Terms and Conditions
Please read these terms and conditions carefully before accessing the countryoforiginlabelling.com.au site. By accessing our site and services, you agree to be bound by these terms and conditions and by the policies and notices stated, referenced or linked to in them. These terms and conditions apply to everyone who accesses our site without limitation.
If you do not agree to all the terms and conditions of this agreement, you must not access the site or use any of our services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.
Any rights not expressly granted in these terms and conditions are reserved.
From time to time we may need to update these terms and conditions. If that happens, we will update them here so you can access them easily. These terms and conditions were published in November 2019.
1. Definitions and Scope
The terms “we”, “us” and “our” refer to countryoforiginlabelling.com.au, a division of PA Labels, which is owned and operated by PA Business Holdings Pty Ltd ABN 30605991777.
We offer countryoforiginlabelling.com.au, including our site, information, tools, products and all related services (collectively "services"), subject to your acceptance of all terms and conditions, policies and notices stated here.
2. Access and Use
By accessing or using our services, you confirm that you understand and accept our terms and conditions and our:
If you do not accept our terms and conditions or our policies, do not access or use our site or services.
You may access and use our site or services without registering for an account, however some of our services are only available to you if you register.
You may access and use our site or services without cookies enabled in your web browser (e.g. Safari, Chrome, Firefox), however some of our site or services may not work properly or at all unless cookies are enabled.
You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to terminate your use of our site or services for violating any of our terms and conditions.
3. Prohibited Uses
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our site or services, use of our site or services, access to our site or services or any aspect of the site through which our products and services are provided, without express written permission by PA Business Holdings Pty Ltd.
You agree not use our site or services for any illegal or unauthorised purpose, or in the use of our site or services, violate any international, national, state or territory laws (including but not limited to copyright laws), or solicit others to perform or engage in such acts.
You agree not to upload or transmit any worms or viruses or any code of a destructive or malicious nature that will or may be used in any way that will affect the functionality or operation of our site or services, or the Internet.
You agree not to engage in or encourage conduct that:
- violates or infringes the rights of others (including their privacy and intellectual property rights)
- is unlawful, abusive, offensive or defamatory
- would be a criminal offence, violate any law or give rise to civil liability
- would affect the functionality or operation of our services, or its systems or servers
- would affect any other user's computer systems or devices.
You agree not to collect or track the personal information of others.
You agree not to interfere with or circumvent the security features of our site or services or any other websites, or the Internet.
You agree not to use a false name, email address or other contact details, pretend to be someone else or otherwise mislead when you access or use our services. This includes but is not limited to when you:
- register for or use an account on our site
- request a quote from us
- order from us
- post any review, comment or other submission.
4. Products and Services
All products and services are offered subject to availability.
We reserve the right to set sale or re-sale conditions, where permitted. 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. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display product colours and images as accurately as possible given there are major technical differences between the way colours are displayed on computer/device screens and in print.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.
5. Ordering from Us
By placing an order for any products or services with us, you are offering to purchase them subject to these terms and conditions and you are agreeing to pay for and accept delivery of the items ordered.
When you order from us, you undertake to provide us with true and correct contact, business, billing and delivery details.
You also undertake that:
- the payment method, credit card, debit card or PayPal account you are using to pay us with when you place your order is your own, or that you are an authorised user of the account
- there are sufficient funds to cover the price of the items you order
- you will notify us immediately if there are any changed to the details you provide to us.
We will send you an email confirming acceptance of each order you place to the email address you provide to us when you order. If you receive a confirmation for an order you did not place, please contact us immediately.
No contract for sale will exist between you and us unless and until we confirm by email that we have received payment in full for goods and/or services you have ordered.
Once you have submitted an order, you may not cancel it even if our acceptance or rejection of your offer is still pending. We may require additional verification or information before accepting any order. We reserve the right to refuse any order without notice or explanation.
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.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made using our site or services. You agree to promptly update your account and other information, including your email address, payment method, and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Custom Orders
In addition to these terms and conditions and our policies, orders that are custom manufactured and/or printed are also subject to PA Labels Terms of Trade. Where there seems to be a conflict between these terms and conditions and the PA Labels Terms of Trade, the PA Labels Terms of Trade will prevail.
All prices are displayed in Australian Dollars (AUD). Prices for our products are subject to change without notice. Prices of items in the cart but not yet paid for are subject to change and you agree to pay the price current at the time of payment.
