Terms and Conditions
Here is all the nitty gritty for the use of this website
1. Acknowledgement and Acceptance
1.1. These Terms and Conditions (“T&Cs”) govern your access and use of our website (located at www.shoalhavensnakecatchers.com.au & www.shop.payssc.com.au) and related services including the ordering, purchase and delivery of products from our website and subscriptions to our e-newsletter (collectively, our “Website”).
1.2. In these T&Cs, “We”, “Us”, “Our”, “Shoalhaven Snake Catchers” means Shaun Armstrong trading as Shoalhaven Snake Catchers (ABN 393 441 011), unless otherwise stated.
1.3. Access and use of our Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein. You should read these thoroughly before using our Website.
1.4. By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these T&Cs and that:
(a) you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these T&Cs; and
(b) you are not a competitor of Shoalhaven Snake Catchers and are not using our Website for reasons other than their intended purposes.
1.6. Shoalhaven Snake Catchers reserves the right to amend the T&Cs at any time and without notice to you. Shoalhaven Snake Catchers may change the T&Cs from time to time, and your continued use of the Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. You may access the most recent version of our T&Cs through the link provided on our Website.
2. Obligations and Permissions
2.1. You agree that you are responsible for your access to and use of our Website and for ensuring that any persons that may access the Website through your internet connection is aware and compliant with these T&Cs.
2.2. You represent and warrant to us that your use of our Website will comply with all applicable laws and regulations in the governing jurisdiction of these T&Cs and in your State/Country and overseas wherever you access our Website and otherwise where applicable and that you will not use our Website for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
3.1. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered product depending on your monitor or screen, settings and computer equipment.
3.2. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website. You may purchase or find out more information about any additional products or accessories styled by using the “Get The Look” tab on a product detail webpage.
3.3. All orders are made subject to availability. Whilst we use our best efforts to ensure that products are available for delivery, there may be some circumstances where products are unavailable.
3.4. Where we cannot fulfil your order or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
3.5. We cannot provide rainchecks for products ordered online. In respect of any products we well, we reserve the right to limit the sale of products to reasonable or normal household quantities.
4. Pricing and Payment
4.1. Unless specified otherwise, prices displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this Website.
4.2. Displayed pricing may not include delivery charges (if applicable). Please read our Delivery Information webpage for more information regarding delivery charges.
4.3. Prices of products, as well as delivery and any other charges displayed on our Website are current at the time of issue, but may change at any time and are subject to availability.
4.4. If your order is to be delivered outside Australia, then you are responsible for any export, import and other taxes or duties that might be applicable in order for you to receive your purchase.
4.5. Except in the instance of payment via AfterPay, full payment for your purchase is required at the time of placing your order. Payment is charged/debited at the end of the complete check-out process.
4.6. We accept payment via Visa, Mastercard, American Express (AMEX), PayPal, AfterPay, Zip and Square. You must comply with the applicable T&Cs of these providers. We reserve the right to vary our accepted payment methods at any time without notice.
4.7. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
4.8. If you choose to make your payment by AfterPay or Zip, you understand and agree that we are not liable for any fees or additional costs charged to you by AfterPay or Zip and that such costs are your responsibility.
5.2. Shoalhaven Snake Catchers reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Website, or an error in your order. We also reserve the right to request identification from you, including photo ID or any other such documentation for verification purposes before we allow your order to be processed.
6. Cancellations and Refunds
6.2. Please read the Returns & Exchanges Policy contained within this Website for refund details. Our Returns & Exchanges Policy outlines the circumstances in which a refund will be available to you.
7.2. Delivery times are estimates only, and Shoalhaven Snake Catchers will not be liable for any failure to observe these delivery times. For orders to be delivered within Australia, if your order is not delivered within 2 weeks of the estimated delivery date you may cancel your order and obtain a full refund.
8. Risk and Title
8.1. Products will not be dispatched until full payment has been received. Title in the products will pass to you upon delivery of the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
9. Correction of Errors
9.1. While we take care to ensure that the content on our Website is accurate and complete, there may be typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. We reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content on the Website or cancel orders at any time without prior notice where an error has occurred. If we cancel an order because of our error on the Website, we will provide you with a full refund. If you believe that there is a typographical error, inaccuracy or oversight on this Website please contact us.
10. Fraud Protection
10.2. If Shoalhaven Snake Catchers determines, in its discretion, that an order is potentially fraudulent, we may suspend your order and will not dispatch any products until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed. Shoalhaven Snake Catchers retains the right to cancel any order on the basis of an order being fraudulent or potentially fraudulent.
10.3. If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer in writing at email@example.com. Please ensure the subject line of your email is “ATTN: Fraud Protection Officer” so we can prioritise and escalate your email appropriately.
10.4. While Shoalhaven Snake Catchers endeavours to prevent fraudulent orders and payments, we hold no liability for any loss you may suffer, including costs or delay, due to any suspicion of fraud or actual fraud.
11. Newsletter Sign-Up
12. Online Account
12.1. Gnarly Galah offers the ability for you to create a personal, Online Account using our Website. You can create your own account here. You must provide true and factual information when creating an Online Account.
