Terms and Conditions

1. About this website

 

These Website Terms of Use apply to the websites owned and operated by Berry Street Victoria Inc (ABN 24 719 196 762) (Berry Street Victoria) under the domain name "berrystreet.org.au" (the Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and by using this Website you agree to be bound by these Terms of Use.

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

 

2. Australian residents only

 

The information contained within the Website is intended for Australian residents only and is not intended for use by any person who is a resident of any other country as the Content or these Terms of Use may not comply with non-Australian laws. References to currency are in Australian dollars unless otherwise specified.

 

3. Links to other websites

 

The Website may contain links to third party websites. Berry Street Victoria does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, restricted or modified by agreement (Your Statutory Rights), Berry Street Victoria makes no warranties or representations:

(a) regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or

(b) that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, Berry Street Victoria is not authorising the reproduction of material on linked websites.

 

4. Information available at the Website

 

The Website provides general information about Berry Street Victoria and Berry Street Victoria's various programs, services and activities.

In addition, the Website may from time to time contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you. Whilst Berry Street Victoria has made every effort to ensure that any such features are accurate and free from defect, the features are provided on an "as is" basis.

 

5. Availability of the Website

 

As electronic services are subject to interruption or breakdown, access to the Website is offered on an "as is" and "as available" basis. Berry Street Victoria may withdraw the Website at any time and without notice to you.

 

6. User conduct

 

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any Website user.

If you access any personal information about other individuals through the Website, you must keep that information confidential unless you have their consent.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

 

7. Orders and Donations

 

Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods. While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Subject to Your Statutory Rights, any graphics, photos, or illustrations used in relation to goods available for ordering on the Website may not be fully representative of the goods described and should be used as a guide only.

By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.

Prices for goods displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order.

Title to the goods shall pass to you on payment in full of the purchase price and any applicable delivery and handling charges. Risk of loss or damage to the goods shall pass to you when the goods are passed from us to our delivery provider for delivery to you. We do not insure orders, so we recommend that you nominate a secure delivery address.

Any delivery period stated on the Website is an indication only of the anticipated period for delivery of the goods, and does not form part of the agreement for sale of the goods. We may contact you if we anticipate any issues delivering your goods within a reasonable time.

If you place an order or make a donation through the Website, in addition to Your Statutory Rights, we may consider your request for a refund where:

  • you notify us within thirty (30) days of the donation or receipt of the order;

  • you provide us with a copy of your receipt; and

  • you indicate the reason for wanting a refund.

Refunds of credit card payments will be made to the same credit card.

 

8. Termination and suspension

 
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
 

9. Warranties

 
Subject to Your Statutory Rights:
  • Berry Street Victoria does not expressly guarantee or warrant the accuracy, adequacy or completeness of Content on the Website;
  • all Content is provided on an “as is” basis and without express guarantees or warranties;
  • all terms implied by law, except those that can not be lawfully excluded, are excluded;
  • all Content is subject to change without notice; and
  • Berry Street Victoria does not warrant that this Website or any linked websites will be free from viruses or defects.

10. Limitation of Liability

 

Subject to Your Statutory Rights, Berry Street Victoriais not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on this Website, to any material on linked websites, or to access or use of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. You also agree not to sue Berry Street’s directors, employees, agents and contractors in relation to any of those losses, damages, liabilities, claims and expenses.

Nothing in these terms and conditions is intended to exclude, restrict or modify Your Statutory Rights.

 

11. Indemnity

 

You indemnify Berry Street Victoria in respect of any liability incurred by Berry Street Victoria for any loss or damage, howsoever caused, suffered by Berry Street Victoria as a result of your breach of these Website Terms of Use or your use of the Website.

 

12. Copyright and trade marks

 

Copyright in the Content on this Website is owned or licensed by Berry Street Victoria, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content 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 prior written consent of Berry Street Victoria or our licensor(s) (as appropriate).

Trade marks used on this Website are owned by Berry Street Victoria or third parties. You must not use any trade marks used on this Website without the consent of the trade mark owner.

 

13. Acceptance and changes to these Terms of Use

 
You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use. Berry Street Victoria may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, Berry Street Victoria has provided you with sufficient notice of the variation.

14. Jurisdiction

 

The law applicable to the Website and to disputes arising out of the Website is the law of the State of Victoria, Australia.

 
 
Berry Street Victoria Inc ABN 24 719 196 762