Minus18 Terms of Use

The Minus18 website (www.minus18.org.au) (Website) is operated by Minus18 Foundation Inc (ABN 60 829 316 980) (we,us,our).

Use of the Website and any information or services provided through the Website is subject to the following terms and conditions and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on the Website from time to time (together,Terms of Use).

By accessing or using any of the Website and the information and services provided through the Website, or ordering goods from the Website, you will be deemed to have accepted and agreed to be bound by the Terms of Use as updated from time to time, whether you are a visitor simply browsing the Website or you have ordered goods through the Website. If you do not agree with any of Terms of Use, or any changes to them, do not use the Website or order goods from the Website.

1. The Website

The Website is designed to provide a place where young lesbian, gay, bisexual, transgender, queer, intersex, asexual + (LGBTQIA+) people can access information about LGBTQIA+ support resources, workshops, events, fundraising activities and campaigns and where people can donate to us.

The information and material contained in or available through the Website (Information) is provided for general informational purposes only and does not cater to the circumstances or needs of individual users of the Website. No Information is intended to be used or relied on as professional advice of any kind. By accessing or using any of the Website or the Information, you acknowledge and agree that such access or use is at your own risk.

2. Privacy

You acknowledge that you have read, and consent to your personal information being used, disclosed and otherwise handled in accordance with, our Privacy Statement

Access and use of the Website

You acknowledge and agree that we may:

• make changes to the Website and the Information at any time without notice; and
• monitor your access to and use of the Website.

Access to the Website depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Website at all times or at any specific times.

While we will take precautions to ensure the Website is secure, no data transmission over the internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the Website.

3. Goods

3.1 If you wish to purchase goods from the Website's merchandise catalogue (theWebsite Shop), you must add the desired goods to the Website Shop 'cart' and enter your contact and billing details at 'Checkout' and fully comply with the instructions indicated therein. Prices and other product information quoted on the Website Shop are subject to change from time to time without notice. The price of goods ordered by you will be the price quoted on the Website Shop (typically summarised in the 'Checkout' page of the Website) at the time you place your order. Although we take all reasonable care to ensure that prices and other product information quoted on the Website are correct at the time of publication, we reserve the right to correct any publishing errors and cancel orders made at an incorrect price.

All prices quoted on the Website are in Australian dollars and inclusive of Australian Goods and Services Tax (GST) unless they are marked as a fundraising item. If you are not an Australian resident, you may be liable to pay additional tariffs, duties or other taxes in connection with your order. We are not responsible for the payment of any additional tariffs, duties or other taxes and you must reimburse us on demand if we pay such additional tariffs, duties or other taxed in relation to your order.

3.2 Payment

If you order goods from us, payment is due immediately when your order is placed. When placing an order through the Website, you must provide your valid credit card number and any other information requested through the Website to enable payment for your order to be processed. Your credit card will be charged at the time your order is placed.

You warrant that any credit card details provided by you are true and correct and that you are authorised to charge the relevant payment to that credit card.

If GST is payable on a supply of goods ordered through the Website, you must pay the applicable GST in addition to the amount payable for the supply, packaging and delivery of the relevant goods.

Once you have placed an order, you cannot change it or cancel it without our express agreement. If we agree to alter or cancel your order, you must pay us any loss, damage, cost or expenses incurred in relation to the change or cancellation.

3.3 Delivery

We ship goods Australia wide. Please contact us if you require shipping international.

Goods will be delivered to the delivery address specified in your order. The costs of delivery are in addition to the costs of the goods quoted on the Website. Orders will be dispatched by us as soon as practicable after receipt of an order.

Deliveries are carried out on our behalf by Australia Post.The costs of delivery are influenced by the size and weight of the product and the destination for delivery. Delivery dates or times indicated at the time of placing an order (if any) are approximate dates only and do not constitute a guarantee of delivery by such date.

If requested, you must provide reasonably proof of your identity and sign an acknowledgement of receipt of goods at the time the goods are delivered to the specified delivery address. If you are not present at the time of attempted delivery of the goods to the specified delivery address or you cannot provide reasonable proof of your identity, the delivery service may keep the goods for later collection by you. You will be notified if that happens, and you must then collect the goods at your own expense.

