PLEASE READ THESE TERMS CAREFULLY AS THEY CONTROL THE WAY YOU CAN AND MUST NOT USE OUR WEBSITE AND SOCIAL MEDIA. THESE TERMS ALSO DESCRIBE THE PROMISES YOU MAKE TO US ABOUT YOUR USE OF OUR WEBSITE AND SOCIAL MEDIA. AMONG OTHER THINGS, THESE TERMS SET OUT LIMITATIONS OF LIABILITY AND THE WAY YOU OR WE CAN TERMINATE THIS AGREEMENT.
1.1 Certain terms in these Terms start with capital letters. Unless the context provides otherwise, those words have the meaning given to them in the body of these Terms.
2 Acceptance of Terms and Conditions
2.1 The One Empire Store Website and Social Media pages are owned and operated by One Empire Store ABN 77 638 596 988 (we, our or us). By accessing and/or using our Website or Social Media, you agree to bound by these Terms.
2.2 Use of our Website and Social Media is entirely at your own risk. You must only use the Website and Social Media in accordance with these Terms and any applicable law. You should immediately cease using our Website and Social Media if you do not agree to these Terms.
2.3 These Terms also govern updates, upgrades and new and amended versions of the Website and Social Media, unless such versions are accompanied by new terms for use, which will govern those versions.
3 Contact Us
3.1 You can contact us via our Website and Social Media or by contacting:
One Empire Sleep
PO Box 923, Parap
Northern Territory, Australia 0820
4 Orders and Registration
4.1 You can, but do not need to, register an account on our Website to place orders or access our products, however, you may be required to register an account to access certain features of our Website and Social Media, including but not limited to updates, promotional material and other information from us.
4.3 To create an account or place an order, you must be:
a) at least 14 years of age;
b) possess the legal right and ability to enter into a legally binding agreement with us; and
c) agree and warrant to use the Website and Social Media in accordance with these Terms.
4.4 If you are 14 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to place an order or create an account with us, you agree to:
a) exercise supervision over the Minor's use of our Website, Social Media, their account and any orders placed with us;
b) assume all risks associated with the Minor's use of our Website, Social Media, their account or orders placed with us, including the transmission of content or information to and from third parties via the internet;
c) ensure that the content and information that the Minor may encounter on our Website and Social Media are suitable for the Minor;
d) assume liabilities resulting from the Minor's use of our Website, Social Media, their account and orders placed with us;
e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
f) provide the consents contained in these Terms on behalf of the Minor.
4.5 We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Website, Social Media, your account and/or place orders with us on this basis.
4.6 When you register and activate an account with us, you will provide us with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
4.7 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
4.8 You must not use another person’s account or place orders with us on behalf of another person without their express permission.
5 Collection Notice
5.1 We collect personal information about you in order to process your registration and orders,
5.2 We may disclose that information to third parties that help us deliver our products and services (including information technology suppliers, online payment suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you.
5.3 We may also disclose your personal information to recipients that are located outside of Australia, including to PayPal, Google, Mailchimp, Klaviyo and our manufacturers, third-party suppliers, postal companies and other business partners, located in the United States and Indonesia.
6 Accuracy, completeness and timeliness of information
6.1 The information on our Website and Social Media is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and Social Media, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Website or Social Media. You should monitor any changes to the information contained on our Website and Social Media.
6.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Website, Social Media or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website or Social Media is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
6.3 We may, from time to time and without notice, change or add to the Website and Social Media (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website or Social Media updated. We are not liable to you or anyone else if errors occur in the information on the Website or Social Media or if that information is not up-to-date.
6.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including in particular clothing, apparel and shoes) may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website or Social Media. In addition, where it is suitable to do so, some depictions of products are created or chosen by use for promotional purposes and may not be an exact representation of the products received.
7.1 When making an order, you must follow the instructions on the Website as to how to make your order and for making changes to your order before you submit it to us. We use secure online payment services, including PayPal and Afterpay. Please be aware that payments made using these online payment services will be subject to the terms & conditions of the service providers and you should review their terms & conditions carefully before submitting your order.
7.2 Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including goods and services tax (GST) and any other charges.
