1.     General

1.  Welcome to the Fully Sic Bags website – www.fullysicbags.com (the "Website"). Fully Sic Bags Pty Ltd is an Australian owned business that sells vomit bags.

2.  By accessing the Website, or signing up, or registering as a customer of Fully Sic Bags Pty Ltd, or ordering Products from the Website you ("You" or "Customer") agree with Fully Sic Bags Pty Ltd ACN 152 414 081 ( ("Fully Sic Bags", "Us" or "We") to be bound by and comply with these terms and conditions.

3.  Fully Sic Bags grants to you, a non-exclusive right during the term of this agreement to have an Account and use the Service pursuant to these terms and conditions.

4.  The meaning of capitalised or defined terms used in this agreement are set out in clause 25 "Definitions".

2.     Becoming a Fully Sic Bags customer

1.      To become a customer of Fully Sic Bags you must:

1.      Complete the customer registration process through the Website.

2.      To be eligible to become an Fully Sic Bags customer and obtain an Account you must be:

1.   An individual who is eighteen (18) years of age or older; or

2.   A corporation or other entity or organisation which can form legally binding contracts under applicable law; and

3.   Provide a Delivery Address.

3.      You must select the appropriate account/customer type when registering:

1.   A Private Account must be created for making personal purchases of the Product.

2.   A Business Account must be created for making wholesale purchases of products that are purchased for business purposes.

4.    Any person who does not fall within this criteria must not attempt to become a customer of Fully Sic Bags or obtain an Account.

3.     Your Fully Sic Bags Account

1.      When you register as a customer of Fully Sic Bags, Fully Sic Bags will create an Account for you subject to:

1.      You providing the initial Account details; and

2.      Agreeing to be bound by and comply with these terms and conditions.

3.  Once your Account has been created you will be issued with a customer code/alias, username and password. You are solely responsible for maintaining the confidentiality of your customer code/alias, username and password.

2.  You may not have more than one active Account, and your account is non-transferable. You may update or edit your Account at any time through the Website.

3.   If any of your details within your account change, it is your responsibility to make sure that your account details are updated and are accurate and to make any relevant changes directly into your account to reflect these changes.

4.   Despite anything contained in this clause 4, Fully Sic Bags may refuse to open an Account or sell Products to any person and may change the criteria for eligibility, at any time, in its sole discretion. If you are refused an Account, you will not be charged Fees.

5.   Fully Sic Bags retains the right to terminate your Account and use of the Service if there are reasonable grounds to believe that any information provided by you during the customer registration process or otherwise under this agreement is or has become untrue, inaccurate, not current or incomplete, you are using the Account for an improper purpose or the Account is being used by or is for the benefit of a person other than you.

6.  You must notify Us via e-mail, mail or phone if you are, or become, aware that there is or has been an unauthorised use of your Account, customer code/alias, username or password, or any other security breach relating to your Account.

 

4.     Suspension of an Account

1.    We may:

1.    Lock, suspend or delete your Account or access to the Website at any time without prior notice to you; or

2.    Cease providing the Website, the Service or any other Product or service that may be available through the Website or Service at any time.

2.   If we lock, suspend or delete your Account, we will refund any credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated bank account or credit card once we have conducted all our verification and other relevant checks.

 

5.     Your general obligations

1.      You:

1.  Are responsible for any costs associated with your access to or use of the Website, including internet access fees;

2.  Are responsible and liable for any person that uses your customer code or username and password to order Product(s);

3.  Agree that we will charge you for all Products that we agree to supply to you that have been ordered using your customer code or username and password;

4.   Agree to co-operate with us in the event of a Product recall by us or by one of our suppliers;

5.  Acknowledge that, at times pictures of the Products published on the Website may differ from the goods actually supplied to you; and

6.  Agree to carefully check the labels on all Products before consumption or use.

 

6.     General restrictions

1.      You must not:

1.  Use the Website or the Service for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes;

2.  Use the Website or the Service in a manner or way, or transmit to or via the Website any material, which interferes with other users or customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Website or the Service;

3.   Make fraudulent or speculative enquiries, purchases or requests through the Website;

4. Use another person's details without their permission or impersonate another person when using the Website or Service;

5.  Tamper with or hinder the operation of the Website or use any mechanism or technique to obtain the details of another customer;

6.  Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;

7.  Modify, adapt, translate or reverse engineer any portion of the Website or remove or alter any copyright, trade mark or other proprietary rights notices contained in or on the Website;

8.   Create Accounts by automated means or under false or fraudulent pretences;

9.   Use the Website to violate the security of any computer or other network or engage in illegal conduct;

10.  Use the Website or the Service other than in accordance with these terms and conditions; or attempt any of the above acts or engage or permit another person to do any of the above acts.

