TERMS OF SERVICE

PART A – PRODUCTS

These Terms

1) These terms of service (Terms) govern how DIIDA PTY LTD ACN: 609 132 185 (DIIDA, we us) will supply goods, services and benefits (Products) to you, including from its website (the DIIDA website) which is currently located at www.DIIDA.com.au.

2) These Terms prevail over any inconsistent terms in other DIIDA documents.

3) You are taken to have accepted these Terms by:

(a) ordering Products from us, making any payment or performing any of these Terms.

(b) by using or accessing the Website.

4) These Terms also incorporate and include the following:

(a) DIIDA Privacy Policy; [here]

(b) DIIDA Return and Refund Policy. [here]

Ordering and Purchasing

5) DIIDA’s promotion of Products is only an invitation to treat and does not itself constitute an offer to sell or guarantee the availability of the Products.

6) Any orders for Products (Orders) are offers to purchase the particular Product pursuant to these Terms and at the price specified at the time of the Order.

7) You are responsible for any error omission or cost arising from a failure or delay to provide all information necessary to enable performance of the Order.

8) DIIDA reserves the right to accept or reject an Order for any reason (in their sole discretion) including without limitation where the requested Product is not available or there is an error in the price or description of the Order.

9) If a Product is cancelled then, to the extent permitted by the law, you have no claim against DIIDA for any damage, loss, cost or expense arising from such a cancellation and DIIDA is only liable to refund the funds received for purchase of the Product.

10) You agree and acknowledge that you are liable for any Order made by persons who provide your valid and current DIIDA user identification number and password.

Restrictions on Products

11) From time to time there may be Products which are classified as “restricted products”. Generally, these are Products which may not be supplied to persons under the age of 18.

12) By placing an Order, you warrant to DIIDA that the restricted product is not being acquired for or on behalf of, and is not intended to be supplied to a person who is prohibited from acquiring a restricted product.

13) At its sole discretion, the DIIDA may make such further enquiries necessary to ensure that the supply of the restricted product will not contravene any applicable laws.

14) DIIDA may restrict the number of products that can be purchased by you.

DIIDA Products

15) Once you have logged into your Account with your username and password, you may order the Products through the link on our homepage and following the steps (Order).

16) You may be asked to click “I accept” prior to completing an Order for Products confirming your acceptance of our policies and terms. If you do not click “I accept” you will not be able to complete your Order.

17) You warrant and agree that:

(a) by placing an Order with us you are a Registered User;

(b) all Products ordered by you are for your own personal use;

(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to complete the Order;

(d) you will keep your Account details including your username and password confidential and secure;

(e) you will be solely responsible for all Orders made through your Account.

Delivery

18) The costs of delivering Products are charged separately and in addition to the purchase price.

19) The timeframes for and costs of delivery are calculated at the time of purchase in accordance with our Shipping Policy [hyperlink to Shipping Policy].

20) Delivery occurs when the Products arrive at your nominated address or collected by you (Delivery).

21) DIIDA does not warrant that Products will be delivered on time and is not liable for any loss or damage (including any consequential loss or damage) arising from late delivery.

22) Products are sent uninsured to the address provided by you and DIIDA takes no responsibility for Products lost in transit.

Price and GST

23) All prices are in Australian Dollars unless specified otherwise and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

24) Prices are current at the time of display but subject to change.

Payment

25) Products will not be dispatched until paid for in full to either the DIIDA or the Provider.

26) Payment Options

27) Products can only be paid:

(a) online through the DIIDA Website; or

(b) instore by cash, credit card or debit card.

28) If valid and full payment is not received within the time period stipulated by DIIDA then the Order may be cancelled.

Risk and Title

29) Risk in the Products passes to you when Delivery occurs or when the Products are in your custody, whichever is the first.

30) Title in the Products passes when full payment is received by DIIDA.

Discrepancies

31) We do not warrant that any of our Products will;

(a) meet your expectations; or

(b) fit you.

32) Please be careful when selecting items online as we cannot guarantee that the colour displayed on your device will be the exact colour of the Product.

33) We reserve the right to change the description or pricing of our Products or discontinue them at our sole discretion.

34) If there is any discrepancy between Products ordered and Products delivered, you must provide full details of the discrepancy to DIIDA as soon as possible and not later than 2 business days from the date of delivery, otherwise the Order will be deemed to have been accepted and delivered correctly in all respects.