7.3 Unless otherwise stated all charges are in Australian (AUD) dollars. The actual price charged
7.4 You must pay for the order in full at the time of ordering by one of the payment methods we provide on our Website or Social Media. You must be entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
7.5 If you discover you have made a mistake with your order after you have submitted it to the Website, please contact customer service immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
7.6 When you place an order, you will receive a confirmation of order email from us. This email will only be an acknowledgment and will not constitute acceptance of your order until you receive a shipment confirmation email from us.
7.7 We may in our absolute discretion refuse to accept an order from you for any reason, including without limitation, due to unavailability of stock or we suspect that you may on-sell our products to other consumers.
7.8 Until the time we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order. If we or you have cancelled your order before it accepted, we will promptly refund any payment already made by you to your original payment method.
8.1 We aim to deliver products to you at the place of delivery requested by you within the time indicated by us once you place an order, however we cannot guarantee any firm delivery dates.
8.2 We will try to let you know if we expect to be unable to meet our estimated delivery dates, but, to the extent permitted by law, we will not be liable to you for any loss, liability, costs, damages, charges or expenses arising from late delivery of your order.
8.3 You must ensure that you are able to take delivery of the order without undue delay and at any time reasonably specified by us. If you are not, Australia Post or our couriers may leave a card giving you instructions on either re-delivery of collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the order from the carrier within the timeframe specified by Australia Post or our courier (but no later than 2 weeks from our first attempt to deliver the order to you), then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable order, in which case we will refund to your original payment method any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the order and any storage fees as provided for above).
8.4 Please be aware that it may not be possible to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
8.5 All risk in the product will pass to you upon delivery of the order. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
8.6 You must take care when opening the order so as not to damage the product, particularly when using any sharp instruments. We will not take responsibility for any damage to the product made by you.
9 Shipping information
9.1 Locations: We deliver our standard and express parcels to any Australian or overseas address including PO Boxes via Australia Post.
9.2 Cost: We use Australia Post for our deliveries. Standard parcels incur a fee of $8.95 and express and international parcels incur a fee of $12.95, unless otherwise stated at the point of sale.
9.3 Delivery Time: Parcels are dispatched from Darwin, Northern Territory, within 2 business days after the order is placed. Approximate delivery times for Australia Post parcels to metro areas are:
9.4 Tracking: Standard and express parcels are able to be tracked via the Australia Post website. You will be sent a dispatch confirmation email including tracking number and instruction once your parcel leaves our warehouse. If your parcel hasn’t arrived, please also check with your local post office as it may be waiting for collection. Parcels are taken to the nearest post office if a signature cannot be obtained on delivery.
9.5 Conditions of delivery: We deliver our Standard and Express parcels via Australia Post. A signature is required on all deliveries and therefore someone must be present to accept the parcel. If not, Australia Post will leave a collection note and the parcel will be taken to the nearest post office for later collection by you.
10.1 We may terminate an order if the product is not available for any reason. We will notify you of this is the case and refund any payment that you have made using your original payment method.
10.2 If you wish to cancel an order, please contact us (see the ‘Contact Us’ section above for our contact information). No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with our returns policy (see below).
11 Faulty Product Returns
11.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact us as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible (see the ‘Contact Us’ section above for our contact information). In order to assist the returns process, you may be required to send us images of the damage, defect or fault for preliminary assessment.
11.2 If the product is confirmed to have a defect, we will replace the product or refund you the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.
11.3 It does not constitute a defect if, in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with the manufacturers’ instructions, using in an abnormal way or failure to take reasonable care.
12 Change of Mind Returns
12.1 In addition to your rights in relation to faulty products above, full price items can be returned to us for store credit or exchange:
a) within 30 days of purchase;
b) unworn and unused with the original tags still attached; and
c) in the original packaging.
12.2 Products sealed for hygiene reasons can only be returned under the change of mind return policy if the seal is intact. Occasionally, some products may be excluded from the change of mind return policy. The exclusion will be noted on the product on our Website.
12.3 We are unable to offer refunds on products, including ‘sale’ items, unless faulty or wrongly described.
12.4 To ensure the returns are assessed and processed swiftly, please contact us first so we may assist you. You can contact us (see the ‘Contact Us’ section above for our contact information). We ask that you complete the returns card included in your order. Please include a completed returns card with the product.
