pricing, products and Services (Content) is owned by or licensed to No.One Network.  You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or copies of the Content supplied to you for any purpose, without our prior written consent, or as permitted by law. 
  4. Your conduct when using this website
    1. You must not:
      1. use the website in breach of any laws or regulations;
      2. use the website to harm, abuse, harass, stalk, threaten or offend others;
      3. interfere with or disrupt the website; or
      4. attempt to affect the performance or functionality of any computer facilities of, or accessed through, the website.
    2. Without limiting the above, you must not and must not permit a third party to:
      1. use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
      2. use, obtain, or attempt to obtain from the website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or
      3. do anything which will or may damage, disrupt access to or interfere with the proper operation of the website.
    3. We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than No.One Network. 
    4. You agree to indemnify us and each of our Indemnified Officers in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of your failure to comply with any of these Terms.
  5. Violations
  6. We take reports of copyright infringement seriously.  If you find any content on our website that is incorrect or offensive, or suspect that the content infringes your intellectual property rights, please notify us by contacting us using the details below.
  7. Disclaimer
  8. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any third party content or third party website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. 
  9. Privacy Policy
  10. Our privacy policy is incorporated into these Terms.  By using our website, or otherwise providing us with any of your personal information, you agree to No.One Network handling your personal information in accordance with our privacy policy, the current version of which may be viewed at [Insert URL to privacy policy on No.One Network website].
  11. Governing law and jurisdiction
    1. These Terms are governed by the laws of Queensland, Australia, and the parties submit exclusively to the courts of that jurisdiction.
  12. Severability
    1. If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.
  13. Definitions and Interpretation
    1. In these Terms the following capitalised terms have the following meanings:
      1. Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
      2. Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
    2. The following rules of interpretation apply unless the context requires otherwise:
      1. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
      2. headings and italicised, highlighted or bold type do not affect the interpretation of these Terms;
      3. the singular includes the plural and the plural includes the singular;
      4. other parts of speech and grammatical forms of a word or phrase defined in this these Terms have a corresponding meaning;
      5. a reference to these Terms or another document includes any variation, novation, replacement or supplement to any of them from time to time;
      6. a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing; and
      7. specifying anything in these Terms after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary.
  14. Contact
    1. If you have any queries regarding these Terms, please contact us by email at kyelgolly@no1network.co.

These Terms were last updated on 2 July 2021

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