Cancellation, Returns and Refunds

35) DIIDA’s policy on refunds and returns is found at [here].

36) DIIDA may cancel any Order in whole or in part by notice to you without any liability or claims against DIIDA, in circumstances which include but are not limited to the following:

(a) the requested Products are not available;

(b) there is an error in the price of the description of the Product; or

Limitation of liability and indemnity

37) DIIDA acknowledges that:

(a) under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth), certain statutory expressed and implied guarantees and warranties may be implied into these Terms (“Non-Excluded Guarantees”).

(b) nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.

38) DIIDA makes no warranties or other representations except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees. DIIDA’s liability in respect of these warranties is limited to the fullest extent permitted by law.

39) So far as may be permitted by law, the liability of DIIDA and its employees and/or agents for a failure (other than a major failure) to comply with a Non-Excluded Guarantee, shall be limited to, at DIIDA’s option:

(a) the replacement of the Products or the supply of equivalent Products;

(b) the payment of the cost of replacing the Products or of acquiring equivalent Products;

(d) the payment of the cost of having the Products repaired.

40) So far as may be permitted by law, if a failure of DIIDA to comply with the Non-Excluded Guarantees cannot be remedied or is a major failure, your right to recover damages is limited to the reasonably foreseeable loss or damage suffered as a result of that failure. However, DIIDA is not liable for loss or damage that results from a failure of DIIDA or the Provider to comply with the Non-Excluded Guarantees if that failure was caused independent of human control and occurred after the Products left the control of DIIDA.

41) In circumstances where the Non-Excluded Guarantees do not apply, DIIDA, its employees and/or agents shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatsoever, even if due to the negligence of DIIDA, its employees and/or agents or the Provider.

42) You acknowledge that you do not rely on the skill or judgment of DIIDA when deciding whether or not the Products are fit for any particular purpose.

PART B – DIIDA WEBSITE

Registration and Use of the Website

43) You may use the Website to view our goods, services and benefits (Products.

44) In order to purchase Products on our Website, you will be required to register as a user (Registered User) and create an account (Account).

45) It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access.

46) You agree to provide accurate and complete information when you become a Registered User and create your Account.

47) You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors outside our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your software or hardware.

Privacy Policy

48) You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account will be held by us in accordance with our Privacy Policy [here].

Limitations on Use

49) By accessing and using the Website you warrant and agree that you will:

(a) only use it to view, cache, browse, display, print or download a copy of information or material featured on the Website to your computer;

(b) use it for your own personal purposes and not for any purposes that are unlawful or may prejudice our reputation or interests of DIIDA; and

(d) not use the Website for any activity which is obscene, indecent, offensive or defamatory;

(e) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained within it;

(f) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website;

(g) refrain from uploading onto the Website any material, or use the Website in any way which:

(i) infringes the intellectual property rights of any person; or

(ii) is unlawful or violates any law;

(h) not breach any other terms of the Terms of Use or our Privacy Policy.

Technical information and Security

50) The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, we are not liable for any breaches of security or for any interference, loss, damage, or disruption to your computer or mobile device which arises in connection with your use of the Website.

51) You acknowledge that it is your responsibility to:

(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and

(b) ensure that whatever you select for your use from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.

52) We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

Intellectual Property

53) The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

54) You should assume that any intellectual property on the Website is owned by DIIDA or third parties and unless permitted by law, you must not:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or

(b) commercialise any information, products or services obtained from any part of this Website without our prior written consent.

Third Party Websites and Third Party Content

55) This Website may contain links to websites owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.

56) Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their Products.

57) We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in linked websites and third party websites; and

(b) any loss or damage suffered as a result of access to, or use of, these third party websites or, the reliance on the information contained within.

58) You must make your own enquires as to the suitability of the content of third party websites and the goods and services available for sale on them.

59) Third party websites may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

Content Standards

60) These content standards apply to any and all material that you contribute to our Website (Contribution), and to any interactive services associated with it.

61) By uploading, transmitting, posting or otherwise making any Contribution you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose;

(b) warrant that the Contribution is accurate (where you state fact); is genuinely held (where they state opinions); and complies with any applicable law in Australia; and

(c) you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Contribution.