12.5 When returning products, you are responsible for the associated costs to return the goods to us, however we will ship any exchanged items back out to you for no charge. We recommend that you use registered post as we will not take responsibility for items not received if you attempt to send them to us via non-registered mail.
12.6 Please return products to:
One Empire Store
PO Box 1115 Howard Springs,
Northern Territory, Australia 0835
12.7 Once received, we allow up to 5 business days for us to process your return and issue you a refund to your original payment method, a store credit to your account or exchange the product for you, whichever you have chosen. We will then send you a confirmation email when we have applied the refund, store credit or exchange. NOTE: we will not be able to refund you for any delivery fees that you have paid at purchase to have the product shipped to you.
12.8 If in our reasonable opinion the returned product does not comply with this clause, we will ship the product back to you, at your expense, and not issue a store credit or exchange.
13 Vouchers, Gift Cards and Store Credit
13.1 You may use vouchers or gift cards as payment for certain products on our Website. We may email vouchers or electronic gift cards to you. We accept no liability for errors in the email address provided to us. We assume no liability for the loss, theft or illegibility of vouchers or gift cards. In the event of fraud, an attempt at deception or in the vent of the suspicion of other illegal activities in connection with the redemption of vouchers or gift cards on the Website, we are entitled to close your account and/or require a different means of payment.
13.2 Conditions for the redemption of vouchers:
a) From time to time we may release vouchers that may be used on our Website. Vouchers can only be redeemed on the Website in accordance with the special terms and conditions stated on them.
b) Vouchers are valid for the specified period stated on them only. Certain products may be excluded from voucher promotions.
c) Vouchers cannot be redeemed for cash. If you place an order for a product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the order you wish to make, you may make up with difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). NOTE: Only one voucher can be used per order.
d) Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple products are purchased using a voucher, and one or more products are returned, the discount is applied on a pro rata basis to each product for the purpose of establishing refund values,
13.3 Conditions for the redemption of gift cards
a) You may purchase gift cards for use on the Website by you or other customers. You are responsible for the use and safety of your gift cards. We are not responsible for any loss or damage resulting from gift cards used without permission.
b) Gift cards are valid for 12 months. Any balance that remains after 12 months will not be available for use.
c) The credit of a gift card does not accrue interest, nor can it be redeemed or refunded for cash. Gift cards cannot be used to buy further gift cards.
d) If you place an order less than the value of the gift card, the residual credit can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish is paying for an order, and gift cards may be used in conjunction with one voucher per order.
e) If an order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as a store credit only. Gift cards are applied on a pro rata basis to each product in an order for the purpose of establishing refund values.
13.4 Conditions for using store credit
a) Store credits are applied to an account registered with the same email address used to place your order. Store credits cannot be transferred to other accounts.
b) Store credit is valid for 12 months. Any balance that remains after the 12 months will not be available for use.
c) Store credit does not accrue interest, nor can it be redeemed or refunded for cash. If an order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only. Store credits are applied on a pro rata basis to each product in an order for the purpose of establishing refund values.
14 Intellectual property rights
14.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our Website and Social Media, and in all of the material (including all text, graphics, logos, audio and software) made available on our Website and Social Media (Content).
14.2 Your use of our Website and Social Media, and use of and access to any Content, does not grant or transfer any rights, title or interest to you in relation to our Website, Social Media or the Content.
14.3 However, we do grant you a licence to access the Website and Social Media and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors.
14.4 Any reproduction or redistribution of our Website, Social Media pages or the Content, in whole or in part, is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
14.5 All other use, copying or reproduction of our Website, Social Media pages, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of Website or Social Media pages for the purpose of viewing the Content for your own personal use.
15 No commercial use
15.1 Our Website and Social Media is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within our Website or Social Media pages. You may not use our Website or Social Media, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website or Social Media.
16 Third Party Material
16.1 The Website and Social Media may make available Content, data, information, applications, services, websites and materials from third parties (Third Party Material). We do not make any representation about, nor do we evaluate or examine Third Party Material, whether for usefulness for purpose, accuracy, completeness, legal compliance, availability or otherwise.
