1. Introduction
1.1. Welcome to our website https://cloudedvisions.com.au (the ‘Website’). The Website is operated by Juddy Corp Pty Ltd – T/A Clouded Visions (the ‘Company’) and is hosted by Shopify Inc. who provide the e-commerce platform for our on-line store.
1.2. The Website provides you (the ‘Customer’) with an opportunity to browse and purchase various products (the ‘Purchase Services’) that have been listed for sale on the Website by the Company (the ‘Products’), by way of granting you access to the content. These Terms and Conditions (the ‘Terms’) apply to any user of the site including, but not limited to, browsers, customers, contributors of content, and suppliers and wholesalers.
1.3. Please read these Terms carefully, as using, browsing and/or reading the Website, signifies you have read, understood and agree to be bound by these Terms, including any additional terms and conditions in documents referenced herein and hyperlinked.
1.4. If you do not agree with these Terms, you must cease using the Website and any of the Services it offers immediately.
2. Definitions
For the purposes of these Terms and all other documents it incorporates by reference and hyperlink, the following definitions will apply:
ABN means the Australian Business Number of the Customer pursuant to the GST Law;
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Referred to herein as the ACL;
Business Day means any day Monday to Friday between the hours 9:00 AM to 5:00 PM AWST;
Company means Juddy Corp Pty Ltd A.B.N. 88 619 778 675 and employees of the Company, referred to herein as We, Us and Our;
Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) as amended from time to time;
Contents means all rights (including copyright) in the Company’s Website content;
Customer means a person that purchases the Products and Services provided by the Company and includes, but is not limited to, face-to-face, and online retail customers, referred to herein as You and Your;
Delivery Services means integrated delivery services of Products offered by the Company for its Customers;
Delivery Service Providers means third party delivery companies, selected by the Company from time to time, to provide integrated delivery services of its Products to its Customers;
Dispute means a dispute between the parties in respect to the Terms;
GST has the same meaning as under the GST Law and means the Goods and Services Tax imposed under the GST Law;
Member means a person who registers as a user of the Company’s Retail Website to access its Purchase Services;
Notice means a written (and witnessed) notice from one Party to the other, detailing the nature of a dispute regarding the Terms; as well as, the desired outcome and action proposed to settle the dispute;
Parties means the Company and the Customer;
Payment Gateway Provider means the provider the Company nominates from time-to-time, at its sole discretion, to provide e-Commerce merchant facilities for the operation of its Retail Website Purchase Services;
Purchase Price means the monetary value paid to acquire a Product, Service or resource as established during a transaction;
Privacy Laws means the Privacy Act 1988 (Cth), all associated regulations or guidelines, and any other associated or relevant State or national privacy legislation, regulations or guidelines;
Products means tangible and identifiable manufactured and/or already completed movable items offered for sale by the Company;
Purchase Services means the exchange of money for the established Price of a Product and/or Service offered for sale by the Company on its Website;
Services means intangible non-separable activities or benefits offered to a Customer by the Company that are connected to the Products, including without limitation, manufacturing, warehousing, distribution and delivery, but do not result in the ownership of anything;
Sites means the Company’s Retail Website and any other online platform used by the Company;
Tax Invoice has the same meaning as Tax Invoice under the GST Law;
Terms means these Terms and Conditions;
Warranty means the guarantees provided under the ACL and as otherwise defined in these Terms,
Warranty Claim means the written advice by the Customer defining the purpose of the claim;
Warranty Period means 90 days
3. General Conditions
3.1. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL (or any liability under them), which by law may not be limited or excluded.
3.2. The Company reserves the right to limit, or refuse, to provide Products and Services to anyone for any reason, at any time.
3.3. No agent or employee of the Company has the authority to waive or vary these Terms and Conditions unless we approve such waiver or variation in writing. If the Company waives a breach of the Terms, the waiver does not operate as a waiver of another breach of the same or other Terms, or have the effect of a continuing waiver.
3.4. These Terms apply to any contract entered into by Juddy Corp Pty Ltd, whether as an offer or acceptance of an offer by Juddy Corp Pty Ltd.
3.5. You acknowledge and agree that we may amend these Terms at any time. We will post advice of the relevant changes on the Website, available at
https://www.cloudedvisions.com.au and such changes will be effective as of the date of posting. It is however, your responsibility to regularly check the Terms page on the Website for changes. Your continued use of our Services, following these postings, will constitute your agreement to, and acceptance of, the amended Terms.
