Terms and Conditions2018-11-09T09:10:22+00:00

Terms and Conditions

1. OVERVIEW

This website is operated and owned by Therian Pty Ltd ABN (82 107 418 262) and ACN (107 418 262) (‘Therian‘). Throughout the site, the terms “we”, “us” and “our” refer to Therian Pty Ltd (‘Therian‘). Therian offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Conditions”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, commercial customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and services.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including payment information), may be transferred and involve (a) transmissions over various Therian networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted with the industry-standard during transfer over networks to our Payment Vendors. Please view their respective Terms and Conditions for more information.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The following conditions apply:

(a)   govern all supply of goods and services by Therian;
(b)   supersede all prior representations and agreements between the parties about supply of goods and services;
(c)   will not be altered by any Customer and/or Commercial Customer document or statement; and
(d)   may only be altered in writing signed by the Chief Executive Officer of Therian Pty Ltd.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. MODIFICATIONS TO THE SERVICE AND PRICES

(a) Prices for our products are subject to change without notice.

(b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

(c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or product.

6. PRODUCTS AND DELIVERY

(a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

(b) We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

(c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

(d) 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 in the Service will be corrected.

(e)Orders will be posted to the address specified during order creation. Ability to change the delivery address after order creation is up to the sole discretion of Therian.

(f) Timeframes for delivery and delivery charges are supplied by third-party companies, and are subject to the availability of the product/s and delivery address. Delivery charges will vary upon your address. All delivery dates are estimates, and begin from once the package leaves the Therian warehouse.

(g) Products ordered from Therian will be your responsibility and risk from the time they have left our warehouse and posted to the address that has been provided by you during the order process. You are solely responsible for ensuring that an individual is willing and able to be present and accept delivery of the order. Therian will not be liable for any damage, loss, theft, failure of postal delivery or delivery to the incorrect address (if the address is the same as given by you at the time of order creation) of any order at any time thereafter the order has been posted by us.

(h) It is your sole responsibility to verify and check the order that has been delivered to your supplied address at the time of ordering. If there are any defects, damages or discrepancies of your order that can be verified to have happened before delivery, they should be notified to us in writing via email (info@therian.com.au) within 7 business days of the package been delivered.

7. QUOTATION

An order taken by Therian Pty Ltd or provided by a Customer shall not be accepted and is subject to a formal written quotation by us. A quotation shall remain valid and open for a period of 30 days from its date unless otherwise specified by us.

8. GUARANTEE

The person by signing the acceptance of quotation warrants that he/she is a principal or director of the Commercial Customer and agrees to:

(a)  guarantee payment for the goods ordered in accordance with the terms of the agreement between the Commercial Customer and Therian;
(b)  indemnify Therian Pty Ltd against any loss or damage caused by a breach of the agreement by the Commercial Customer.

This guarantee is a continuing guarantee and is not affected by any time or indulgence granted to the customer or the fact that no demand or proceedings are instituted against the Commercial Customer. Nor is it affected if, for any reason, this agreement becomes unenforceable against the Commercial Customer by virtue of its liquidation or for any other reason.

9. COMMERCIAL PRODUCT DELIVERY

Therian will use reasonable efforts to deliver goods to the Commercial Client on or before any estimated delivery date, but Therian does not represent or warrant that it will be able to do so. All estimates are made subject to lead time from the manufacturer and shipping delays. The Commercial Customer must notify Therian of its address for delivery of goods.

In accordance with section 8, section 6 (b), (c), (d), (h) also apply.

10. COMMERCIAL RISK AND TITLE

The parties agree that property in the goods passes to the Commercial Customer when the goods subject of this Agreement (see section 1) and all other goods supplied by Therian to the Commercial Customer have been paid for in full. Until then, the goods remain the property of Therian Pty Ltd. The goods are at the Customer’s risk immediately on dispatch and delivery (see section 8) to the Commercial Customer. If insurance of the goods is required, it is the Customer’s sole responsibility to attend to it.

