1.2By agreeing to these Terms, you are entering into an agreement with ARA Experience Pty Ltd (ACN 639 719 734) including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
1.3Our Services, including but not limited to the registration of an account with us or placing of an order, is not intended to be used by children under the age of 18. If you are under 18, any use of our Services must be with the involvement of a parent or guardian.
1.4By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
2. Use of the Services
2.2You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
Details and marketing emails
2.4By making an Order with us, you expressly consent to the receipt of electronic communications (including emails) with respect of your Order and that such emails may contain commercial or marketing messages such as links to other products that may interest you. Due to the nature of such electronic communications, you agree that section 18(1) of the Spam Act 2003 (Cth) does not apply to such electronic communications.
2.5You agree that you will not:
(b)disclose or share your password or login information for the Services with any party;
(c)use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with or prevent the reliability and performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
(d)copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
(e)use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
(f)post a person’s personal information or images without express permission;
(g)solicit or engage in any illegal or unlawful activity;
(h)use the Service to redirect users to other websites or encourage users to visit other websites;
(i)use the Service for any phishing, trolling or similar activities;
(j)defraud, scam, hack, swindle or deceive other users of the Services;
(k)harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(l)circumvent, disable or otherwise interfere with security-related features of the Services or features that determine whether you are acting in accordance with the Terms;
(m)attempt to access any Services or area of the website that you are not authorised to access; or
(n)allow third parties to access and use the Services via your account;
(o)collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
(p)use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(q)embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(r)use any kind of code, program or device containing reference to ARA Experience or the Services in order to direct any person to any other website for any purpose;
(s)resell, rent out or make any commercial use of the Services;
(t)use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
(u)attempt to mislead others as to the origin of any information through the Services by copying, forging or manipulating identifiers such as headers, footers or signatures;
(v)use automated methods or processes to use or access the Services or create user accounts;
(w)attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services;
(x)cause harm to our 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 of our Services; or
(y)use the Services other than for their intended purpose.
3. User Generated Content
3.1By uploading, publishing, transmitting or making available any data, content or other material to ARA Experience including but not limited to, sharing posts using specific hashtags (#) in line with a campaign we might be running at that time, posting, publishing or uploading comments, reviews, images, photos, content or any other material to our Websites (User Content), you grant ARA Experience, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
3.2By posting, uploading, publishing, transmitting or making available any User Content to ARA Experience, you warrant and represent to ARA Experience that:
(b)ARA Experience’s use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
(c)any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(d)the disclosure and use of the User Content to ARA Experience will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
(e)the use by ARA Experience of the User Content will not breach the security of ARA Experience or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(f)the disclosure and use of the User Content by ARA Experience does not violate these Terms or other policies, or any applicable law, rule or regulation;
(g)the User Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(h)the User Content does not promote or cause harm or intimidation of any kind against any group or individual;
(i)the disclosure and use of the User Content by ARA Experience does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(j)the disclosure and use of the User Content by ARA Experience will not bring ARA Experience into disrepute; and
(k)the User Content does not contain, promote or enable illegal or unlawful activities.
Rights and liability of ARA Experience in relation to User Content
3.4You agree that ARA Experience may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.
3.5You acknowledge and agree that ARA Experience does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that ARA Experience is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release ARA Experience and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
4. User Accounts
4.3You agree that User Content you provide to ARA Experience to be made publicly accessible to third parties, including other users or visitors of the Services. You agree that ARA Experience is not liable to you for the use or access of User Content by third parties.
4.4ARA Experience retains the right to screen and verify your identity or your business’s identity (if applicable) in our sole discretion. You agree to submit to such screening and to provide to ARA Experience at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation.
4.5You understand that ARA Experience may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
5. Orders and Cancellations
5.2An order for the purchase of Goods (Order) is accepted upon the latter of the following to occur:
(b)you have paid the purchase price in full, including any taxes, duties and shipping costs; and
(c)we have issued an Order confirmation.
5.3By placing an Order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your Order.
5.4ARA Experience reserves the right to:
(b)request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
(c)cancel an order at any time, for any reason; or
(d)restrict the quantity or total value of goods available for purchase to each person or address.
5.7In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by ARA Experience as a direct result of the cancellation (including, but not limited to, any loss of profits).
6. Prices and Payment
6.3Prices of goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.
7. Promotions and Discounts
7.1Promotions or discounts are subject to their own specific terms and conditions as provided by ARA Experience from time to time.
7.2Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
7.3ARA Experience reserves the right to:
(b)cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
8.1Without prejudice to any other remedies, ARA Experience may:
(b)terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election, or
(c)suspend your access to the Websites.
9. Intellectual Property
9.1All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to ARA Experience, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, 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, without the prior written consent of ARA Experience.
9.3Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of ARA Experience’s intellectual property rights, whether by estoppel, implication or otherwise. ARA Experience reserves all rights not expressly granted in the Services.
9.4Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(b)challenge ARA Experience’s ownership of ARA Experience IP;
(c)infringe ARA Experience IP; or
(d)use or make any intellectual property that is similar to ARA Experience IP.
11. Unauthorised access and malicious materials
11.2To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
12. Hyperlinks and Third Party Content
12.2Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that ARA Experience is not liable for any information on, or the privacy practices of, any third party websites.
13. Limitation of Liability
13.1To the maximum extent permitted by law, neither ARA Experience , nor any of its employees, agents, affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor; and any third party supplier of any material on the Websites, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(b)any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c)any delay or failure in the provision of our Services;
(d)any errors in, or omissions from, the information contained in the Services;
(e)any loss of data;
(f)any goods or services supplied by ARA Experience; or
(g)these Terms or any breach of these Terms.
13.2You understand and agree 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 Services, that you will be responsible for those consequences.
13.3To the maximum extent permitted by law, ARA Experience liability under these Terms shall be limited to any one or more of the following:
(b)the repair of such Goods or Services;
(c)the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
(d)the payment of the cost of having the Goods repaired.
13.4To the extent permitted by law, ARA Experience expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
13.5This clause survives termination of these Terms.
14. Disclaimer of Warranty
14.2We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
15. Release and Indemnity
15.2This clause survives termination of these Terms.
16. Amendments and correction of errors
16.2Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
16.3ARA Experience reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
17.2Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our 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 ARA Experience will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
17.3Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
17.4Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ARA Experience and you or any other party unless expressly stated otherwise.
17.5Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
17.6Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services 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 Terms.