12.2. It is your responsibility to maintain the confidentiality of your password and account and all activities that take place under your password or account. Shoalhaven Snake Catchers is entitled to assume that anybody accessing your account using your confidential username and password is you.
12.3. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.
13. Promotions, Promotional Vouchers and Coupon Codes
13.1. From time to time, Shoalhaven Snake Catchers may hold promotions such as special offers and discounts online at our Website. We recommend that customers check the terms of each promotion in order to avoid disappointment.
PROMOTIONAL VOUCHERS AND COUPON CODES
13.2. On our Website, “Promotional Voucher”, “Gift Voucher” and “Store Credit” are used interchangeably. “Coupon Codes” and “Promo Codes” are also used interchangeably.
13.3. We accept Promotional Vouchers and Coupon Codes as payment, or partial-payment, for certain or specified purchases online. It is your responsibility to read the specific details about your Promotional Voucher or Coupon Code as provided with your Promotional Voucher or Coupon Code. These additional terms may outline what your Promotional Voucher or Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group (eg. Students).
13.4. We reserve the right to deny use of the Promotional Voucher or Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Shoalhaven Snake Catchers through the use of a Promotional Voucher or Coupon Code.
13.5. If the credit of a Promotional Voucher is insufficient to complete payment for an order, you can choose another accepted means of payment to cover the short fall. This could include an accepted Credit Card, PayPal, AfterPay or Gift Card where applicable.
13.6. Promotional Voucher and Coupon Code Exclusions:
(a) Unless otherwise specified, Promotional Vouchers and Coupon Codes cannot be used to purchase Gift Cards, Sale/Discount Merchandise and third-party or Non-Merchandised Product (eg. Event Tickets).
(b) Unless otherwise specified, Promotional Vouchers and Coupon Codes are not available in conjunction with any other offer, including other coupon codes.
14. Intellectual Property
14.2. Except as permitted under relevant intellectual property laws, no part of our Website or Our Content may be copied, reproduced, republished, performed/presented in public, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise (including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Shoalhaven Snake Catchers.
14.3. Shoalhaven Snake Catchers grants you a limited, revocable, non-exclusive right to create a hyperlink to www.Shoalhaven Snake Catchers.com or share Our Content via social media for the purpose of promoting Shoalhaven Snake Catchers or our products, provided that that authorship is attributed to us and the link or content does not attempt to mislead, defame or provide false information about Shoalhaven Snake Catchers or suggest any form of association, approval or endorsement by Shoalhaven Snake Catchers where none exists, or portray Shoalhaven Snake Catchers in a negative, derogatory, offensive, harassing, illegal or otherwise inappropriate manner. Shoalhaven Snake Catchers may revoke this licence at any time without notice.
15. Unauthorised Access and Malicious Content
15.2. To the maximum extent permitted by law, Gnarly Galah will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material. You agree to release us from any such liability. To the extent that any liability may be imposed on Gnarly Galah, it shall be limited to the cost of re-supplying that information.
15.3. You must not attempt to, or actually, gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You agree that you will not cause harm to our Website or Services by hacking, phishing, introducing viruses, Trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users.
16. Limitation of Liability
16.2. To the maximum extent permitted by law, Shoalhaven Snake Catchers excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.
16.3. Shoalhaven Snake Catchers will in no way be liable for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the Website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Shoalhaven Snake Catchers has been advised of the possibility of such damages.
16.4. You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website, that you will be responsible for those consequences.
16.5. Where any legislation implies in the T&Cs any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the T&C’s, however, the liability of Shoalhaven Snake Catchers for any breach of such term, condition or warranty shall be limited, at the option of Shoalhaven Snake Catchers to any one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) If the breach to relates to services:
(i) the supplying of the services again; or
(ii) The payment of the cost of having the services supplied again.
16.6 This clause survives termination of these T&Cs.
17. Disclaimer of Warranty
17.2. To the extent permitted by law, including non-excludable statutory obligations, none neither Shoalhaven Snake Catchers, nor any of its employees or agents will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Website. To the extent permitted by law, Shoalhaven Snake Catchers expressly disclaims all warranties of any kind unless expressly stated on this Website or unless implied or required under the Australian Consumer Law.
17.3. This clause survives termination of these T&Cs.
18. Release and Indemnity
18.2. This clause survives termination of these T&Cs.
19.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these T&Cs as a result of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Shoalhaven Snake Catchers will not be held liable for any delay or failure in performance of any part of our services to you.
19.3. Assignment: You must not assign any rights and obligations under these T&Cs whether in whole or in part without our prior written consent.
19.4. Severability: If any part of these T&Cs is determined by a court of competent jurisdiction, to be invalid or unenforceable, that part shall be severed from the T&Cs. Such invalidity does not affect the validity of the remaining provisions of these T&Cs. This clause survives termination of these T&Cs.
19.5. Termination: Shoalhaven Snake Catchers may terminate these T&Cs in our absolute discretion, at any time and without notice to you.
19.6. Relationship: These T&Cs do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Shoalhaven Snake Catchers and you or any other party unless expressly stated otherwise.
19.8. Jurisdiction: These T&Cs are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Website may be accessed throughout Australia and overseas, we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these T&Cs.
20.1. We may run competitions from time-to-time, and these have their own terms and conditions.