1. About the Website
a. Welcome to www.thesixthproject.com (the 'Website'). The Website provides you with an opportunity to browse and purchase products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
b. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
c. The Sixth Project reserves the right to review and change any of the Terms by updating his page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where the option is made available to you by The Sixth Project in the user interface.
3. Registration to use the Purchase Services
a. In order to access the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details).
b. You warrant that any information you give to The Sixth Project in the course of completing the registration process will always be accurate, correct and up to date.
c. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms, As a Member you will be granted immediate access to the Purchase Services.
d. You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with The Sixth Project; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. General Disclaimer
a. You acknowledge that The Sixth Project does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
b. The Sixth Project will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
c. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
d. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated these Terms are excluded; and
- The Sixth Project will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.
e. Use of the Website, the Purchase Services, and any of the products of The Sixth Project (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Sixth Project, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Sixth Project (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Sixth Project) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurrred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
a. You acknowledge that the Purchase Services offered by The Sixth Project integrates delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
b. In providing the Purchase Services, The Sixth Project may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Sixth Project is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service providers in respect to providing the Delivery Services.
c. In the event that an item is lost or damaged in the course of the Delivery Services, The Sixth Project asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to The Sixth Project, outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
6. Limitation of Liability
a. The Sixth Project's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), inequity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Sixth Project is the resupply of information or Purchase Services to you.
b. You expressly understand and agree that The Sixth Project, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
c. The Sixth Project is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Sixth Project, by third parties or by any of the Purchase Services offered The Sixth Project.
d. You acknowledge that The Sixth Project does not provide the Delivery Services to you and you agree that The Sixth Project will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
7. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.