Terms of service
Section 1 - Overview
(a) This website (Site) is operated by The Sheet Society Pty Ltd (ACN 618 285 886) (Sheet Society, we, us or our). The term you or your refers to the person or organisation accessing or using, or relying upon, the Site.
(b) By accessing or using the Site and/ or purchasing products from our Site (Products), you engage in our services (Services) and agree to be bound by these terms of use (Terms), together with our Privacy Policy and any other terms and conditions you may find on our Site (such as our Returns & Exchanges and Shipping policies) and agree to abide by them.
(c) If you do not agree to these Terms, you should not access or otherwise use the Site and the Products and Services offered on, or via, the Site.
(d) We may update the Site (wholly or partly) at any time. If the need arises, we may suspend or cease your access to the Site. We encourage you check the Site periodically for changes. Your continued use of or access to the Site constitutes acceptance of these changes.
(e) Questions about these Terms should be sent to us at hello@thesheetsociety.com.
Section 2 - Eligibility
(a) As a condition of using and accessing the Site and purchasing our Products, you represent and warrant that you:
(i) are aged 18 years or over, or if you are under 18 years, you have parental or guardian consent;
(ii) are authorised to use and access the Site and the Products;
(iii) have authority to enter into any agreement with us in connection with using or accessing the Site.
(b) You acknowledge and warrant that if you use our Site on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise):
(i) you are responsible for ensuring that you have the right to do so;
(ii) you have obtained that person’s authority and consent to use the Site and agree to these Terms on their behalf
Section 3 - Your Obligations
As a condition of using or accessing the Site, you must not:
(a) use the Site or the Products for any unlawful or unauthorised purpose;
(b) use the Site or the Products in any way that could damage our reputation or the goodwill or other rights associated with the Service;
(c) use the Site or the Products to breach any third party rights, including Intellectual Property Rights (as defined in Section 15.);
(d) use the Site to submit false or misleading information;
(e) attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party's computing systems and networks;
(f) use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used to deliver the Site or impair the ability of any other user to use the Site;
(g) transmit, or input into the Site, any files, content, material and/or data that may:
(i) damage any other person's computing devices or software; and/or
(ii) be offensive; and/ or
(iii) be in violation of any law; or
(h) modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site (or attempt to do so).
Section 4 - Availability of Products and Services
(a) Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our returns policies and procedures.
(b) We have used reasonable endeavours to display as accurately as possible the colours and images of our Products on the Site. Due to different screen resolutions, colours may vary. We cannot guarantee that your computer and/or device screen’s display of any colour or image will be accurate.
(c) We reserve the right to:
(i) limit or cancel the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We will notify you if we make a change to or cancel to your order;
(ii) limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors; and
(iii) limit the quantities of any Products that we offer.
(d) All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion.
(e) We reserve the right to discontinue any Product at any time.
(f) We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
(g) We make no representations as to the suitability, quality or acceptability of any Products generally and/or with regard to your particular needs (including any allergies or illnesses you may have).
(h) You acknowledge that you must use Products in accordance with any instructions (including safety warnings) accompanying the Product. To the maximum extent permitted by law, we are not responsible for any liability to you or any third party arising out of your misuse of the Products.
Section 5 - User account and password
(a) You do not need to register or login to the Site in order to view the content and information on the Site.
(b) If you wish to purchase Products or Services on, or via, the Site you must create an account with us (Account) on the Site.
(c) Your Account will be operated by an email address and password (Password). You may change or reset your Password by selecting the ‘Forgot Password' link in the sign-up process.
(d) You, as the owner of the Account, are solely responsible for the activity conducted on the Account. At any time, we may request that you provide identification to verify your identity.
(e) In relation to your Account, you undertake that you will:
(i) not disclose your Password to any third party;
(ii) take reasonable measures to prevent disclosure of your Password to any third party, noting that you are liable for all use of the Site using your Account or Password;
(iii) provide only accurate and complete registration information, and update that information if it changes in order to keep it current, complete and accurate;
(iv) create only 1 account on the Site, and you will remain responsible for anything that happens through your Account; and
(v) not impersonate another account holder or provide false identity information to gain access to or use the Site.
(f) Please notify us immediately if:
(i) you become aware that your Account or Password is being used without authorisation; or
(ii) there is any other security breach relating to your Account or Password.
Section 6 - Payment terms
(a) All prices quoted by us on the Site are in their local currencies.
(b) We reserve the right to change or alter prices of Products and Services without notice to you.
(c) We accept the following credit cards: Visa, AMEX and Mastercard and accept payment via PayPal, AfterPay and Zip Pay.
(d) We also accept payment via gift cards.
(e) You acknowledge that where you purchase any Products through our Site, you will be responsible for payment in respect of those Products in full (without any set-off or deduction) before the order can be processed and the Products can be dispatched.
