Terms of Service

These terms of service (“Website Terms and Conditions”) apply to use of, and access to, the domain https://altongoods.com and all associated pages, applications, and resources (“Alton Website”). If you do not agree with these Website Terms and Conditions you must not use or access any page, application, or resource accessible through the Alton Website.

By using or accessing a page, application, or resource through the Domain you accept the following terms and conditions and enter into an agreement with Alton Goods Pty Ltd ABN 37 632 681 228 (“Agreement”).

In this Agreement there are terms and conditions that apply to specific functionality with the Alton Website, or apply when you interact with the Alton Website in particular ways. Examples of which includes submitting information using the contact page, or making a purchase. The terms and conditions relating to use of the Alton Website are contained in this document, which must be read in conjunction with:

Definitions

In this Agreement the defined terms in the following table have the corresponding meaning unless repugnant to the context.

*
An asterisk, please refer to clause 3.5.
App
A software application.
Alton, us, our, or we
Alton Goods Pty Ltd
Content
Any information reduced to material form (including where such information is stored electronically), and includes without limitation any script, code, text, image, media, or content determinable through MIME and MIME type definitions, as the case requires.
Electronic Transaction
An electronic transaction conducted through the Alton Website, including a payment made through any of the following methods:
Credit Card;
Debit Card;
Prepaid payment card; or
Any other electronic payment method offered by Alton.
Intellectual Property Rights
All industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.
Lifetime
As defined in our Warranty Against Defects.
Party
A party to this Agreement. Parties has the corresponding meaning.
Payment Processor
A third party payment processor that facilitates Electronic Transactions on the Alton Website. At the date of these Website Terms and Conditions this service is provided by PayPal, or Shop Pay, or Zip Pay, or Afterpay.
Privacy Policy
Our privacy policy, which is available at https://altongoods.com/pages/privacy-policy
Product
Any goods available for sale, or sold, on the Alton Website.
Refund Policy
Our refund policy which is available at https://altongoods.com/pages/refund-policy
Services
Any service delivered by Alton through the Alton Website. A reference to Services includes a reference to Products, unless specifically noted otherwise.
Shipping Policy
Our shipping policy, which is available at https://altongoods.com/pages/shipping-policy
User Profile
A user account on the Alton Website with a username and password (and other credential as the case may be) that provides additional functionality and interaction with the Alton Website.
User, you, or your
The person accessing the Alton Website.
Warranty Against Defects
Our warranty against defects, which is available at https://altongoods.com/pages/warranty-against-defects
Website Terms and Conditions
This document including any other document incorporated by reference, if any.

Term and termination

This Agreement begins upon your acceptance of these Website Terms and Conditions and continues until terminated, or it otherwise ends in accordance with these Website Terms and Conditions.

You accept the Website Terms and Conditions upon the earliest of the following events:

You, or any device that you control, requests any Content from the Alton Website;

You, or any device that you control, receives any Content from the Alton Website;

You access a page on, or related to, the Alton Website using a web browser or an App;

You request any Products or Services from us through the Alton Website;

You receive any Products or Services from us through the Alton Website;

You sign up for a User Profile and check the checkbox that indicates that you agree to our terms and conditions;

You check any other checkbox that indicates that you agree to our terms and conditions;

You otherwise access the Alton Website, including without limitation through a third party website or application, as the case may be.

This Agreement with automatically end upon the last of each of the following circumstances taking effect: we have dispatched all Products and performed all Services ordered by you; you cease to access our Content; you no longer possess any of our Content; and you do not have an active User Profile.

This Agreement may be suspended or terminated in accordance with clause 13.

Conditions of use

We may vary these terms and conditions or impose new terms and conditions on your use of the Services or the Alton Website at any time, by a notice published on your User Profile or on the Alton Website, or sent to you by email or SMS, or otherwise in accordance with your User Profile preferences from time to time.

We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services.

Nothing in this clause 3 is to be read as limiting our rights in administering the Alton Website, or methods that we may use to control the features available to you, or our provision of Services to you, through the Alton Website.

We may contact you by post, phone, SMS, or email using the details that you provide to us from time to time. Without limitation, we may contact you regarding marketing and promotions of our Products and Services (unless you request otherwise); and we may contact you in relation to any order, or in relation to your User Profile, if any.