11. RETURNS & REFUNDS

Therian acknowledges its statutory obligations to the Customer and Commercial Customer, including under the Competition and Consumer Act 2010. Please see our Refunds & Returns policy for more information. Therian is committed to quality products for its customers. Should any product be found to be defective or requires a refund, refer to our Refund Policy for full details on your rights.

12.  ACCURACY OF BILLING AND ACCOUNT INFORMATION

(a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

13. OPTIONAL TOOLS

(a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

(b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

(c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

(d) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

14. THIRD-PARTY LINKS

(a) Certain content, products and services available via our Service 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

(a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

(c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

16. PERSONAL INFORMATION AND OTHER DATA

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy to learn more.

17. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

18. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Therian, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Therian warrants that its products are free from any defects. We shall within a period of twelve (12) months from the date of purchase, repair or replace, at our sole discretion, any product which it deems to be defective, excluding those products or components provided by another party PROVIDED ALWAYS that the Commercial Customer must specify in writing to us the alleged defect within 30 days after such defect should have been discovered. It is up to the Commercial Customer and/or Customer to ensure that the product is fit for its purpose based on the specifications of such product.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Therian Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

21. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the laws of Queensland, Australia, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce-ability of any other remaining provisions.

22. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

23. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24. PRIVACY POLICY

Therian is committed to respecting the privacy of its customers and adheres to the National Privacy Principles as set out in the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000. Refer to our Privacy Policy for full details.

25. LICENSE AND OWNERSHIP

The copyright for the content on this website is owned by Therian and is protected under the Copyright Act 1968 and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Therian. Therian and all custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Therian.

26. ORDERING

(a) You must check and verify that all information details submitted are complete and accurate, as the owner of such information.

(b) Therian is not bound for any reason to complete and/or fill any order. If Therian is unable to supply you with a product sold from the website service, you will be informed, and a substitute product will be offered or a choice of a refund.

(c) You are able to cancel any order placed before it has been completed and shipped. To do so, please email Therian at info@therian.com.au with your invoice number and order details to complete the cancellation process. Orders that have been classified as “shipped” and/or “completed” cannot be cancelled under any circumstance.

(d) Product orders will not be processed until full payment has been recieved from the payee (you). Product prices will be as displayed at the creation of the order and record of order creation. Shipping and handling charges are subject to change at any time and will vary upon delivery address and product availability.

27. PROMOTIONS

(a) No promotion, coupon or discount code that is available for redemption via the Website (‘service’) may be used in conjunction with any other offer.

(b) No promotion, coupon or discount code can be applied to an order once placed, unless approved only at the sole discretion by us.

(c) Only one promotion, coupon or discount code will be valid per order.

28. FORCE MAJEURE

Therian obligation to perform in accordance with these Conditions will be suspended for the duration of any delay arising out of anything outside Therian reasonable control.

29. CUSTOMER DEFAULT

The following applies to Commercial Customer and Customer of Therian, referred to hereafter as Party (‘party‘):

Party default if:

(a)   the party fails to pay when due any amount owing to Therian Pty Ltd (“Therian”,”Us”,”We”);
(b)   any step is taken to enter into any arrangement between the party and its creditors;
(c)   the party ceases to be able to pay its debts as they become due or to carry on business; or
(d)   any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of or to the whole or any part of the Party’s assets or business

Therian Pty Ltd may do any or all of the following (in addition to any other rights Therian may have):

(a)   require the party to pay immediately all amounts invoiced but unpaid or to pay in advance of or on delivery;
(b)   suspend or cease supplying goods and services to the party (whether or not the party has ordered goods or services that have not yet been supplied); or
(c)   enter the Party’s premises or any other place where the goods are stored and to take possession of and resell any goods owned by Therian. In those circumstances the party authorises such entry.

30. QUERIES, NOTICES OR COMPLAINTS

Should you have any queries or complaints, please email us at info@therian.com.au.

31. GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services and/or Products shall be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

The following Site, Service or Products are managed from Queensland, Australia – and cannot guarantee and make no representation that any content or Site materials are appropriate for use in other locations outside of Queensland, Australia.

32. CHANGES TO TERMS

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Effective date: October 11, 2018
Last Updated: 11th October, 2018