(f) Where such payments are taken through the Site, you acknowledge and accept that such payments are not processed or taken by us and instead are processed by a third-party payment gateway (and you agree to be bound by any policies and terms applicable to that payment gateway).
Section 7 - Gift Cards
(a) Any lost or stolen gift cards are unable to be replaced, refunded or redeemed.
(b) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
(c) If you return or exchange a Product purchased using a gift card, the return or exchange will be governed by our Returns & Exchanges policy.
(d) We reserve the right to cancel any gift card for any reason and at any time, without notice to you. If we do so, we will provide you with a refund or a replacement gift card equal to the balance on the cancelled gift card, unless the reason for cancellation was for suspicions of fraud or illegal activity.
(e) More details regarding our gift cards including any related terms and conditions can be found here: https://sheetsociety.com/en-au/product/gift-cards.
(f) We may vary our gift card terms and conditions from time to time. Any variations will be effective upon the posting of the revised terms and conditions on the Site. Your continued use of a gift card after the posting of the revised terms and conditions constitutes your agreement to the revised terms and conditions.
Section 8 - Third Party Links
(a) Certain content, Products and Services available via our Site may include materials from third-parties.
(b) Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
(c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You access those websites and/or use the websites’ products and services entirely at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - Feedback and review
(a) From time to time, we may request that you provide us with feedback or reviews on our Products and/or Services. You are not obliged to provide such feedback.
(b) You warrant that any feedback or reviews provided by you is:
(i) your own genuinely held opinion; and
(ii) accurate of your experience with our Products and/or Services.
Section 10 - User Generated Content and Third Party Content
(a) Users of the Site may also upload or publish content (including user comments and reviews) on the Site (User Generated Content).
(b) The Site may, from time to time, provide you with access to, and use of, third party content, services and products (Third Party Content).
(c) We do not recommend or endorse any:
(i) Third Party Content; or
(ii) User Generated Content,
appearing on or via the Site or our site or social media pages, or any websites linked to the profiles of third party providers (Third Party Providers).
(d) We disclaim all liability and responsibility arising from any reliance placed on such products, services, Third Party Content and User Generated Content (and any products and services provided from or via the Third Party Content) by:
(i) any visitor to the Site or our social media pages, or any websites linked to the profiles of Third Party Providers; or
(ii) anyone who may be informed of any of its contents,
and we make no representations or warranties that use of any of the foregoing will not infringe intellectual property rights of any third parties.
(e) The Third Party Providers (and their advertisers) and users of the Site are responsible for the accuracy of all representations made in any Third Party Content or User Generated Content advertised, displayed or listed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
(f) We may, but are under no obligation to, monitor the Third Party Content or User Generated Content. To the extent permitted by law, we do not:
(i) warrant that the products or services, Third Party Content or User Generated Content displayed, listed or offered on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers, are accurate, complete, reliable, current or error-free; or
(ii) make warranties about the standard or quality of any of the products, services, Third Party Content or User Generated Content offered or displayed on, or via the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
(g) You agree to make your own enquiries to verify information displayed on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers and to assess the suitability of products or services before you purchase.
(h) You accept the risk of purchasing products or services advertised, displayed, or listed by a Third Party Provider or user of the Site on, or via, the Site, our social media pages, or any websites linked to the profiles of Third Party Providers.
(i) Any opinions, warranties, representations, advice, statements, products, services, offers, Third Party Content, User Generated Content or other information, displayed, advertised, listed or made available by a Third Party Provider or users of the Site are those of the respective author, advertiser or distributor, and not us.
(j) We reserve the right to modify or remove any Third Party Content or User Generated Content at any time, but we are under no obligation to do so.
Section 11 - Content guidelines
(a) You must only publish Third Party Content or User Generated Content (as the situation permits):
(i) for which you hold all necessary rights, licences and consents to publish on, or via, the Site;
(ii) that are factually accurate and up-to-date;
(iii) if containing opinion, that contain genuinely-held opinion; and
(iv) that comply with all applicable laws, regulations, rules, codes or other legal obligations.