16.2 You use and access Third Party Material at your own risk. We may remove, suspend access to, change or otherwise deal with Third Party Material at any time, for any period and to any extent, without notice to you and without any liability or obligation to you. The owners or controllers of Third Party Material may do the same.
17 Linked sites
17.1 Our Website or Social Media may contain links to websites or social media operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or social media and have no control over or rights in those linked websites or social media.
18 Unacceptable activity
18.1 You must not do or attempt to do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website or Social Media, including but not limited to:
a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
b) using our Website or Social Media to defame or libel us, our employees, agents, contractors or other individuals;
c) linking to our Website or Social Media in a way that damages or takes advantage of our reputation, including in a way to suggest or imply that you have any kind of association or affiliation with us, or approval and endorsement from us when there is none, or in a way that is illegal or unfair;
d) uploading files that consist of malicious computer program, including programs that include viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information; that may cause damage to our property or the property of other individuals (Malicious Computer Program);
e) interfering with security-related or other features of our Website or Social Media;
f) interfering or disrupting our Website or Social Media or the servers or networks that host our Website or Social Media;
g) using data mining, robots, screen scraping or similar data gathering and extraction tools on our Website or Social Media;
h) posting or transmitting to our Website or Social Media any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
18.2 If we allow you to post any information to our Website or Social Media, we have the right to take down this information at our sole discretion and without notice.
19 Posting policy
19.1 You may upload posts, comments, images, photos, writings or any other material (Post/s) on the Website and Social Media subject to these Terms.
19.2 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any intellectual property in the Posts, including rights to:
a) copy, publish, communicate, reformat, edit, adapt or translate;
b) publicly perform or present;
c) distribute for any purpose including for commercial or advertising purposes; and
d) incorporate in our Website and Social Media or any other Content.
19.3 You must not upload any Posts that:
a) are unlawful or promotes illegal behaviour;
b) is harmful, threatening, abusive or harassing;
c) incites violence or is graphical of violence;
d) is pornographic or exploits people in a sexual manner;
e) is defamatory or libellous;
f) relates to gambling or alcohol;
g) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
h) is false, misleading or fraudulent;
i) consists of any Malicious Computer Program;
j) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
k) infringes or violates another’s rights including copyright or intellectual property rights;
l) invades another’s privacy;
m) includes photographs or images of another person or another person’s property without their consent;
n) reveals anyone’s identification documents or sensitive financial information;
o) is posted to disrupt the operation of the Website or Social Media and its related services; and
p) advertises any company or their goods or services other than us.
19.4 By uploading Posts on our Website and Social Media, you warrant that:
a) you have the right and authority to provide the Posts in the manner they are posted;
b) you own the Posts and have the right to grant the rights above to us; and
c) the Content is not prohibited content as outlined above.
19.5 We have not reviewed and cannot review all Posts and we are not responsible for liability in relation to you Posts.
19.6 We may, at our sole discretion, pre-screen, reject or remove any Posts you provide for any reason.
20 Promotions and competitions
20.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
21 Warranties and disclaimers
21.1 The Website, Social Media and Content is provided ‘as is’ and to the maximum extent permitted by law, including the Australian Consumer Law, we make no express or implied warranties or representations, and disclaim all responsibility, that:
a) the Website, Social Media or the Content will be complete, accurate or up-to-date;
b) the Website, Social Media or the Content are of a merchantable quality or fit for a particular purpose;
c) access to the Website, Social Media or the Content will be uninterrupted or error-free or free from Malicious Computer Program; or
d) the Website, Social Media or the Content will be secure.
21.2 We do not warrant that the products will meet your individual requirements and you acknowledge that the products are standard and not made bespoke to fit any particular requirements of yours.