 

7.     Placing an order for Products

1.  You may order Products by selecting and submitting your order through the Website in accordance with these terms and conditions. You may place either:

1.      An ongoing order of Products; or

2.      A once off order of Products.

2.   Each time you place an order for a Product through the Website you offer to purchase the particular Product from Us for the price notified (including any additional charges and taxes charged by Fully Sic Bags) at the time you place the order.

3.   Sometimes extra charges and taxes are applicable on top of Your purchase, such as for overseas shipping.  These costs are external to Fully Sic Bags and are Your responsibility to be aware of and pay.

4.   Any order placed through this Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

 

8.     Acceptance or rejection of an order by Fully Sic Bags

1.  We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Website or in your order.

2.  Each order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.

3.  If we reject an order placed through the Website, we will notify you of that rejection within a reasonable time after you submit your order.

 

9.     Delivery days, order changes and cancellations

1.   Refer to the Deliveries Policy for further details.

 

10.     Delivery and handling fees

1.   Refer to the Deliveries Policy for further details.

 

11.     Special Products

1.  From time to time, we may offer special promotions or customer incentives which provide you with a specific discount or percentage discount off your order. These promotions cannot be used in conjunction with Special Products unless we state otherwise on the Website or any other promotional material and/or offer.

 

12.     Risk and title

1.   Risk in the Products passes to you on the date and time of delivery to the Delivery Address.

2.    Title to the Products passes to you on the later of the date and time of:

1.    Payment for those Products; and

2.    Delivery of those products to the Delivery Address.

 

13.     Fees and charges

1.   The price of each Product is shown on the product list on the Website and at the time you place your order. You acknowledge that the price of a Product may differ between different locations and States and within stockists stores.

2.   Prices for Products change from time to time. We will not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.

3.   We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

1.      The purchase price of each Product that is ordered

2.      Any delivery and handling fees which applies to your order

3.      Any other fees and charges which apply to a particular Product or Special Product as notified to you on the Website or in any promotional material in relation to such Product or Special Product

4.      Any other fees and charges set out in these terms and conditions

5.      Any other fees and charges that are external to Fully Sic Bags that result in your purchase of each Product (such as duty fees and charges if importing these Products into another country)

4.   All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. 

5.  If Product that you have ordered is not available and we have not provided you with a substitute when your Products are delivered, we will not charge you for the Products that were not supplied.

 

14.     Payment methods

1.      You must pay the fees and charges online using the online payment methods in clause 11.2 only.

2.      We accept payment by:

1.      Credit card including Visa, Visa Debit, MasterCard, MasterCard Debit but not American Express or Diners

2.      eWay

3.    You authorise Fully Sic Bags to debit the amount that is payable for an accepted order from your nominated credit card or account. If the debit day falls on a day that is not a business day, we may direct your financial institution to debit your account on the following business day.

4.   Only once Fully Sic Bags can confirm that full payment has been received, will your Purchase be processed and delivered to your Delivery Address.

5.   If we have previously provided you with a credit under these terms and conditions, then we will apply the credit to your future orders that we accept until that credit is fully consumed. Without qualifying the foregoing, you are responsible for paying any outstanding amounts to us in accordance with these terms and conditions.

6.   If you would like to get a refund of any outstanding credit that has not been fully consumed, you may contact Us via e-mail or letter.  Once we have conducted any necessary verification and checks, we will provide you with a refund of that credit.

7.    You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

8.  You are solely responsible for ensuring that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit or credit authorisation.

9.  You acknowledge and agree that Fully Sic Bags may set off any money that you owe to Fully Sic Bags from any amount that Fully Sic Bags owes you.

10. To ensure your privacy, Fully Sic Bags will not retain your credit card details.  This means that each time you process an order, you will need to provide your credit card details.

 

15.     Missing items, returns and credits

1.  If there are missing items from your delivery, you should check the list of products that we provided and determined what was to be delivered to you and at what cost.

2.   You may contact Us via e-mail or phone call within 24 hours of the delivery time and we will take steps to verify and confirm any such missing items. Provided we are reasonably satisfied that the item was not delivered to you, then we will (at your option):

1.   Arrange for the missing Product to be re-delivered to you in the next delivery for your Delivery Area or at an agreed time; or

2.  If we have already charged you for the Product, provide you with a credit for the Products that were charged but not delivered to you.

3.   If you believe that the product is defective, please refer to the Returns, Refunds and Policy for these terms and conditions.

 

16.     Privacy and contacting customers

1.   Our privacy policy (Privacy Policy) forms part of these terms and conditions and can be viewed on the Website. You acknowledge and agree to our privacy policy.

2.   Without limiting anything contained in the Privacy Policy, by agreeing to become a customer of Fully Sic Bags or otherwise using the Service you acknowledge and agree that Fully Sic Bags may contact you (including by email, SMS, telephone or such other means) in relation to:

1.   The Service, your Account, any Products or your order;

2.    Any marketing or promotion which we conduct, Special Products being offered, Fully Sic Bags newsletters or publications;

3.   Goods, services or promotions which are being offered by our suppliers or business partners (either alone or in conjunction with us).