If we reasonably determine that your order is not deliverable to the specified delivery address due to the address provided being invalid or lack of reasonable access to that address or you do not collect the goods within 15 days after being notified that they have been kept by the delivery service for collection by you, we may cancel the order and the relevant goods will be returned to us at your expense and made available for sale to other customers. In those cases, we will refund you the price you have paid for the goods less packaging and delivery charges and reasonable handling costs.

We reserve the right to make part deliveries of any order. Failure to make a delivery of the total order does not invalidate the contract of sale in relation to goods actually delivered. You are not relieved of your obligation to accept or pay for the goods because of any delay in delivery. We are not liable for any failure to deliver or delay in delivery for any reason beyond our reasonable control.

If we discover after accepting an order that we cannot deliver the ordered goods, we will notify you and will be entitled to cancel the order. We will, of course, inform you immediately and reimburse any payments made.

3.4 Goods damaged in transit

You must inspect the goods at the time of delivery. If you believe the goods have been damaged in transit, you must notify us atinfo@minus18.org.auwithin 48 hours after receiving them (or collecting them from the delivery service). If you do not notify us of the damage within that period, the goods will be taken to have been received in good condition and you will waive any claims in respect of any damage that may have occurred in transit. Nothing in this section excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited (including under the Australian Consumer Law).

3.5 Returns and Refund Policy

We will not accept a return or offer a refund in respect of any product unless it has been damaged in transit and you have notified us of the damage in accordance with the Terms of Use. No refund will be given if you simply change your mind.

Nothing in this in this section excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited (including under the Australian Consumer Law).

4. Warranties and representations

Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website or any Information or goods available or ordered through the Website, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. In particular, we do not warrant or represent:

• your computer systems will meet the minimum requirements to enable use of the Website;
• the Information is accurate, complete or suitable for any purpose;
• the Website and its services are free from any computer viruses or defects; or
• your access to the Website and its services will be continuous or uninterrupted.

5. Our liability

Nothing in the Terms of Use excludes, restricts or modifies anyright or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation (Non-Excludable Provision). However, to the maximum extent permitted by law, our liability for failure to comply with any Non-Excludable Provision is limited (at our option):

• in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired (as determined by us);
• in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by us).

Except as specified in this section 6 (Our liability), to the extent permitted by law:

• our maximum aggregate liability to you, whether in contract or in tort (including negligence) or otherwise, in respect of goods you have ordered through the Website for any loss or damage of whatsoever nature (whether direct, consequential, indirect or incidental damages) will be limited to and in no circumstances will exceed the price of the goods to which the liability relates; and
• we will otherwise not be liable for any loss, damage, costs or expenses, whether direct, consequential, indirect or incidental damages or loss and whether in contract, tort, statute or otherwise, suffered or incurred by you in connection with the Website.

The limitations and exclusions set out in this section 6 (Our liability) do not apply to our liability for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk would be apparent to a reasonable person in the same circumstances).

6. Waiver

Failure by us to insist on strict performance of any term, warranty or condition of the Terms of Use will not be taken as a waiver of it or of any of our rights, and no waiver will be taken as a waiver of any subsequent breach of any term, warranty or condition.

7. Links to third party websites

The Website may contain links to other websites that are not operated or controlled by us. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by us.

We are not responsible for the content of third party websites, which are not covered by the Terms of Use. You access those websites at your own risk.

8. Indemnity

You indemnify us in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by us as a direct or indirect result of you acting inconsistently with or breaching any part of the Terms of Use.

9. Copyright

Copyright in the Information is owned by us or our licensors.

You may download Information and print out the Information, but only for your own private, non-commercial use. Except as permitted by the Copyright Act 1968 (Cth) and this section 10 (Copyright), no part of the Website (including any Information) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. Requests for consent should be directed to us using the contact details below.

10. Jurisdiction

The Terms of Use will be governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria in the event of a dispute arising out of, or in connection with, any use of the Website.

11. Changes to these terms and conditions

We may amend the Terms of Use from time to time by posting the amended version on the Website. Subsequent or continuing use of the Website will constitute acceptance of any changes.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

12. Contact

If you have any questions regarding the Terms of Use or the Website, please contact us:

Email: info@minus18.org.au

Updated October 2019