Effective Date: March 29, 2023

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1. Acceptance of Conditions

Welcome to the terms and conditions (these “Conditions”) that govern your use of our website and sale of our water bottle products (our “Services”). You are required to abide by these Conditions anytime you use our Services. By shopping through this website, you consent to these Conditions. If you do not agree to these Conditions, your only option is to refrain from using this website.

 

2. About Us

The Services provided through this website are provided by T-HAERE, with ABN: 39 626 464 886 (“T-HAERE” or “we” or “us” or “our”). We currently target, ship and deliver to customers within Australia and New Zealand. If you use the website from a different location, you bear any limitations you may encounter.

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3. Privacy Policy

Please, also read our Privacy Policy and agree to it before submitting personal information to us. Our Privacy Policy describes the information we collect, how we disclose it, your rights, and our other privacy practices. By shopping on the website, you consent to how we use your information.

 

4. Eligibility

You may only shop from the website if you are at least 18 years of age or any applicable age of consent in your location, able to form a legally binding agreement such as these Conditions and your use does not violate any applicable local or international law. We reserve the right to refuse our Services to you if we discover that you do not meet the above eligibility criteria.

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5. Account and Registration

If you create an account on the website, you warrant that the information you submit is accurate and complete and that it is up to date. If you create your account by authenticating your social media account, you hereby authorize us to obtain the applicable information from such a social media account. We reserve the right to terminate your account and block you from using our Services if your use violates these Conditions.

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6. Our Intellectual Property

All the content on the website, including without limitation, the website looks and feel, product description, design, images, text, graphics, logos, photographs, pricing, icons, audio, trademarks, trade name, domain name and related content belongs to T-HAERE and respective licensors and are protected by copyright, trademark, and other intellectual property rights in Australia, New Zealand, and other locations. Except as licensed to you under these Conditions, you may not use any of our content or modify it without written permission from us.

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7. License Grant

Subject to your compliance with these Conditions, T-HAERE hereby grants you a non-exclusive, non-transferable, revocable license to access the website, purchase our products and use our Services for your personal, non-commercial use.

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You agree to only use our Services in accordance with these Conditions and all applicable laws. T-HAERE does not grant you permission to modify, transmit, distribute, display, reproduce, perform, sublicense, publish or create derivative works from, transfer or sell any products, information or content obtained from our Services.

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You may not:

• Utilise any data mining, robots or similar data gathering and extraction tools to scrape or extract any information or content from our Services without written permission from us.

 

• Frame or use any framing techniques to encroach any T-HAERE trademarks without written permission from T-HAERE.

 

• Use any of our trademarks in combination with any other products that may cause confusion or in any way disparages or discredits T-HAERE.

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• Create or publish your own database that features important portions of our Services without written permission from us.

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You agree that we may suspend, modify or discontinue any aspect of our Services at any time, with or without notice to you. We reserve the right to restrict access to any geographic location at our discretion by blocking specific IP addresses.

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8. Feedback, Ideas and Suggestions

You may provide us with feedback, ideas or suggestions about our Services. You hereby agree that if you provide us with any feedback, ideas or suggestions about any portion of our Services, including our products, we will have no obligation to compensate you for implementing such feedback, idea or suggestion.

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9. Terms of Sale

This section contains the terms and conditions that apply to your purchase of our products. Please, be advised that our products are subject to availability. And we reserve the right to limit the quantity we may sell to you at any point in time.

 

• Pricing: The prices of each water bottle are listed on the website in Australian Dollars (AUD). We reserve the right to change our pricing at any time. However, changes in pricing shall not apply to a product already ordered and paid for. If there is an error in the listing price of a product, we reserve the right to pause the order and adjust the price. In such a case, you will be given the option to proceed with the adjusted price or cancel the order.

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• GST: Where applicable, we include Goods and Service Tax (“GST”) in the price of our products. If GST is not included in a price, the applicable GST will be calculated and displayed to you at checkout.

 

• Inaccuracies: We make every effort to ensure our products detail accurate information at all times, including the descriptions. However, we do not guarantee that information about our products will always be without errors and inaccuracies. If there is an error on any of our products, we reserve the right to correct it without liability to you.

 

• The agreement to sell: If you initiate the purchase of a water bottle, it is an offer from you to purchase from us, which we will acknowledge by forwarding the receipt of your request, including the product, price and applicable fees. The receipt forwarded to you does not imply that we have accepted your offer. Your offer will be deemed accepted when we confirm and notify you of shipping.

 

• Payment: You are required to pay for your order before we ship it to you. The total amount to be paid will be calculated and displayed on the checkout page. Payment may be made by any applicable credit/debit cards supported on the billing page. Our third-party payment processor processes your payment securely and in accordance with adequate privacy practices. By submitting your payment method, you warrant that it is accurate and contains enough funds to cover your order and applicable fees.