 

17.     Intellectual Property Rights

1.   You acknowledge that we own or are licensed to use all of the Intellectual Property Rights in the Website including the software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website (Materials).

2.   You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way, communicate to the public or use for commercial purposes Material without our prior written consent; and

3.   If this Website contains registered trademarks and other trademarks, these are protected by law. You must not use any mark, logo or trademark appearing on the Website or our name or the names of our related bodies corporate without our prior written consent.

 

18.     Warranties

1.      You warrant that:

1.   All information and data provided by you to us (including through the Website) is true, accurate, complete and up to date;

2.  You will keep your customer Account number, username and password safe and secure and will be solely responsible for all orders of Product made using such Account number, username or password; and

3.   You have and will comply with all relevant laws relating to your use of the Service and the Website and your placement of any order to us.

2.   You acknowledge that the Website is provided "as is" and, subject to law, that we do not make any warranty or representation that the Website is error free or as to the suitability of the Website or a Product for any purpose.

 

19.     Liability

1.  Clause 18 does not exclude or modify any condition or warranty implied into this agreement, or any liability imposed on Fully Sic Bags, by law which does not permit Fully Sic Bags to limit its liability as set out in this clause.

2.      Subject to clause 19.1, Fully Sic Bags:

1.  Excludes any implied condition or warranty, relating to the Website, the Service, a Product or this agreement; and

2.   Limits its liability for breach of any implied condition or warranty that it cannot exclude to the greater of (at our option):

1.  For goods, repairing, replacing or supplying equivalent goods or the cost of paying to having those goods repaired, replaced or supplying equivalent goods; or

2.   For services, resupplying the services or paying the cost of having those services resupplied.

3.  To the extent permitted by law, Fully Sic Bags expressly excludes all liability to You for any Consequential Loss arising from or connected to the Service, the Website, this agreement or any agreement made under this agreement.

4.    Our liability to you for loss or damage of any kind arising out of or in connection with this agreement (whether in contract, tort (including negligence), statute or otherwise) is reduced to the extent that you cause or contribute to that loss or damage.

20.     Termination

1.    We may terminate this agreement and your access to the Website and the Service for convenience at any time by providing notice to you.

2.  You may terminate this agreement and your Account at any time. Notwithstanding such termination You remain liable for all liabilities which you have incurred up to the date of termination including full payment for all Products which you have ordered and any orders which you have not amended or cancelled in accordance with clause 6 prior to the termination date.

 

21.     External Websites and Stores

1.   The Website may contain links to external websites that are not operated by us or our related bodies corporate (External Websites). These links are provided for your convenience only and you agree that:

1.  We make no representations or warranties, or have any responsibility or liability for those External Websites; and

2.  By providing a link to these External Websites we do not expressly or impliedly endorse the site or the products or services that are provided at those External Websites.

2.    You agree that you access and use the products and services made available at External Websites solely at your own risk.

 

22.      Modification of terms and conditions

1.    Fully Sic Bags may, at any time and at its sole discretion, modify this agreement or any of its terms or conditions. Any such modified Agreement will be available online and will be effective immediately upon posting to the Website.

2.    You agree to assume responsibility for periodically reviewing this Agreement.

3.   By continuing to use the Service, following the initial posting date of any modifications made by Fully Sic Bags, you agree to be bound by the Agreement as so amended.

4.   If you disagree with the terms and conditions of this Agreement (modified or otherwise), you may terminate this Agreement as provided in section 22 below.

 

23.     General

1.   If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

2.     Any term by its nature intended to survive termination of this agreement survives termination of this agreement.

3.    This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 

24.     Definitions

In this agreement:

• Account means your customer account with Fully Sic Bags more particularly described in clause 3.
• Account Details mean the information initially provided by you through the customer registration process and periodically updated in accordance with clause 3.3.
• Consequential Loss means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits; loss of revenue; loss of production; loss of data; loss or denial of opportunity; loss of reputation or publicity, loss of use, damage to credit rating, indirect, remote, abnormal or unforeseeable loss whether or not in the reasonable contemplation of the parties at the time of entry into the contract.
• Contact Times means:  Monday to Friday, 8:00am to 5:00pm Australian eastern standard time (AEST).
• Delivery Address means the address specified by you during the customer registration process for the delivery of Products that Fully Sic Bags supply to you.
• GST means goods and services tax and has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Intellectual Property Rights means all intellectual property rights, including:

• Product means any good or service that is advertised on the Website or promotional material distributed by Fully Sic Bags.
• Service means the online food and beverage store operated through the Website and home delivery business operated under the name 'Fully Sic Bags'.
• Private Account means an account set up for private purposes – products purchased on a Private Account cannot be resold and.
• Business Account means an account set up for business purposes – products purchased on a Private Account can be resold, however this is dependent on the product being purchased.