Terms and Conditions
TERMS & CONDITIONS
These terms and conditions (T&C’s) describe the terms and conditions which you accept by using this Website owned by Handy Hangouts. The capitalised words in these T&C’s have the meanings set out in clause 2 below or as defined throughout these T&C’s. Please take the time to read these T&C’s before navigating the Website.
- The Website is owned and operated by Handy Hangouts. Before using the Website, you must read and accept all of the terms in, and linked to, these T&C’s. You should also review all of the policies included on the Website.
- By using the Website, you acknowledge that you have read and understood these T&C’s. We may from time to time make changes to the Website, or add to the Products contained on the Website and the information described. Where possible, we will use reasonable endeavours to notify users that have left their contact details if certain amendments may have a material adverse effect on your use of the Website. For completeness, we encourage you to check the Website periodically to ensure you are aware of our current T&C’s.
- If you do not accept these T&C’s in full (or if you lack the capacity to accept these T&C’s), you must not access or use the Website.
Where used in these T&C’s:
Assembly Instruction Manual means the set of instructions for the assembly and installation of the Product.
Delivery Fee means the fee charged by Handy Hangouts or a third party in respect of the delivery of Products.
Handy Hangouts, us, we or Company means Bevarna Beverages Pty Ltd ACN 674 287 042.
Order means any order for any Product submitted through the Website.
Privacy Policy means the Handy Hangouts Privacy Policy amended from time to time and available at https://handyhangouts.com/policies/privacy-policy
Product means a good or service that is advertised for sale on the Website.
Robotic Process Automation means the use of robotic or automated processes to elicit or determine client login details for access to secure online platforms by automated software- based processes, artificial intelligence, synthetic users, bots or screen scrapers to enable them to:
- view or extract any data;
- create derivative data;
- store data; or
- execute code-based or web-based actions or translations.
T&C’s means this document containing the terms, conditions and notices relevant to your use of the Website.
User, you or your means an individual who visits or orders Products through the Website.
Website means the existing and future websites operated by Handy Hangouts and available at handyhangouts.com and any of its regional or other domains or properties, and includes any related service, tool or application, specifically including mobile web, any iOS application and any Android application, or other access mechanism.
- Any links or frames connecting the Website with other websites or third-party applications or services are for convenience only and do not mean that Handy Hangouts endorses or approves those responsible for those other websites applications or services or the information accessible from them.
- the accuracy, reliability, availability, veracity, timeliness or content of the Website;
- whether the Website will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- the quality or fitness for purpose of the Website or any goods supplied by us through the Website, or whether any services provided by us will be rendered with due care and skill;
- whether the Website or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website; or
- the Website or infrastructure on which it is based being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
- To every extent permitted by law, we specifically disclaim any implied conditions, warranties, representations, or other terms as to title, merchantability, fitness for a particular purpose, hidden defects, quality, suitability and non-infringement.
- You agree that you will use the Website in accordance with all applicable local, state, national and international laws, rules and regulations.
- You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other inappropriate way or in a way which conflicts with the Website or the services that Handy Hangouts provides.
- While using the Website, you will not attempt to or otherwise do any of the following:
- post content or items which are inappropriate;
- infringe any laws, third party rights or our policies,
- fail to deliver payment for any Products or other goods or services delivered by us to you;
- undertake or facilitate or assist any other person to undertake any Robotic Process Automation with respect to any of the information set out on the Website;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Handy Hangouts;
- post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Handy Hangouts, the Website, or the interests or property of other Users (including any intellectual property rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate content from our Website without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- copy, modify or distribute rights or content from the Website or Handy Hangout’s copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
- We will only deliver Products ordered to a location where our third-party logistics suppliers are able to deliver goods, subject to the payment of a Delivery Fee (where applicable). You may receive multiple deliveries for your Order. The delivery of your Products may be subject to additional terms and conditions of third-party logistics suppliers such as Australia Post.