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• Shipping Policy: Shipping is done to the shipping address you specify on the checkout page. We will not be responsible for delays or losses caused by inaccurate shipping addresses. The shipping processing time, cost and estimated delivery date are displayed on the checkout page. For the avoidance of doubt, the delivery dates are just estimates. Certain factors may cause a delay in your order. For more information about shipping and delivery, please review our Shipping Policy.

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• Cancellation Policy: You can cancel any placed order without additional cost if your order is yet to be shipped. If we provide you with notice of shipment, you will not be able to cancel your order at that point. You may cancel your order by reviewing the Order section of your account or reaching out to us at biz@t-haere.com.

 

• Returns, refunds and exchange: You can request a return, refund or exchange within 30 days of your order if you are unsatisfied or the product gets damaged in transit. All return, refund and exchange requests must be sent to our email address at biz@t-haere.com. For more about returns, refunds or exchanges, review our Return and Refunds Policy.

 

• Title and risk of loss: Upon confirming that a product is delivered to you without defect, the title and risk of loss automatically pass to you.

 

By placing an order on the website, you confirm that you have reviewed this section and agree to the terms described therein.

 

10. Disclaimer and Liability Limitations

Except for any product warranty, your use of our Services is without warranties of any kind – whether express or implied, including the implied warranties of merchantability, fitness for a purpose, title, and non-infringement. You agree that you use our Services at your sole risk and that we provide them “as is” and on an “as available” basis.

 

We make no warranties that our Services will always be available or that they will be error-free, uninterrupted or secure or that your use of our products will be to your expectation or satisfaction.

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To the fullest extent permitted by applicable laws, including the Australian Consumer Law (ACL), Consumer Guarantees Act (CGA) and other non-excludable rights, T-HAERE or any of our affiliates, partners, licensors, and agents shall not be liable to you or any third party for any damages or losses you may suffer as a result of your use or inability to use our Services, including loss of revenue, data, goodwill and other intangible damages – even if we have been informed of their possible occurrence.

 

In the event that we are found liable for any damage or losses, our total liability shall not exceed the amount you paid to us for our products.

 

11. Indemnification

You agree to indemnify, defend and hold T-HAERE and its affiliates, partners, licensors and agents harmless from and against any claims, demands or damages, including reasonable attorneys' fees and costs, made by any third party due to your use of our Services or your breach of these Conditions. You agree to cooperate fully in the defence of any such claim. T-HAERE reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

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12. Governing Law

Your purchase of our products and use of our Services are governed by the laws of Western Australia (WA). Any disputes arising from your interaction with our Services shall be settled in any courts located in Perth, WA. You hereby consent to the exclusive jurisdiction and venue in these courts.

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Nevertheless, you have the right to seek injunctive relief in any jurisdiction for any alleged infringement of your intellectual property rights. You can reach out to us at biz@t-haere.com to report a claim or issues you have with us.

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13. Modifications

These Conditions are subject to future review and modification. We may review and modify portions of these Conditions if there are changes to our Services or any applicable laws. If we modify these Conditions, the modified portion will immediately become effective, and it shall be posted on this page. We may notify you of changes to these Conditions via any portion of the website or your email address. Nevertheless, you should review this page frequently to keep yourself updated on any modifications to these Conditions before placing any orders. By purchasing from the website after modifications to these Conditions, you consent to the changes made.

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14. Electronic Communication

By using our Services, you agree to receive electronic notices from us, including via your email address, these Conditions and policies. You agree that any notices we provide to you via your email address or this website shall satisfy any legal requirements that such communications be in writing.

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15. Additional Terms

We may offer promotions and similar events that come with additional terms of their own. If you participate in such events, the terms and conditions will be in addition to these Conditions. However, if any terms under the event terms and conditions conflict with these Conditions, the event terms and conditions shall supersede.

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16. Third-Party Services

These Conditions do not govern any content, adverts or links that lead to third-party websites, apps or services. We advise that you review the terms and conditions of the applicable third-party service before you access their services.

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17. General Terms

Entire agreement

These Conditions represent the whole agreement between you and T-HAERE concerning your purchase of our products and Services. These Conditions supersede any previous covenants, agreements, understanding and promises between you and T-HAERE – whether oral or written.

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Severability

If any provision under these Conditions is found and determined to be invalid or unenforceable by any applicable law, such a provision shall be deemed severable from these Conditions, and it shall not affect the remaining valid and enforceable provisions.

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No waiver

If you violate a provision of these Conditions and we delay or fail to enforce our right or take immediate action, it shall not void our right in enforcing these Conditions later or on similar violations. No waiver under these Conditions is valid except in writing.

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Force majeure

We shall not be held liable for any loss you may incur if for any reason we are unable to make any portion of our Services available at a point in time due to circumstances beyond our reasonable control.

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Assignment

You may not assign, transfer or license your rights or account under these Conditions to any third party without written approval from T-HAERE to that effect. We, on the other hand, may assign our duties to third parties.

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18. Contact Us

If you have any issues or queries regarding these Conditions, you may reach out to us at our email address: biz@t-haere.com. Top of Form