(b) You must not publish any Third Party Content or User Generated Content (as the context permits) that:
(i) are in a language other than English;
(ii) contain confidential information;
(iii) are, or could reasonably be considered to be, vulgar, offensive, inappropriate, indecent or obscene, pornographic or sexually explicit, harassing, threatening or abusive, inflammatory, hateful or disparaging, seditious, blasphemous, in breach of another person’s privacy (such as by disclosing personal or identifying details of another person without authorisation) or otherwise objectionable according to the dictates of good taste and social acceptability (including by promoting, advocating, or seeking to incite racial hatred or discrimination based on race, sex, disability, age, religion, nationality, sexual orientation or an unlawful or illegal act);
(iv) are inaccurate, misleading or deceptive or fraudulent (including as a result of you having impersonated another person or misrepresented your identity);
(v) are defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including us or our employees;
(vi) are illegal or unlawful, including as a result of their infringement or contravention of intellectual property, or other rights or laws, regardless of their source;
(vii) contain any viruses or malware, including keystroke loggers or other spyware, or similar computer code, files or programs designed to adversely affect, interrupt, destroy or limit the operation or functionality of any computer software or hardware or telecommunications equipment in any way;
(viii) include unauthorised, unsolicited or undisclosed advertising or promotional materials, including excessive commercial references;
(ix) are misleading, deceptive or fraudulent statements, including by improperly holding themselves out as being or relating to decrees or announcements by governmental, statutory, or municipal authorities;
(x) are designed to give the impression that the Third Party Content or User Generated Content originates from us;
(xi) are aimed at disparaging or damaging the reputation or goodwill of our business, the Site, our social media pages, or any of our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us; or
(xii) constitute or comprise any other material whatsoever which contravenes these Terms.
(c) By publishing or listing Third Party Content or User Generated Content on, or via, the Site, or our social media pages, all right, title, and interest in the Third Party Content or User Generated Content (and all intellectual property rights contained therein) will automatically vest in us absolutely.
Section 12 - Social media
(a) You agree that, where our Services integrate in any way with social media, that you will adhere to these Terms and any other terms and conditions of the social media provider from time to time.
(b) With respect to social media, for the purposes of marketing and/or promotion, you hereby acknowledge and authorise us to:
(i) upload, publish, post or repost any content which directly or indirectly references you; and
(ii) make use of any publicly available information for the purposes of any publication, post or repost.
(c) For the avoidance of doubt, by using the Services, you agree and consent to us undertaking any of the activities contemplated by this section without the need to obtain any further consent from you.
Section 13 - Privacy
Your privacy is very important to us. Please refer to our Privacy Policy at https://sheetsociety.com/en-au/help/privacy-policy for further information on how we collect, use, store, process and disclosure your personal information.
Section 14 - Errors, inaccuracies and omissions
(a) Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site is inaccurate at any time without prior notice (including after you have submitted your order).
(b) We undertake no obligation to update, amend or clarify information on our Site, including pricing information, except as required by law. No specified update or refresh date applied to our Site, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 15 - Intellectual property
(a) The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (collectively, IP Content).
(b) Title to, and all Intellectual Property Rights in the Products, Services and the Site (including the IP Content, the Third Party Content and the User Generation Content) remain our (and/or our licensors) sole property.
(c) Nothing in these Terms constitute a transfer of any Intellectual Property Rights.
(d) You will not directly, or indirectly, do anything that would, or might invalidate, or put in dispute our title in the Intellectual Property Rights in relation to the Site, Products and Services.
(e) To the maximum extent permitted by law, you must not:
(i) reproduce, make error corrections to or otherwise modify or adapt the Products and Services or create any derivative works based upon the Services;
(ii) de-compile, disassemble or otherwise reverse engineer the Products and Services or permit any third party to do so; or
(iii) modify or remove any copyright or proprietary notices on the Products and Services.
(f) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Site, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us.
(g) In this clause, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Section 16 - Limitation of liability
(a) The IP Content, User Generated Content or Third Party Content displayed on or via the Site, our social media pages, any websites linked to the profiles of Third Party Providers or any other links in relation to the products or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.
(b) It is your responsibility to determine that the Site:
(i) meets your personal needs; and
(ii) is suitable for the purposes for which it is used.
(c) To the maximum extent permitted by law, we, and our directors, officers, affiliates, employees, partners and representatives:
(i) exclude all warranties and representations as to the correctness, accuracy, adequacy, completeness, currency, reliability, timeliness or usefulness of any information or other content posted on the Site;
(ii) do not guarantee that the Site, or the server supporting the Site, is free from defects, viruses or other harmful components, or will be uninterrupted or error free;
(iii) accept no liability for the loss of data where such loss is wholly or partly caused by factors beyond our reasonable control including failure or fault in the hosted environment of the Site, defective network or internet connections, defective equipment utilised by you or incorrect operation by you of your own device or other access facilities;
(iv) shall not be responsible for any disclosure, use, modification or deletion of your data resulting from any access by third party application providers.
(d) Save for any terms, conditions, guarantees, warranties, indemnities or other rights which may arise under the Australian Consumer Law under the Competition and Consumer Act 2001 (Cth) or other legislation and which cannot be excluded:
(i) all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded; and
(ii) to the extent legally possible any liability that we may have to you in relation to the Site or the Products which cannot be excluded shall be limited to, at our discretion:
(A) either the supplying of the Products again; or
(B) the payment of the cost of having the Products supplied again.