3.6. Conversely, if you do not agree to any of these changes then you must immediately cease using the Services.
3.7. You acknowledge and agree that your information stored by us, adheres to the Australian Privacy Principles and as reflected in our
Privacy Policy available at
https://www.cloudedvisions.com.au
3.8. You acknowledge and agree that your information may be transferred unencrypted by transmissions over various networks; as well as, effecting changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will always be encrypted during transfer over networks.
3.9. You have no right to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third party without our prior written consent, which will be given or withheld at our sole discretion.
3.10. Reference to any Laws or to any section or provision of any Laws includes any statutory modifications, re-enactments, substitutions or replacements thereof and all Laws issued thereunder.
3.11. Reference to any Convention or any Article of any Convention includes any modifications, substitutions or replacements thereof.
3.12. References to clauses and sub-clauses are references to clauses and sub-clauses in these Terms.
3.13. You acknowledge and agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, use of the Services, or access to the Service or any contact on our website, through which the Service is provided, without express written permission by us.
3.14. In the interpretation of these Terms the singular includes the plural and vice versa, and words importing corporations mean and include natural persons and vice versa.
3.15. The headings used in these Terms are included for convenience only and will not limit or otherwise affect them.
4. Acceptance of Terms
By using the Purchase Services on our Website you have agreed to accept these Terms.
5. Application
These Terms apply to all services provided by Juddy Corp Pty Ltd except to the extent expressly provided for in these Terms, and will prevail over:
a. any terms and conditions provided by the Customer in respect of the subject matter of these Terms; and
b. any terms and conditions contained in any transport document, including any bill of lading, waybill, or consignment note.
6. Registration to use our Purchase Services
6.1. Before you can use our Purchase Services, you must register as a user of our Website. The registration process requires you to provide relevant mandatory personal information as defined below, including:
a. First Name & Surname
b. Preferred username
c. Email address
d. Mailing address
e. Telephone number
f. Mobile number
g. Password
6.2. You warrant that any information you give to us in completing the registration process will always be accurate, correct and up to date.
6.3. Once you have completed the registration process, you will be a registered member of the Website (a 'Member') and be in contract with us, and acknowledge and agree to be bound by these Terms. As a Member you will be granted immediate access to the Purchase Services.
6.4. You cannot use the Purchase Services and cannot accept these Terms if:
a. you are not of legal age in your state of residence to form a binding contract with us; or
b. you are a person barred from receiving our Purchase Services under the laws of Australia.
7. Your obligations as a Member
7.1. As a Member, you agree to comply with, and only use, the Purchase Services for purposes permitted by:
a. the Terms;
b. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c. 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;
d. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your use of our Purchase Services;
e. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us by email at
support@cloudedvisions.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware;
f. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of us providing our Purchase Services;
g. you will not use our Website or any of our online media platforms for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
h. you must not transmit any worms or viruses or any code of a destructive nature;
i. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your use of our Purchase Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and
j. you acknowledge and agree that any automated use of our Website and the Purchase Services is prohibited.
8. Website Disclaimer
8.1. We will at all times endeavour to have the most accurate, reliable and up-to-date information on our website. The information on
https://cloudedvisions.com.au is for general informational purposes only and is provided in good faith. However, to the extent permitted under applicable laws, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness, or links or third party information or optional tools on the Website.
8.2. Accordingly, we will disclaim any liability to you for any loss or damage of any kind incurred as a result of your use, or inability to use, the site or reliance on any information provided on the site. Your use of the site and your trust in any information on the site is solely at your own risk.
8.3. The Website may contain (or you may be sent through the Website) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
8.4. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services or tools.
9. Purchase Payments
9.1. In using our Purchase Services to buy Products, you agree to pay the purchase price listed on the Website for the Product(s) (the 'Purchase Price') at the time of purchase.
9.2. Payment of the Purchase Price is made through PayPal (the 'Payment Gateway Provider'). In using our Purchase Services, you also warrant that you have familiarised yourself with, and agree to be bound by, the Terms and Conditions, Privacy Policy and other relevant legal documentation stipulated by the Payment Gateway Provider.
9.3. Juddy Corp Pty Ltd reserve the right to change Payment Gateway Providers for our Purchase Services, at any time at its sole discretion.
9.4. Following online payment of the Purchase Price being confirmed by Juddy Corp Pty Ltd, you will be issued with a receipt to confirm that the payment has been received.
9.5. Purchases will only be shipped once payment has been confirmed and received by us.
10. Delivery – Shipping
10.1. You acknowledge and agree that the Purchase Services offered by Juddy Corp Pty Ltd, integrate delivery (the Delivery Services) through the use of third party delivery companies the (Delivery Service Providers).