21.3 We reserve the right to restrict, suspend or terminate without notice your access to the Website, Social Media or any Content, or any feature of the Website or Social Media, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
22 Limitation of Liability
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
22.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we (including us, our affiliates, our third-party suppliers, or any officer, director, employee, sub-contractor, agent, body corporate or successor) be liable for any direct or indirect loss, liability, costs, damages, charges or expenses – irrespective of the manner in which it occurs – which may be suffered as a result of:
a) your use of our Website, Social Media, Content and/or any other information or materials contained on the Website or Social Media;
b) the unavailability, inaccessibility or interruption of usage of the Website or Social Media;
c) Content, information or materials contained on the Website or Social Media being incorrect, incomplete or not up-to-date;
d) Content, information or materials provided to you free-of-charge;
e) any delay or failure in performance beyond the reasonable control of us;
f) loss of data; or
g) products not being sufficient for your purposes or not meeting your individual requirements.
22.2 To the maximum extent permitted by law, we are not responsible for any indirect, special or consequential liability to a customer or user (including legal fees) arising out of or from Content or use of the Website and Social Media.
22.3 To the extent we cannot exclude liability and to the fullest extent permitted by law, our aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
a) in the case of goods, any one or more of the following:
i. replacement of the goods or supply of equivalent goods;
ii. repair of the goods;
iii. payment of costs of replacing the goods or acquiring equivalent goods; or
iv. payment of costs of repairing goods; and
b) in the case of services:
i. supply of the services again; or
ii. payment of the cost of supplying the services again.
22.4 Nothing in these Terms will exclude or limit your statutory rights as a consumer or our liability for:
b) death or personal injury caused by our negligence;
c) any breach of the obligations implied by law; or
d) any other liability which cannot be excluded or limited by applicable law.
23.1 You agree to indemnify and hold us, our affiliates, third-party suppliers, and any officer, director, employee, sub-contractor, agent, body corporate or successor, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees, due to or arising out of:
a) your breach of these Website & Social Media Terms and Conditions; or
b) your breach of any law or the rights of a third party.
24 Cookies Policy
24.1 You agree that:
a) we may store cookies on your devices; and
b) we may issue and request cookies from your device to collect both personal and non-personal information.
24.2 You may disable cookies on your browser if you do not agree to this cookies policy.
a) improve our performance by reporting any errors that occur;
b) provide statistics about how the Website and Social Media is used;
c) remember settings that you use for our Website and Social Media;
d) identify and show that you are logged into the Website and Social Media;
e) link to social networks like Facebook and Twitter;
f) provide more suitable ads tailored to you.
25 Breach if these Terms
25.1 If you breach any of these Terms, we may take appropriate actions, including but not limited to:
a) issuing a warning notice;
b) suspending your access to the Website and Social Media;
c) prohibiting your access to the Website and Social Media.
26.1 These Terms automatically terminate if we cease to operate the Website and Social Media.
27 Dispute resolution
27.1 In the event of any dispute under these Terms, the parties agree to negotiate in good faith to resolve the dispute prior to bringing any court proceedings. Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties will be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediation Australia mediation and conciliation rules.
28.1 Entire Agreement: these Terms embody the whole agreement of the parties relating to the subject matter of these Terms and supersedes all previous agreements in respect of your usage of our Website and Social Media.
28.2 Amendment: We reserve the right to make changes to the Website and Social Media and these Terms at any time without notice. All amendments will be posted on our Website. Continued use of the Website and Social Media will be deemed to constitute acceptance of the new Terms.
28.3 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any third-party.
28.4 No waiver: No waiver by us of any default of yours under these Terms will operate or be
construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you will in any way release, discharge or otherwise affect your liability under these Terms.
28.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party will be in writing and delivered by electronic mail at the email address you supplied to us or to use at our office.
28.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of us, our affiliates, third-party suppliers, and our and their officers, directors, employees, sub-contractors, agents, body corporates or successors, and each will have the right to asset and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
28.7 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.
28.8 Governing law: Your use of the Website and Social Media and these Terms are governed by the law of the Northern Territory of Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Northern Territory.
29 One Empire Store Social Media competitions
29.1 The promoter is Bridgette Bidner trading as One Empire Store ABN 37 890 137 179 (the Promoter).
29.2 Entry into a social media competition constitutes acceptance of these Terms.
29.3 Entry into a competition is free (excluding internet charges) and is only open to entrants who are 14 years or over. Employees (and their immediate families) of the Promoter are ineligible to enter any competition.