(e) We, and our directors, officers, affiliates, employees, partners and representatives shall not be liable for:
(i) any injury, loss, expense or damages (including loss of life) of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing; and
(ii) any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you including losses of prospective profits or actual profits incurred by you.
Section 17 - Indemnification
You agree to fully indemnify, defend and hold harmless Sheet Society and our directors, officers, affiliates, employees, partners and representatives (those indemnified), harmless from any action, liability, claim, loss, demand, expense (including reasonable legal fees) suffered or incurred by any those indemnified, whether directly or indirectly, in connection with:
(a) your breach of these Terms;
(b) any breach or inaccuracy in any of your representations or warranties;
(c) an infringement of any rights of another, including privacy rights and intellectual property rights;
(d) any data submitted by you.
Section 18 - Delivery providers
You acknowledge and agree that:
(a) where you have used our Site to place an order with respect to any Products which are to be delivered to you, the delivery service is provided to you by a third party (Delivery Provider) (and is not delivered by us);
(b) we make no representations as to the suitability, quality or acceptability of the conduct of the delivery driver, the timeliness of the delivery or generally in regard to the delivery by a Delivery Provider
(c) if there are any issues with regard to the suitability, quality or acceptability of any Products delivered to you by a Delivery Provider, you will contact us directly in respect of such issues and will hold us harmless in respect to any claim, loss or damage arising from such issues (including any health outcome or illness associated with such issue).
Section 19 - Confidentiality
(a) You must keep our Confidential Information confidential, and not disclose it except:
(i) for the purpose of engaging in our Services;
(ii) as permitted by us;
(iii) to your professional advisers for the purpose of obtaining legal, taxation or accounting advice, provided it is disclosed on a confidential basis; or
(iv) as required by law.
(b) In this section, Confidential Information means all information of a confidential, commercially sensitive or valuable nature belonging to Sheet Society or its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) including intellectual property, financial, sales, customer, employee or supplier information, processes, statements, trade secrets, marketing plans, data, other than information that is public or information previously disclosed to you on a non-confidential basis.
Section 20 - Viruses and hacking
(a) You must not misuse the Site by introducing viruses, trojans, malware or other material, which is malicious or harmful.
(b) You must not gain, or attempt to gain, unauthorised access to:
(i) the Site;
(ii) the server on which the Site is stored; or
(iii) any server, computer or database connected to the Site.
(c) We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site or your downloading of any material or content posted on it, or on any website linked to it.
(d) We recommend that all Internet users ensure they have up to date virus checking software installed.
Section 21 - Termination and suspension
(a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
(b) We reserve the right, to terminate our agreement with you and to suspend or terminate your access to the Site (including any Account or Password) immediately and without notice to you if:
(i) you fail to make payment to us when due;
(ii) you breach any of these Terms;
(iii) when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
(iv) we suspect that you have engaged or are about to engage in fraudulent or illegal activity on the Site;
(v) requested by a court or law enforcement or other government agency or regulatory body;
(vi) there is a discontinuance of the Site or any websites linked to the Site (or any part of them); or
(vii) there are any unexpected technical or security issues or problems.
(c) Any termination shall not affect any of our accrued rights or your liabilities, nor shall it affect any provision of these Terms which is expressly or by implication intended to continue in force after such termination.
Section 22 - Force majeure
(a) We shall not be responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of a Force Majeure Event.
(b) Force Majeure Event means an event or circumstance:
(i) that is beyond the reasonable control of a party;
(ii) which that party is not reasonably able to prevent or overcome; and
(iii) which prevents that party from performing a material obligation under these Terms,
including, subject to satisfaction of the foregoing:
(iv) extreme weather events, fire, flood, explosion or natural disaster;
(v) acts of war, riots, terrorism or vandalism;
(vi) failure or shortage of supplies, equipment, materials or essential utility;
(vii) pandemic, epidemic or other widespread threat to human health (including an outbreak or recurrence);
(viii) computer hacking, internet interruption or virus or malicious damage;
(ix) strike, embargo or industrial disturbance; or
(x) a change in applicable law.
Section 23 - No waiver and entire agreement
(a) The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(b) These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
(c) Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 24 - Variation to terms of service
We reserve the right to change, modify, add, or remove portions of these Terms at any time without notice to you, effective upon posting it on the Site. By continuing to use or access the Services following any changes to these Terms, you signify that you have read, understood, and agree to be bound by the updated Terms.
Section 25 - Severability
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.
Section 26 - Governing law
(a) These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.
(b) This Site may be accessed from Australia or overseas. We make no representation that the content of this Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access this Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Section 27 - Promotions, Discounts and Competitions
Please refer to our Promotions, Discounts and Competitions page for specific terms and conditions relating to these.
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