- You may obtain further information on the Website about our delivery timeframes and how our third-party logistics suppliers deliver your Products. At the time you select your Products you may be given an option to select a timeframe for delivery. All delivery timeframes provided at the time of your Order are indicative only, and actual delivery times may be delayed due to traffic or other unforeseen circumstances, and Handy Hangouts will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
- Risk and title to the Products passes to you on the later of:
- payment for those Products;
- By purchasing a Product through our Website, you acknowledge and agree that you must only install and use the Product in accordance with the Assembly Instruction Manual and these T&C’s. You also acknowledge and agree that you must exercise a reasonable standard of care when installing and using the Product and must pay attention to the warnings and disclaimers contained within the Assembly Instruction Manual, which include but are not limited to:
- not placing any hot or abrasive surfaces on the Product;
- not having any components of the Product directly touching the glass;
- not placing any objects exceeding 7.5kg of weight on the Product;
- not leaning or placing any children on the Product; and
- removing the Product during inclement weather – strong wind, rain or other weather conditions could damage the Product or surrounding property.
- You accept that Handy Hangouts is not responsible for any injuries, loss or damage that may arise by virtue of your installation and use of the Product, including but not limited to any fallen or broken items or breaches of any strata laws. It is your responsibility to make sure that you have the required permissions or authorisation to install the Product in the location you choose.
- the purchase price of each Product that is ordered (including any GST);
- the Delivery Fee provided to you at the time you selected the relevant delivery window when placing your Order; and
- any other fees and charges set out in these T&C’s.
- We want you to love the products you buy from Handy Hangouts. If you change your mind, you may return the Product to us within 30 days of the date you received it and we will issue you with a store credit. Products returned for change of mind reasons must be in 'as-new' condition and packaged securely in the original packaging. This means you have not used or assembled the Product.
- We may suspend or limit your access to the Website at any time without reason. Without limiting the foregoing, we may close, suspend or limit your access to the Website.
- if we determine that you have breached, or are acting in breach of, these T&C’s;
- if we determine that you have infringed legal rights or applicable laws (resulting in actual or potential claims), including infringing any intellectual property rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities
- to manage any risk of loss to us, a User, or any other person; or
- for other reasons.
- If we suspend or limit your access to the Website due to your breach of these T&C’s, you may also become liable for certain losses or damages as described in these T&C’s. Without limiting our other remedies, to the extent you have breached these T&C’s, and we have suffered loss, you may be liable to us for losses and damages sustained as a result of your breach of these T&C’s.
- You acknowledge and agree that:
- the damages that we will sustain as a result of your breach of these T&C’s will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; and
- if you breach these T&C’s, we may take legal action against you to recover losses.
- In the event that we close, limit or suspend your access to the Website, you will have no claim whatsoever against us in respect of any such suspension, termination or closure of your access to the Website.
- You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website or any User information and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities).
- To every extent permitted by law, we specifically disclaim any implied conditions, warranties, representations, or other terms as to title, merchantability, fitness for a particular purpose, hidden defects, quality, suitability and non-infringement.
- The logos and trademarks included on this site are owned or licensed by the Company. Use of these logos and trademarks is strictly prohibited except with our express, written consent.
- be of acceptable quality and not be faulty or unsafe;
- match their description; and
- be fit for their intended purpose.
- Nothing in these T&C’s is intended to limit or exclude your rights as a consumer under the ACL.
- You are entitled to a replacement or refund for a major failure, and for compensation for any other reasonably foreseeable loss or damage caused by our Products. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- LIMITATION OF LIABILITY
- Except to the extent you have rights under the ACL or we expressly provide any additional warranties, we exclude, to the fullest extent possible under law, all implied terms and warranties of any kind relating to the subject matter of these T&C’s.
- Except to the extent we are required to be liable by law, we will not be liable in contract, tort or otherwise for any loss, damage, costs or expenses including without limitation, consequential, special, incidental or exemplary damages of any kind or for loss of profits, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by you, arising directly out of or in connection with these T&C’s.
