Ruby Pedder (ABN 74 572 433 800) (Website Owner) (“we”,“us”, “our”) owns and operates the website located at rubypedder.com (the ‘Website’).
The following Website terms, conditions and notices (the ‘Terms of Use’) govern your access to and use of this Website and the Products that are listed for purchase through the website (the ‘Products’) and services available through this Website (Services).

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By using this Website, any related Services, or purchasing any Products (an‘Order’), you agree to all these Terms of Use, the Privacy Policy, and the Shipping and Returns policy (the ‘Website Terms and Conditions’) which are current at the time of your use of the Website.

The Website Owner reserves the right to amend the Website Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Website Terms and Conditions as amended.

1.     Your acceptance of these Terms of Use

(a)   Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products or the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

(b)   Your access to the Website is conditional upon your acceptance of, agreement to and compliance with the terms, conditions, noticesand disclaimers, including the Privacy Policy, contained here (Insert Link to privacy policy) and elsewhere on the Website. If you do not wish to be bound by the Website Terms and Condition, then do not access the Website.

2.     Use of the Website

(a)   You may not reproduce, distribute, re-transmit, upload, repost or frame the Website, the material contained on the Website or any products available on the Website in any medium of communication, including on another website. You acknowledge that doing an act identified above is unlawful in any jurisdiction and is specifically prohibited by these Terms of Use.

(b)   Despite the above restrictions, you may download our material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material or onthe Website.

(c)   You may not modify or copy:
·     the layout of the Website; or
·     any computer software and code contained in the Website.

(d)   We reserve all intellectual property rights, including, but not limited to, copyright in material contained in the Website, Services provided by the Website, and Products available on the Website. The material provided on the Website is provided for personal use only and may not be: 
·     re-sold or re-distributed in any material form
·     stored in any storage media; or
·     re-transmitted in any media now known or hereafter devised,
without our prior written consent.

(e)   You indemnify us against any and all losses, claims, expenses, damages and liabilities which arise out of a breach the Website Terms and Conditions.

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3.     Products and Services

(a)   Bespoke and personalised Products: all Products listed on this website, unless specified otherwise, are couture garments and are all made to pre-order according to your instructions. You warrant that the instructions you provide to us are accurate, including, but not limited to, any details relating to an Order of a Product.

(b)   Due to the unique nature of the Products, we do not guarantee that the images of a Product featured on the website shall be representative of the Product you receive.

(c)   You acknowledge that Services and Products may, at anytime and without notice:
                        i.         be discontinued or modified; and
                      ii.         have their price changed and that we shall not be liable to you or any third-party for doing an act or an act similar to that identified                                  in 3(b)(i)(ii). 

(d)   We do not warrant or guarantee that the Product will meet your expectations.

(e)   We reserve the right to refuse any Order you place withus. In such an event, we shall use reasonable endeavours to contact you using the information provided by you at the time of purchase. 

4.     Contract Formation

No contract for any Service or Product available on this Website shall exist unless your Order has been expressly accepted by us, whether or not funds have been deducted from your account. If your Order is rejected and funds have already been deducted from your account, you shall be refunded. We will accept your order by sending you an email that confirms your Order.

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5.     Linked Sites

This Website may contain links to other websites (‘Linked Sites’), which are not operated by Website Owner. We provide these links as a courtesy and this should not be interpreted in any way as an endorsement of any Linked Site. TheWebsite Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.

6.     Disclaimer as to ownership of trademarks, images of personalities & 3rd party copyright

(a)   Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. 

(b)   Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

7.     Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of thisWebsite other than the home page. We reserve the right to withdraw linking permission without notice.

8.     Privacy Policy

Our privacy policy, which sets out how we will use your information, can befound at rubypedder.com/privacy-policy. By using this Website, you consent to the processing described by the Privacy Policy and warrant that all dataprovided by you is accurate.

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9.     Prohibitions

(a)   Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:
·     commit or encourage a criminal offence;
·     transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
·     hack into any aspect of the Website; corrupt data; cause annoyance to other users;
·     maliciously interrupt the purchase of Products and Services from the Website;
·     infringe upon the rights of any other person's proprietary rights;
·     send any unsolicited advertising or promotional material or anything that may be considered spam; or
·     attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

(b)   You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

(c)   The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of thisWebsite or to your downloading of any material posted on it, or on any Linked Sites.

10. Intellectual Property, software and content

(a)   The intellectual property rights in all software, theS ervices, the Products, and Website content (including copyright works, text, material, software, images, graphics, advertisements, databases, sound recordings, cinematograph films, animation, downloads, e-cards, streaming audio and streaming video) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. 

(b)   You acknowledge that we do not warrant or guarantee and accept no responsibility for the accuracy or completeness of any Website content for any purpose. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, including any trademarks on the Website, nor may you use any such content in connection withany business or commercial enterprise.

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11.  Disclaimer of liability 

(a)   Subject to any non-excludable consumer guarantees andother consumer protection provisions set out in the Australian Consumer Law (the ‘ACL’), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 

(b)   To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Services or Products, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

(c)   This disclaimer does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.

(d)   You acknowledge that:
a.     you are solely responsible for the accuracy of information you provide us whilst using this Website; and 
b.     we are not liable for any mistakes you make whilst using this website, including, but not limited to, any mistakes relating to information you provide to us.

12.  Indemnity

You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Website Terms and Conditions

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13.  Termination

These Terms of Use are effective until terminated by us and we may terminate this agreement and your access to the Website at any time without prior notice to you. In the event that we terminate your access to Our Website, you are no longer authorised to access the Website, however, all restrictions imposed on you, licences granted by you and all Our disclaimers and limitations of liability contained in the Terms of Use will survive termination.

14. Force Majeure

If, by reason of a Force Majeure Event, we are prevented from or hampered in providing our Services and Products, the production and delivery of any Service or Product may be postponed or suspended. If a Force Majeure Event occurs after we have already accepted your order for a Product or Service, the production or delivery of your order shall either be postponed until the Force Majeure Eventc oncludes or, if the Force Majeure Event continues for longer than 30 days, we may cancel your order.

15. Invalidity 

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closel yresembles the original meaning of the clause/subclause as is permitted by law.

16. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to info@rubypedder.com.

17. Governing law

The Website Terms and Conditions will be governed by and construed in accordance with the laws in force in the State of New South Wales and the parties irrevocably submit to the jurisdiction of courts sitting in theState of New South Wales.