29.4 Each competition is open to residents in Australia and internationally.
29.5 Each competition commences and ends on the dates specified in the competition details.
29.6 To enter a competition, participants must fulfil the competition requirements as specified in the competition details. Failure to do so will result in an invalid entry.
29.7 Entrants may submit up to the maximum number of entries (if applicable) as specified in the competition details.
29.8 Entrants consent to the Promoter using their personal information provided in connection with a competition for the purposes of facilitating the conduct of the competition and awarding and advertising the award of any prizes, including to third parties involved in the competition and any relevant authorities.
29.9 The prizes for each competition are specified in the competition details which will be available or our Website and/or Social Media. The prizes are non-transferable, non-refundable, non-exchangeable, non-replaceable and non-redeemable for cash. The prizes must be taken as offered.
29.10 The prizes will be awarded to the valid entrant/s drawn randomly in accordance with the competition details. The Promoter may draw additional reserve entries. In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the Promoter will then continue this process until the prize is awarded.
29.11 The winners will be notified by email. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or 2 business days thereafter. The notification will include details about how the prize/s can be claimed. The winner must claim their prize within 7 business days of notification being received, or as otherwise stated in the competition details.
29.12 The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the competition period, it is the entrant’s responsibility to notify the Promoter.
29.13 Should the winner not claim their prize, an unclaimed prize selection will take place, a new winner selected and notified by email.
29.14 It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
29.15 Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the competition and receipt of the prize).
29.16 The winner agrees that their name and state/territory of residence may be published or disclosed in winner announcements and promotional material.
29.17 The Promoter expressly reserves the right to resolve any discrepancies, disputes or otherwise unforeseen circumstances as it deems fit and the Promoter’s decision will be final and binding upon every person who enters a competition. No correspondence will be entered into.
29.18 The Promoter expressly reserves the right to change or alter these Terms at any time.
29.19 The Promoter will not be liable for any loss or damage whatsoever that is suffered or sustained as a result of taking any prize, except for any liability that cannot be excluded by law.
29.20 The Promoter is not responsible for any entries that are not received or are otherwise interfered with due to problems with the internet or telecommunications services.
29.21 If a competition is not capable of running as planned due to any reason, including unauthorised intervention, fraud, or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of a competition, the Promoter reserves the right (subject to any applicable law) in its sole discretion to cancel the competition or to disqualify any individual who has tampered with the entry process.
At One Empire Store, we committed to protecting our customers’ privacy and security.
The Site is owned and operated by Bridgette Bidner trading as One Empire Store ABN 37 890 137 179 (we, our or us).
1.2 Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable. For example, this may include your name, age, date of birth, gender, contact details and postcode. It may also include financial information, including your credit card information, or a photograph of you. Personal information does not include anonymous, aggregated or de-identified information or information about companies which does not identify individuals.
2 Personal information we collect
2.1 We collect personal information where it is reasonable necessary to deliver our products and services to you or otherwise conduct the activities of One Empire Store. We collect the following types of personal information from you:
* Personal details such as your name, address, email and phone number;
* History records of your communications, orders and interaction with us and our Site;
* Information relating to you that you provide to us directly or indirectly through your contact with us or your use of our Site;
* Details or history of preference, interests and behaviour in relation to transactions, products, services and activities on our Site;
* Your IP address, web log and related domain, browser, computer and connection information, device ID, device type, geo-location information;
* Statistics on your page views of our Site and the sites you were visiting before you came to our Site, traffic to and from and within our Site, ad data.
3 Cookies Policy
* improve our performance by reporting any errors that occur;
* provide statistics about how the Site is used;
* remember settings that you use for our Site;
* identify and show that you are logged into the Site;
* link to social networks like Facebook and Twitter;
* provide more suitable ads tailored to you.
3.4 We partner with third parties to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on our Site in order to provide you advertising based on your browsing activities and interests.
4 How we collect personal information
4.1 We may collect personal information from you in a variety of ways including:
* Directly from you, including when you:
o Browse or interact with our Site;
o Save an item or make a purchase from us;
o Register an account or log into our Site;
o Contact us, either about an order or for any other reason;
o Click on our Site banners, hyperlinks or plugins;
o Interact with us in postal, phone, email, electronic, mobile application or social media correspondence;
o Complete forms, surveys, questionnaires or competition entries for us;
o Request information from us or have a conversation with our staff;
o Are online – see out Cookies Policy above;
* From third parties such as our business and commercial partners; and
* From publicly available sources of information.