Where we make statements accompanied by “*” or another character or numeral in superscript, such statements must be read subject to the additional information and terms and conditions that apply. Such information or terms and conditions will be either evident in close proximity to the statement (for example on the same webpage, or in the same physical document), or available at a location noted in close proximity to the statement (such as on a webpage available at the noted URL), or contained in this Agreement, or a rule or policy noted in this Agreement.

Your obligations

Positive obligations

You must act in accordance with the policies or rules that we publish from time to time that relate to your use of the Services or the Alton Website (such as content and publishing, data capture, sale of products and services and delivery, system communication, shipping, refunds, returns, and merchant and payment processing). All of our rules and policies can be accessed by clicking on the relevant links in the footer.

You must notify us if you believe that your User Profile has been accessed without your authority.

You must take reasonable measures to prevent any unauthorised person from accessing the Alton Website, your User Profile, or any other Services by using your User Profile credentials. You are responsible for any damage caused or fees incurred by any such person(s).

You must allow us to make changes to your User Profile or Content that we deem necessary.

You are responsible for the Content, integrity and conduct of your User Profile on the Alton Website.

Negative obligations

You must not use your User Profile or the Alton Website to upload, transmit, communicate, or record information about any other person without our prior written consent.

You must not upload or publish any Content that is unlawful, unsuitable for general viewing or consumption, obscene, defamatory, in breach of any advertising standards, or in breach of any person’s privacy or other human rights.

You must not:

reverse engineer, reverse assemble or reverse compile the Alton Website or any part of it;

combine or incorporate the Alton Website in any other program or system without our prior consent in writing;

copy the Alton Website, or any Content contained on it belonging to a person other than you, in whole or in part.

Provision of Services through the Alton Website

Our provision of any Services to you through the Alton Website is subject to the terms of this Agreement.

Service limitations

The Alton Website is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free. If you have any difficulties accessing the Alton Website or your User Profile, please check the following hosting status page: https://status.shopify.com/

Each Payment Processor is a third party and we do not guarantee that this service will be continuous or error free.

We are not responsible for support, back-ups, or disaster recovery, in any way.

Sale and purchase of goods

If we offer a pre-order for any of our Products, the expected lead time will be stated in the description or accompanying information for those Products. A purchase of such Product is subject to that lead time, and any delays which occur in the supply chain.

All our Products are delivered by courier (unless we offer, and you choose another option during checkout), and the costs of delivery do not include insurance. Title to Products ordered by you transfers to you upon us receiving payment in full, and to the extent that any payment is reversed cancelled, or charged-back, then title to the Products immediately reverts to us. Risk in Products ordered by you transfers to you upon dispatch from our warehouse.

We are not responsible for damage to products sustained during delivery. Please refer to our Shipping Policy for details.

We offer refunds and exchanges in limited circumstances. Please refer to our Refund Policy for details.

Our Products come with written warranties, and your purchase of our Products are subject to the terms and conditions of our Warranty Against Defects, as applicable at the relevant time. Except as required by law, no other warranties apply to our Products. We may exclude a Product from our Warranty Against Defects by expressly noting on the Product and related materials that our Warranty Against Defects does not apply.

Payment Processor

We do not receive or store any credit card information through the Alton Website. All credit card information is processed securely by the Payment Processor.

If you want to make payments or use certain payment functionality on the Alton Website, then you may need to have a separate agreement with the relevant Payment Processor. The terms of such agreement are separate to this Agreement.

Reversed transactions

If the Payment Processor reverses a transaction conducted on the Alton Website, then you remain liable to pay for all fees and charges that were included in that transaction. You must also reimburse us for any additional fees and charges incurred by us relating to the reversal of any such transaction. We may take certain actions in relation to reversed transactions, including without limitation withholding our Services, cancelling delivery, or others at our discretion.

Right to subcontract

We may appoint employees, sub-contractors, or agents to provide some or all of the Services; and such entities are bound by the same obligations as us. It is our responsibility to ensure such entities comply with this Agreement.

Intellectual property

Content and Third Party Intellectual Property

You (or where applicable, the third party owner) retain ownership of all Content you upload to your User Profile and such rights are not assigned or transferred under this Agreement.

You grant us a perpetual, irrevocable, royalty-free licence to use, copy, modify or adapt the Content as reasonably necessary to perform our rights and obligations under this Agreement, including the right to grant sub-licences where reasonably necessary.

You warrant that you have full right, title and interest, or the legal right and authority, to grant the licence granted in clause 11.2, and that our use or modification of the Content in accordance with this Agreement will not infringe upon any third party Intellectual Property Rights.