62) We reserve the right (but have no obligation) to:

(a) prevent the upload, transmission, posting or otherwise making available of any Contribution from a user of the Website;

(b) review, modify, reformat, reject or remove any Contribution uploaded, posted, transmitted or otherwise made available through the Website that, in our opinion, violates these Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person; and

(c) monitor the use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms of Use or for the purposes of any police investigation or governmental request.

63) You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available on the Website.

64) You acknowledge and agree that any Contribution made by you must not:

(a) contain any material that is defamatory of any person;

(b) contain any material that is obscene, offensive, hateful or inflammatory;

(d) promote violence;

(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) infringe the intellectual property rights of any person;

(g) be likely to deceive any person;

(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(i) promote illegal activity;

(j) be likely to harass, upset, embarrass, alarm or annoy any other person;

(k) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(l) give the impression that they emanate from us if this is not the case; or

(m) contain links or reference to other services or websites.

65) By allowing you to upload, post, transmit or otherwise make available your Contribution on the Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.

Email Notifications

66) When you create an Account on the Website you agree to us sending you communications via email (Email Notifications).

67) You may choose to stop receiving Email Notifications at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.

68) If you do not opt-out from Email Notifications the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

Suspension or Termination

69) We reserve the right to suspend or terminate your access to the Website at our sole discretion if we believe there has been a breach of these Terms of Use.

70) In the above instances, we will endeavour to notify you of the breach and ways in which you can remedy it.

71) We reserve the right to cease operating the Website at any time, without notice.

Exclusion of Warranties

72) While we endeavour to ensure the accuracy and completeness of the information contained on the Website, that information may contain errors and omissions and is subject to change.

73) To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website;

(b) the performance and availability of the Website;

74) Where liability cannot be excluded, any warranty by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

75) We make no warranties or guarantees that the use of the Website will achieve your desired state of clarity, calm and contentment or improve your mental state. The information, courses and programs provided on the Website are intended for the benefit of the general public and are not intended to replace or substitute advice from a qualified health care professional.

Limitation of Liability

76) To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:

(a) the use of, or reliance on, any of the information or material on the Website;

(b) the use of other third party linked websites;

(d) the suspension, termination or interruption of the Website in whole or in part for whatever reason;

(e) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.

77) Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

PART C – GENERAL

Governing law and jurisdiction

78) These Terms are governed by the law in force in the State of Victoria.

79) Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in State of Victoria, and any court that may hear appeals from any of those courts, for any proceedings in connection with these terms, and waives any right it might have to claim that those courts are an inconvenient forum.

Amendment

80) We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time and such amendment will be effective immediately upon appearing in the Website. Please ensure that you review these Terms of Use regularly as your continued use of the Website will be deemed acceptance to any variation of the Terms of Use.

Waiver

81) A right of DIIDA may only be waived in writing and signed by DIIDA.

82) No other conduct of DIIDA (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.

83) A waiver of a right by DIIDA on one or more occasions does not operate as a waiver of that right if it arises again.

84) The exercise of a right by DIIDA does not prevent any further exercise of that right or of any other right.

Severability

85) Any provision of these Terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of the terms.

Variation

86) DIIDA is entitled to vary these Terms at any time by giving you 7 days’ written notice.

Australian Shipping

87) We use Australian Registered Post for all orders within Australia.

88) *Delivery time frames begin from the time the parcel is collected by Australia Post.

89) All deliveries must be signed for upon arrival. If you are not present to sign, Australia Post will leave your parcel at the closest Australia Post Office.

DELIVERY OPTIONS	TIME	COST
Standard Delivery	3-7 business days	$14.99
Express Delivery	2-3 business days	$24.99
Click & Collect	Next day	Free

Click & Collect

90) Click & Collect from DIIDA boutiques is available in accordance with boutique opening hours which can be found on our website.

91) Our Click & Collect service allows you the option to collect your online purchase directly from our DIIDA boutique. Click & Collect orders will be ready to collect the following day, orders placed before midday may be eligible for same day pick up. You will receive a phone call from our DIIDA boutique when your order is ready for pick up.

International Shipping

92) International orders will be dispatched from Melbourne, Australia within 3-5 business days and delivered within 3-7 business days depending on your location.

93) Delivery dates supplied by DIIDA are a best estimate only and DIIDA will not be liable for any unavoidable delay by our delivery partners.

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TERMS OF SERVICE

PART A – PRODUCTS

PART B – DIIDA WEBSITE

PART C – GENERAL

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