1. About the Website
1.1. Welcome to www.robhartnett.com (the ‘Website’). The Website provides you
with an opportunity to browse and purchase various 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’).
1.2. The Website is operated by The Hartnett Group Pty Ltd PTY LTD (ACN
090423617) . Access to and use of the Website, or any of its associated
Products or Services, is provided by The Hartnett Group Pty Ltd. 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 of Services, immediately.
1.3. The Hartnett Group Pty Ltd reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When The Hartnett Group
Pty Ltd updates the Terms, it will use reasonable endeavours to provide you
with notice of updates to the Terms. 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 this option is made available to you by
The Hartnett Group Pty Ltd in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.2. You warrant that any information you give to The Hartnett Group Pty Ltd in the
course of completing the registration process will always be accurate, correct
and up to date.
3.3. 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.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with The Hartnett
Group Pty Ltd; or
(b) 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. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify The Hartnett
Group Pty Ltd of any unauthorised use of your password or email address
or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of The Hartnett Group
Pty Ltd providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by The Hartnett Group Pty Ltd for any illegal or unauthorised use
of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through Square (the ‘Payment
Gateway Provider’)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by The Hartnett
Group Pty Ltd, you will be issued with a receipt to confirm that the payment has
been received and The Hartnett Group Pty Ltd may record your purchase
details for future use.
5.4. The Hartnett Group Pty Ltd may, at their sole discretion, provide a refund on
the return of the Products within 30 days where the Product packaging is
unopened and remains in a saleable condition. You acknowledge and agree
that you are liable for any postage and shipping costs associated with any
refund pursuant to this clause.
6. Warranty
6.1. The Hartnett Group Pty Ltd’s Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure of the Product and compensation for
any other reasonably foreseeable loss or damage. You are also entitled to
have the Products repaired or replaced if the Products fail to be of acceptable
quality and the failure does not amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
defects and workmanship in the Products within 1 month from the date of
purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to The Hartnett Group Pty Ltd showing the date of
purchase of the Products, provide a description of the Products and the price
paid for the Products by sending written notice to The Hartnett Group Pty Ltd at
PO Box 7387, Beaumaris, Victoria, 3193 or by email at leisa@robhartnett.com.
6.4. Where the Warranty Claim is accepted then The Hartnett Group Pty Ltd will, at
its sole discretion, either repair or replace any defective Products or part
thereof with a new or remanufactured equivalent during the Warranty Period at
no charge to you for parts or labour. You acknowledge and agree that you will
be solely liable for any postage or shipping costs incurred in facilitating the
Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by The Hartnett
Group Pty Ltd and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by The Hartnett Group
Pty Ltd integrate delivery (the ‘ Delivery Services’) through the use of third
party delivery companies (the ‘ Delivery Service Providers’).
7.2. In providing the Purchase Services, The Hartnett Group Pty Ltd 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 Hartnett Group Pty Ltd 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.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, The Hartnett Group Pty Ltd asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to Australia Post 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.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of The
Hartnett Group Pty Ltd are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the ‘Content’) are owned or
controlled for these purposes, and are reserved by The Hartnett Group Pty Ltd
or its contributors.
8.2. The Hartnett Group Pty Ltd retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the Website
will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of The Hartnett Group Pty
Ltd; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of The Hartnett Group Pty Ltd
and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt
or change in any way the Content or third party content for any purpose. This
prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
9. Privacy
The Hartnett Group Pty Ltd takes your privacy seriously and any information provided
through your use of the Application and/or the Purchase Services are subject to The
Hartnett Group Pty Ltd’s Privacy Policy, which is available on the Application.
10. General Disclaimer
10.1. You acknowledge that The Hartnett Group Pty Ltd does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
10.2. The Hartnett Group Pty Ltd 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.
10.3. 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.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) The Hartnett Group Pty Ltd 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), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of The
Hartnett Group Pty Ltd (including the Delivery Services), is at your own risk.
Everything on the Website, the Purchase Services, and the Products of The
Hartnett Group Pty Ltd, 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 Hartnett Group Pty Ltd (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 Hartnett Group
Pty Ltd) 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:
(a) 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;
(b) 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);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. The Hartnett Group Pty Ltd’s total liability arising out of or in connection with
the Purchase Services or these Terms, however arising, including under
contract, tort (including negligence), in equity, 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
Hartnett Group Pty Ltd is the resupply of information or Purchase Services to
you.
11.2. You expressly understand and agree that The Hartnett Group Pty Ltd, 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.
11.3. The Hartnett Group Pty Ltd 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 Hartnett Group Pty Ltd, by third parties
or by any of the Purchase Services offered by The Hartnett Group Pty Ltd.
11.4. You acknowledge that The Hartnett Group Pty Ltd does not provide the
Delivery Services to you and you agree that The Hartnett Group Pty Ltd 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.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by The
Hartnett Group Pty Ltd as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying The Hartnett Group Pty Ltd at any time; and
Your notice should be sent, in writing, to The Hartnett Group Pty Ltd via the
‘Contact Us’ link on our homepage.
(b) closing your accounts for all of the Purchase Services which you use,
where The Hartnett Group Pty Ltd has made this option available to you.
12.3. The Hartnett Group Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) The Hartnett Group Pty Ltd is required to do so by law;
(c) the partner with whom The Hartnett Group Pty Ltd offered the Purchase
Services to you has terminated its relationship with The Hartnett Group Pty
Ltd or ceased to offer the Purchase Services to you;
(d) The Hartnett Group Pty Ltd is transitioning to no longer providing the
Purchase Services to Users in the country in which you are resident or
from which you use the service; or
(e) the provision of the Purchase Services to you by The Hartnett Group Pty
Ltd is, in the opinion of The Hartnett Group Pty Ltd, no longer
commercially viable.
12.4. Subject to local applicable laws, The Hartnett Group Pty Ltd reserves the right
to discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts The Hartnett Group
Pty Ltd’s name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and The Hartnett Group Pty Ltd have benefited from, been
subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.
13. Indemnity
13.1. You agree to indemnify The Hartnett Group Pty Ltd, its affiliates, employees,
agents, contributors, third party content providers and licensors from and
against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his
or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by The Hartnett Group Pty Ltd is intended to be viewed
by residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy,
Approved by
Signature: _________________________________________
Full Name: ……
Date: ……
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.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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