5 How we use personal information
5.1 We collect, hold and use personal information in order to deliver our products and services and to otherwise conduct the functions and activities of One Empire Store.
5.2 We may use your personal information for different purposes, including:
* to produce you with products and services;
* to communicate with you, including about products and services, our Site, competitions and results, special offers and events which might interest you;
* to answer your request, questions and complaints, and provide you with information;
* to enable your access, interaction and use of, our Site;
* to create orders, transaction records, accounts, tax invoices and receipts;
* to gain an understanding of your information to develop, operate or improve our products and services;
* to improve your experience and interaction with us or our Site, including performing analytics, conducting research and for marketing and advertising;
* to provide you with better customer services;
* to carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way we and our related service providers provide products and services to you;
* to administer forms, surveys, questionnaires, and promote and market products, services, competitions, special offers or other promotional activities or events;
* to comply with laws and regulations or to comply with any directions given by regulators or authorities.
6 When we disclose personal information
6.1 We may disclose your personal information where:
* you have given your consent;
* the use or disclosure is directly related to the primary purpose of collection, for example, it is necessary to provide you with a product which you have ordered from us;
* the use or disclosure is for secondary purposes that you would reasonably expect and is related (or on the case of sensitive information, directly related) to the primary purpose of collection;
* it is necessary for maintenance of or is related to your account with us;
* it will assist us in providing products or services you have requested;
* we wish to conduct market research and marketing strategy analysis;
* it is necessary to manage or develop our business and corporate strategies and functions;
* it is a requirement of our partners or service providers to fulfil their services to us, in which case only basic personal information will be shared to the extent necessary;
* the use or disclosure is or otherwise required or permitted by laws, regulations or professional standards.
6.2 We may also share non-personal, de-identified and aggregated information for research or promotional purposes, or to administer and improve our products and services.
7 Who we disclose personal information to
7.1 We may disclose personal information to:
* our employees, contractors, agents and related bodies corporate;
* third party suppliers and service providers, including providers for the operation of our Site, our business or in connection with providing or marketing our products and services to you;
* payment system operators (e.g. PayPal and Afterpay);
* our partners;
* specific third parties authorised by you to receive information held by us;
* those agencies for which the disclosure is required by law.
7.2 We may disclose personal information outside of Australia, including to third party suppliers and service providers located in places such as the United States of America, Indonesia and other countries or jurisdictions depending on the nature of the services those recipients provide to us (for example, storing data via a cloud service, or using overseas marking services such as Mailchimp or similar).
7.3 We will take all reasonable steps to ensure that any overseas recipient deals with your personal information in a way that is consistent with Australia’s privacy laws.
8 Direct marketing
8.1 We and our partners may send you direct marketing communications and information about our products and services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth).
8.2 You may elect not to receive marketing materials from us by contacting us or using the opt-out facilities provided (e.g. an unsubscribe link).
10.1 We will take such steps as are reasonable in the circumstances to protect your personal information, whether held electronically or in hard-copy form, from misuse, interference and loss, as well as unauthorised access, modification or disclosure.
11 Access and corrections of personal information
11.1 You may ask us in writing to provide you with details of the personal information we hold about you. We will provide you with this information where reasonable and practicable to do so, and in accordance with Australian privacy law.
11.2 You may request correction to the personal information we hold about you. We will take such steps as are reasonable in the circumstances to correct your personal information as requested to ensure it is accurate, up-to-date and complete.
12 Making a complaint about breach of privacy
12.2 If you want more information about privacy and the protection of your personal information, or you feel we have not resolved your complaint satisfactorily, you can contact the Office of the Australian Information Commissioner at www.oaic.gov.au.
13 Contact Us
13.1 You can contact us via our Website and Social Media or by contacting:
One Empire Store
PO Box 1115 Howard Springs,
Northern Territory, Australia 0835
0477 423 898 firstname.lastname@example.org