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WEBSITE TERMS AND CONDITIONS OF USE
About the Website
a) Welcome to www.thepheromonegroupinternational.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').
The Website is operated by The Pheromone Group International Pty Ltd(ACN 661703028).
Access to and use of the Website, or any of its associated Products or Services, is
provided by The Pheromone Group International 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.
The Pheromone Group International Pty Ltd reserves the right to review and change any of
the Terms by updating this page at its sole discretion. When The Pheromone Group
International 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.
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
Pheromone Group International Pty Ltd in the user interface.
Registration to use the Purchase Services
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:
Email address
Preferred username
Mailing address
Telephone number
Password
You warrant that any information you give to The Pheromone Group International Pty Ltd in
the course of completing the registration process will always be accurate, correct and up to
date.
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.
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 Pheromone Group
International Pty Ltd; 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.
Your obligations as a Member
As a Member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
the Terms;
any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions;
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;
any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify The Pheromone Group
International Pty Ltd of any unauthorised use of your password or email address or
any breach of security of which you have become aware;
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 Pheromone Group International
Pty Ltd providing the Purchase Services;
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;
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
Pheromone Group International Pty Ltd for any illegal or unauthorised use of the
Website; and
you acknowledge and agree that any automated use of the Website or its Purchase
Services is prohibited.
Purchase of Products and Returns Policy
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').
Payment of the Purchase Price may be made through PayPal & Online EFT (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.
Following payment of the Purchase Price being confirmed by The Pheromone Group
International Pty Ltd, you will be issued with a receipt to confirm that the payment has
been received and The Pheromone Group International Pty Ltd may record your purchase
details for future use.
The Pheromone Group International Pty Ltd may, at their sole discretion, provide a refund
on the return of the Products within 7 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.
Warranty
The Pheromone Group International 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').
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').
In order to make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to The Pheromone Group International 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 Pheromone Group International Pty Ltd at PoBox 3208,
Rouse Hill, New South Wales, 2155 or by email at
contact@thepheromegroupinternational.com.
Where the Warranty Claim is accepted then The Pheromone Group International 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.
The Warranty shall be the sole and exclusive warranty granted by The Pheromone Group
International 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.
All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
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.
Delivery
You acknowledge that the Purchase Services offered by The Pheromone Group
International Pty Ltd integrate delivery (the ' Delivery Services') through the use of third
party delivery companies (the ' Delivery Service Providers').
In providing the Purchase Services, The Pheromone Group International 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
Pheromone Group International 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.
In the event that an item is lost or damaged in the course of the Delivery Services, The
Pheromone Group International Pty Ltd 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 contact@thepheromegroupinternational.com
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.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of The Pheromone
Group International 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 Pheromone Group International Pty Ltd or its contributors.
The Pheromone Group International 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:
the business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright of The Pheromone Group International Pty
Ltd; or the right to use or exploit a business name, trading name, domain name, trade
mark or industrial design; or
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).
You may not, without the prior written permission of The Pheromone Group International
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.
Privacy
The Pheromone Group International Pty Ltd takes your privacy seriously and any
information provided through your use of the Website and/or the Purchase Services are
subject to The Pheromone Group International Pty Ltd's Privacy Policy, which is available
on the Website.
General Disclaimer
You acknowledge that The Pheromone Group International Pty Ltd does not make any
terms, guarantees, warranties, representations or conditions whatsoever regarding the
Products other than provided for pursuant to these Terms.
The Pheromone Group International 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.
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.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
11.
The Pheromone Group International 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.
Use of the Website, the Purchase Services, and any of the products of The Pheromone
Group International Pty Ltd (including the Delivery Services), is at your own risk.
Everything on the Website, the Purchase Services, and the Products of The Pheromone
Group International 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
Pheromone Group International Pty Ltdincluding 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 Pheromone Group International 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:
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 incurred 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.
Limitation of Liability
12.
The Pheromone Group International 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 Pheromone Group International Pty Ltd is the
resupply of information or Purchase Services to you.
You expressly understand and agree that The Pheromone Group International 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.
The Pheromone Group International 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 Pheromone Group International Pty Ltd, by third parties or by any of the
Purchase Services offered by The Pheromone Group International Pty Ltd.
You acknowledge that The Pheromone Group International Pty Ltd does not provide the
Delivery Services to you and you agree that The Pheromone Group International 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.
Termination of Contract
The Terms will continue to apply until terminated by either you or by The Pheromone
Group International Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by:
notifying The Pheromone Group International Pty Ltd at any time; and
closing your accounts for all of the Purchase Services which you use, where The
Pheromone Group International Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to The Pheromone Group International Pty Ltd via
the 'Contact Us' link on our homepage.
The Pheromone Group International Pty Ltd may at any time, terminate the Terms with you
if you have breached any provision of the Terms or intend to breach any provision;
The Pheromone Group International Pty Ltd is required to do so by law;
the partner with whom The Pheromone Group International Pty Ltd offered the
Purchase Services to you has terminated its relationship with The Pheromone
14.
Group International Pty Ltd or ceased to offer the Purchase Services to you;
The Pheromone Group International 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
the provision of the Purchase Services to you by The Pheromone Group
International Pty Ltd is, in the opinion of The Pheromone Group International Pty
Ltd, no longer commercially viable.
Subject to local applicable laws, The Pheromone Group International 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 Pheromone Group International Pty Ltd's
name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and The Pheromone Group International 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.
Indemnity
You agree to indemnify The Pheromone Group International Pty Ltd, its affiliates,
employees, agents, contributors, third party content providers and licensors from and
against:
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;
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
any breach of the Terms.
Dispute Resolution
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).
Notice:
15.
16.
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.
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties')
must:
Within 7 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;
If for any reason whatsoever, 7 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 The Law
Society of NSW Mediation Program. Here is a list of all mediation bodies in
Australia - www.amr.asn.au. or his or her nominee;
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;
The mediation will be held in Online via Zoom or Sydney, Australia , Australia.
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.
Termination of Mediation:
If 30 days 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.
Venue and Jurisdiction
The Purchase Services offered by The Pheromone Group International 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 South Australia, Australia.
Governing Law
17.
18.
The Terms are governed by the laws of South Australia, 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 South Australia 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 assigned.
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.
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.
Copyright © 2024 The Pheromone Group International Pty Ltd - All Rights Reserved.
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