10.2. In providing the Purchase Services, Juddy Corp Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Juddy Corp Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
10.3. Juddy Corp Pty Ltd reserve the right to change Delivery Service Providers at any time at its sole discretion.
11. Warranty and Returns
11.1. In accordance with ACL guarantees (and conditions therein), you are entitled to a replacement or refund for a major failure of a Product and are also entitled to have a Product repaired or replaced if the Product fails to be of acceptable quality but where the failure does not amount to a major failure (the 'Warranty').
11.2. You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 90 days from the date of purchase (the ' Warranty Period').
11.3. Please refer to our Retail Warranty & Returns Policy at:
12. Copyright and Intellectual Property
12.1. The Website, our other online media platforms (the ‘Sites’ ) and all related Products and Services of Juddy Corp Pty Ltd are subject to copyright. The material is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) for the Sites content and compilation including text, graphics, logos, button icons, video images, audio clips and software (the 'Content') are owned or controlled for these purposes, and are reserved by Juddy Corp Pty Ltd or its contributors.
12.2. Juddy Corp Pty Ltd retains all rights, title and interest in and to the Sites and all related content. Nothing you do on, or in relation to, the sites will transfer to you:
a. the business name, trading name, domain name, trademarks, industrial design, patent, registered design or copyright of Juddy Corp Pty Ltd; or
b. the right to use or exploit a business name, trading name, domain name, trademarks or industrial design; or
c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.3. You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Sites, which are freely available for re-use or are in the public domain.
13. Privacy
We take your privacy seriously and any information provided by you through your use of our Services are governed by our Privacy Policy available at: https://www.cloudedvisions.com.au
14. Limitation of Liability
14.1. Juddy Corp Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or, where you have not paid the Purchase Price, then the total liability of Juddy Corp Pty Ltd is the resupply of those Purchase Services to you.
14.2. You expressly understand and agree that Juddy Corp Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14.3. Juddy Corp Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Juddy Corp Pty Ltd, by third parties or by any of the Purchase Services offered by Juddy Corp Pty Ltd.
14.4. You acknowledge that Juddy Corp Pty Ltd does not provide the Delivery Services to you and you agree that Juddy Corp Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
15. Termination of Contract
15.1. These Terms will continue to apply until terminated by either you or by Juddy Corp Pty Ltd as set out below.
15.2. If you want to terminate the Terms, you may do so by notifying Juddy Corp Pty Ltd in writing at any time.
Your notice must be sent to Juddy Corp Pty Ltd at
support@cloudedvisions.com.au .
15.3. Juddy Corp Pty Ltd may at any time, terminate the Terms with you if:
a. you have breached any provision of the Terms or intend to breach any provision;
b. we are required to do so by law;
c. the partner with whom Juddy Corp Pty Ltd offered the Purchase Services to you has terminated its relationship with us or ceased to offer the Purchase Services to you;
d. We determine to no longer providing the Purchase Services to users in the country in which you are resident or from which you use the service; or
e. the provision of our Purchase Services to you is, in the opinion of Juddy Corp Pty Ltd, no longer commercially viable.
15.4. Subject to local applicable laws, Juddy Corp Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website and the Purchase Services without notice if you breach any provision of the Terms or any applicable law or, if your conduct impacts Juddy Corp Pty Ltd's name or reputation or violates the rights of those of another party.
15.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Juddy Corp Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16. Indemnity
16.1. You agree to indemnify Juddy Corp Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Sites; and
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms.
17. Dispute Resolution
17.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with(except where urgent interlocutory relief is sought).
17.2. Notice:
A party to the Terms claiming a dispute (the 'Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
17.3. Resolution:
On receipt of that notice (the 'Notice') by that other party, the parties to the Terms (the 'Parties') must:
a. within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. if for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
d. the mediation will be held in Perth, Western Australia, Australia.
17.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
17.5. Termination of Mediation:
If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
18. Entire Agreement
18.1. If Juddy Corp Pty Ltd for whatever reason, fail to exercise or enforce any right or provision of these Terms, this will not constitute a waiver of such right or provision.
18.2. These Terms and any policies or operating rules posted by us on our Site’s in respect to our Services constitutes the entire agreement and understanding between you and Juddy Corp Pty Ltd and govern your use of the Services.
18.3. These Terms supersede 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.
18.4. Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
19. Governing Law
These Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Jurisdiction and Venue
The Purchase Services offered by Juddy Corp Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, and those courts which can hear appeals from those courts.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties, having taken the opportunity to obtain independent legal advice, declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
22. Severance
If any provision or portion of a provision in these Terms is for any reason held to be invalid, illegal or unenforceable in any respect, then that invalidity, illegality or un-enforceability will be construed to have never been contained within the Terms and therefore severed, but will however, not affect any other provision (or the unaffected portion of the provision) of the Terms.