- Without limiting the above and to the extent permitted by law, our liability to you for losses you suffer arising out of or in connection with these T&C’s:
- will be reduced or limited to the extent (if any) that you cause or contribute to the losses;
- is strictly limited to the total dollar amount of the products purchased by you in relation to which your loss has arisen, except that this will not apply to the extent that your losses are caused or contributed to by our acts or omissions.
- Use of information you have provided us with, or that we have collected and retained relating to your use of the Website, is governed by our Privacy Policy. By using the Website and the services associated with the WebSite, you are agreeing to our Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, [click here].
- All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of the Website will be confidential due to the potential ability of third parties to intercept and access such information.
- We reserve the right to terminate these T&C’s with you at any time by giving you one (1) days’ notice in writing.
- Without prejudice to any other rights at general law or contained in these T&C’s, we may immediately terminate these T&C’s by notice in writing to you upon the occurrence of one or more of the following events:
- you commit a breach of the terms of these T&C’s;
- you cease or threaten to cease to carry on business;
- you fail to meet your debts as they fall due;
- an administrator is appointed or a resolution is passed or any steps are taken to appoint, or to pass a resolution to appoint, an administrator to you;
- a receiver, a receiver and manager, official manager, trustee, administrator or similar officer is appointed over your assets or undertakings; or
- you enter into or resolve to enter any arrangement, composition or comprise with, or assignment for the benefit of your creditors or any class of them other than for the purpose of amalgamation or reconstruction.
- If a dispute arises between you and us, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at info@handyhangouts.com. You agree that if you have a concern, issue or complaint with the Website or the Products, you will advise us of such concern, issue or complaint and provide us with a reasonable opportunity to reply (which in any event will be no less than 5 business days) and that you will not publish any material in any public forum or advise any third party of such an issue, concern or complaint prior to following this process.
- If a dispute arises in connection with these T&C’s, a party to the dispute must give to the other party or parties to the dispute notice specifying the dispute and requiring its resolution under this clause 21 (Notice of Dispute). The parties must use reasonable endeavours to negotiate with a view to resolving the dispute within two (2) weeks of the date of the Notice of Dispute. If the dispute is not able to be resolved following this process of dispute resolution, either party may take such further legal action or commence proceedings in relation to the dispute or claim as they determine is appropriate.
- All claims you bring against us must be resolved in accordance with these T&C’s. All claims filed or brought contrary to these T&C’s shall be considered improperly filed and a breach of these T&C’s. Should you file a claim contrary to these T&C’s, Handy Hangouts may recover its legal fees and costs, provided that Handy Hangouts has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- You agree that you will not pursue any claims arising under these T&C’s on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
- If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Handy Hangouts will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these T&C’s.
- In relation to disputes with any other Users of the Website, you agree to release and indemnify Handy Hangouts, its officers, employees, agents and successors from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
- Nothing in these T&C’s creates a partnership, joint venture, agency, franchise or employment relationship between Handy Hangouts and any User. Nothing in these T&C’s shall in any way be construed as forming a joint venture, partnership, employer-employee or franchisor-franchisee relationship between Handy Hangouts and any User.
- These T&C’s are governed by the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales. By agreeing to theses T&C’s you submit to the non-exclusive jurisdiction of New South Wales. Our Website is available only to people who can form legally binding contracts under applicable law.
- Legal notices can be served to the email address, phone number, address or other contact details you provide to Handy Hangouts when making an Order. Notice will be deemed given immediately after we send an email or SMS/MMS to you, unless we are notified that the email address or phone number is invalid or that the email/SMS/MMS has not been delivered. Alternatively, we may give you legal notice by mail to any address registered against your Order. In such case, notice will be deemed given two days after the date of mailing. Any notice to Handy Hangouts must be given by registered ordinary post (of if posted to or from a place outside Australia, by registered mail).