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TERMS AND CONDITIONS

Welcome to our website. This website with URL address http://www.indybindy.com and http://ww.indybindy.com.au is owned and operated by Indy Bindy under the A WATTS & S.L WATTS partnership

(ABN 88118080788). Throughout the site, the terms “we”, “us” and “our” refer to Indy Bindy. The term ‘you’ or ‘your’ refers to the website user. Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. Should you not agree with any of these terms and conditions, please do not use our website.

Any new features or tools that are added to the current store shall also be subject to the terms and conditions. You can review the most current version of the terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Your use of this website and engaging of services is subject to the following terms and conditions:

Overview (Section 1)
  1. The content of this website is for your general information and use only. It is subject to change without prior notice.
  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us: Name, Email, Phone Number, Address, Date of Birth.
  3. Neither we nor any third parties provide any warranty or guarantee, express or implied, as to the performance, accuracy, timeliness, completeness or suitability of the information, materials, products or services found or offered on this website for any particular purpose. Any use of or reliance you place on such information is therefore strictly at your own risk. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  4. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  5. In no event will we be liable for any loss or damage, cost or expense including without limitation, legal costs and expenses (whether direct or indirect) incurred by you, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
  6. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  7. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  8. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  9. This website may also, on occasion, include links to other websites or access to third-party tools over which we neither monitor nor have any control nor input. These links and tools are provided for your convenience to provide you with further information. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. We have no control over the nature, content and availability of those websites or tools. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  11. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  12. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
  1. Indy Bindy will not be liable for any delay in performing our obligations under these terms and conditions if such delay is caused by circumstances beyond our reasonable control.
  2. This site is governed by the laws of ACT, Australia, and users irrevocably submit to the exclusive jurisdiction of the courts of ACT, Australia.
  3. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
  4. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
    These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
ORDERS AND PAYMENT (SECTION 2)
  1. By placing an order with Indy Bindy through this site you will be deemed to have read, understood and agreed to these Terms and Conditions.
  2. A contract between you, the user and Indy Bindy for the sale of products or services will only exist once an order has been accepted, paid for, processed and completed.
  3. You, the user, agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product or Service.
  4. All amounts are stated in Australian dollars or Japanese Yen.
  5. Indy Bindy accepts online payment in a secure environment.  The price and availability of our products is subject to change without notice.
  6. The purchase of products, services and memberships from Indy Bindy is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.
  7. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  8. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
COPYRIGHT (SECTION 3)
  1. This website and its content remains the copyright of Amy Watts and Indy Bindy. All rights reserved. By using this site, you acknowledge that the website and all related content is subject to copyright and possibly other intellectual property rights. We grant you a limited, non-transferable license to access and use this website solely for your personal use.
  2. Permission to reuse, copy or reproduce any content from this website and related products (including but not limited to page content, blogs, case studies, tips, templates, images or resources associated with this site) is strictly prohibited, unless prior written permission has been obtained from us.
  3. Subject to applicable law, we may revoke a users permission to use this website at any time and may suspend or deny, at our sole discretion, your access to all or any portion of this website without notice.
  4. Bloggers are welcome to reference Indy Bindy blog posts and tutorials provided that the Indy Bindy website is clearly referenced with a link to the original source/blog post.
NO TRANSFER OF INTELLECTUAL PROPERTY (SECTION 4)
  1. Indy Bindy original materials that have been provided to you are for individual use only and a single-user license. You are not authorised to use any of Indy Bindy’s intellectual property for business purposes. All intellectual property shall remain the sole property of Indy Bindy. No license to sell or distribute Indy Bindy materials is granted or implied.
USER SITE PERMISSIONS (SECTION 5)

In using this website, you must not:

  1. Provide us with inaccurate or incomplete information;
  2. Violate any applicable laws, or use this website for any purpose that is unlawful or prohibited by these terms and conditions;
  3. Impersonate any person;
  4. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  5. Distribute viruses, malware, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
  6. Interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
  7. Collect or store personal data about other users of this website; or
  8. Engage in any other conduct that inhibits any other person from using or enjoying this website, associated websites or our associated social media pages and/or groups.
  9. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 

VARIATIONS (SECTION 6)

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.

PRIVACY POLICY (SECTION 7)

Click to view our full privacy policy.

PRODUCT OR SERVICES if applicable (SECTION 8)
  1. While every reasonable effort is made to represent products as accurately as possible online, photography, digital representation, your computer monitor’s display and various technical factors may cause the online representations to appear slightly different to the actual product, especially in regards to colour.
  2. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
  4. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
  5. We reserve the right to discontinue any product at any time.
  6. Any offer for any product or service made on this site is void where prohibited.
  7. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DISPUTES (SECTION 9)
  1. Any delay or failure in the performance by Nosh Company Ltd. shall be excused if and to the extent caused by the occurrence of a Force Majeure.
  2. Any disputes between the user and Indy Bindy will be applicable by Australian Capital Territory law.
  3. The first point of contact for any dispute should be: info@indybindy.com. If the dispute situation cannot be resolved, Client may refer the matter to the Consumer Disputes Board.

Our store is hosted on Dreamhost. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Please contact us at:
 info@indybindy.com if you have any queries.

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