Alton Website

We own, or are licensed to use, all components of the Alton Website.

Grant of licence

Subject to your continued compliance with these Website Terms and Conditions, for the duration of this Agreement we grant you a licence to use the Alton Website as contemplated by these Website Terms and Conditions and any policy published by us from time to time.

Privacy

We may use your contact details to promote new Services and Product offers to you from us or our affiliates, or to notify you about important changes to the Alton Website, subject to our Privacy Policy which is incorporated by reference.

Our Privacy Policy can be accessed at this link: https://altongoods.com/pages/privacy-policy.

We may change the terms of the Privacy Policy from time to time in accordance with this Agreement. If you do not agree with the changes that we make to the Privacy Policy you may end this Agreement in accordance with clause 13 of this Agreement. For clarity, if you terminate the provisions of the Privacy Policy in force at the time of your written notice will continue to apply until this Agreement is terminated.

Suspension and Termination

Suspension

We may conduct scheduled or mission critical maintenance of the Alton Website during which time the Services may be interrupted. We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum.

We may suspend the Services and disable access to your User Profile at any time and give you a written notice of default if:

you do not make any payment when due, or any payment is dishonoured or subject to chargeback; or

we have reason to suspect illegal or unethical activity in relation to your data or Content; or

in our reasonable opinion your Content, conduct, data, network, software or equipment may cause damage to any person or property; or

you do not comply with any of the terms and conditions contained within this Agreement, including any of your obligations.

If we suspend our Services to you, we may notify any Payment Processor in this regard, and you authorise us to receive any information from the Payment Processor about the status of your account, or any outstanding obligations, that you have with them, if any.

Termination

We may terminate this agreement with 30 days written notice.

Consequences of termination

Upon termination of this Agreement for any reason, in addition to any other rights or remedies:

we may immediately disable your access to the Alton Website and take your User Profile offline;

any amount of money owing to us immediately becomes due;

your licence to use the Alton Website immediately ends;

we may, but need not, keep all data and Content uploaded by you to the Alton Website for our records;

we may destroy any data and Content uploaded by you to the Alton Website;

subject to the terms of our Privacy Policy we may continue to send you information about our Services, and other marketing information; and

a Party not in default may pursue any other rights or remedies available at law against a defaulting Party subject to clause 15.

Indemnity & limitation of liability

Indemnity

You agree to release and hold Alton Goods Pty Ltd harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whatsoever, whether directly or indirectly arising in connection with the Services.

You release and indemnify, and agree to keep Alton Goods Pty Ltd indemnified against any action proceeding, claim, demand, or prosecution relating to:

any breach of your warranties under this Agreement; and

any loss or damage to persons or property (including data), caused by your Content.

Limitation of liability

Subject to clauses 15.4 and 15.5, any liability of Alton Goods Pty Ltd for any loss or damage, however caused (including, without limitation, by the negligence of Alton Goods Pty Ltd), suffered by you in connection with this Agreement is limited to the amounts paid by you to Alton Goods Pty Ltd in relation to the Products and Services.

Except as contemplated by clause 15.5, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).

If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Alton Goods Pty Ltd in connection with this Agreement and Alton Goods Pty Ltd’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 15.3 does not apply to that liability and instead Alton Goods Pty Ltd’s liability for such failure is limited to (at Alton Goods Pty Ltd’s election):

in the case of a supply of goods, Alton Goods Pty Ltd replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or

in the case of a supply of services, Alton Goods Pty Ltd supplying the services again, or paying the cost of having the services supplied again, or cancelling the services.

In this clause 15 a reference to consequential losses means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.

General

Costs

You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement.

Currency and Taxation

Unless otherwise stated, all monetary amounts are expressed in Australian dollars inclusive of GST.

Enduring Clauses

The Parties’ obligations under Clauses 11, 12, 14, and 15 shall survive the termination of this Agreement for whatever reason.

Entire agreement and variation

This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the Services. This Agreement may only be varied in writing by the Parties, and any such variation will only be enforceable if signed by Alton Goods Pty Ltd.

Force majeure

Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due.

Jurisdiction

The laws of the State of Queensland apply to this Agreement; and the Parties submit exclusively to the courts of that jurisdiction.

Relationship between the Parties

Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the Parties to deny any such relationship.

Representatives, Successors and Assigns

You must not assign or novate this Agreement in whole or in part.

We may assign or novate this Agreement in whole or part at our sole discretion.

Severability

If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.

Waiver

Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.