8. Promotions and Special Offers
Where applicable, unless otherwise stated, only one promotional code can be applied per order when you use our site or services.
9. Goods and Services Tax (GST)
Unless otherwise stated, all prices include GST.
10. Ecommerce and Payments
Our ecommerce system is hosted by Shopify Inc. We accept payment by MasterCard, Visa and PayPal. We use eWAY, PayPal and Shopify services to process payment transactions securely, including credit card and debit card transactions.
11. Intellectual Property
Unless otherwise stated, copyright and other intellectual property rights in material you access or use on our site or services is owned or licensed by us or used with permission and is protected under the laws of Australia and other countries through international treaties.
You must not reproduce, store, manipulate, analyse, reformat, store, publish, distribute, print or display material in any format without our prior written permission. You must not exploit any of our site or services for commercial purposes or other purposes not expressly permitted under these terms and conditions without prior written permission from us.
We may use images on our site and services, as examples, for your convenience, and make no claim to ownership.
12. Third-Party Links
When we link to third-party sites or services, such links do not constitute endorsement and we do not accept any responsibility or liability if you choose to access them.
Certain content, products and services available via our services may include materials from third parties.
Third-party links on our site or services may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please carefully review 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.
13. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through our site or services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider/s.
We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms and conditions.
14. Personal Information
15. Reviews, Comments and Other Submissions
Unless otherwise indicated, anything that you submit or post using our services as a review or comment or other submission is and will be treated as not confidential and not proprietary.
You agree we have royalty-free, worldwide, perpetual, irrevocable and transferable rights to use, display, copy, distribute, publish, sell, lease, transmit, adapt, or create derivative works from it by any means and in any form. You agree that we can use and adapt it for any purpose and without restriction or compensation. You also grant us the right to use the name that you submit it with. You represent and warrant that you own or otherwise control all the rights to the reviews, comments and other submissions that you post using our services. We may remove or edit any review, comment or other submission at our discretion without notice or explanation.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or any related site.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Disclaimer of Warranties and Limitation of Liability
We have processes and systems in place to keep our services up to date and correct, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of our services for any purpose.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We reserve the right to change our products or our services at any time without notice or explanation. Any reliance you place on such information is therefore strictly at your own risk. We are not liable for and give no warranties to you as to the availability, performance or accessibility of our services.
We reserve the right to suspend or cancel any of our services without notice or explanation.
To the maximum extent permitted by law, we will not be liable for:
any loss or damage whatsoever arising out of, or in connection with, the use of our site, products or services, including but not limited to any loss of data; income; revenue; profits; business; contracts; opportunity; goodwill; time
any failure or omission on our part to comply with our obligations under these terms and conditions.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PA Business Holdings Pty Ltd, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our services including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our services, should be taken to indicate that all information in our services has been modified or updated.
You agree to indemnify, defend and hold harmless PA Business Holdings Pty Ltd, it's directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors indemnified against:
any claim, demand, injury, damage, loss, expense, cost or liability (direct or indirect) made in connection with your access to and use of our services
any breach of these terms and conditions, our published policies, breaches of rights of third-parties, infringement of any intellectual property rights or any defamatory statements made by you
any claim or demand, including reasonable legal and/or advisory fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
18. Breaches of Terms and Conditions
If you breach our terms and conditions, we reserve the right to take any action we consider necessary to respond to the breach, including but not limited to terminating your access to or use of our services immediately and without notice. We reserve the right to take appropriate action under Australian law if we suspect fraudulent or other illegal activity when you access or use our services.
19. Governing Law and Jurisdiction
These terms and conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the law in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions.
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.
21. Entire Agreement
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 our site or in respect to our services 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms and conditions are effective unless and until terminated by either you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site or services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
The headings used in these terms and conditions and on our site or services are included for convenience only and will not limit or otherwise affect these terms.
24. Changes to Terms and Conditions
We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and/or changes to our site. Any new information, tools, products and related services which are added to the current store will also be subject to the terms and conditions. It is your responsibility to check our site periodically for changes.
Your continued use of or access to our site or services following the posting of any changes constitutes acceptance of those changes.
25. Reserved Rights
Any rights not expressly granted in these terms and conditions are reserved.
26. Your Statutory Rights
Nothing in these terms and conditions affects your statutory rights.
27. Contact Information
If you have questions or feedback about our terms and conditions or policies, please contact us in writing.