Terms & Conditions

Please read the terms and conditions set out below carefully before ordering any Goods from the E-commerce portal of the Website.

DISCLAIMER AND TERMS OF USE AGREEMENT

General

Seize The Day Project at www.SeizeTheDayProject.com (the “Site”) is owned and operated by Lyndall Guinery-Smith. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site.

I, as author and publisher, make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of www.SeizeTheDayProject.com. The information contained in here is strictly for educational purposes and never intended to replace professional advice. Therefore, if you wish to apply ideas contained in www.SeizeTheDayProject.com, you are taking full responsibility for your actions.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from me. I reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case I will post the revised Terms of Service on this website. By continuing to use the Site after I post any such changes, you accept the Terms of Service, as modified.

My Limited License to You

This Site and all the materials and photographs available on the Site are the property of me and/or my affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of my rights or that has not been authorised, in writing, by me. More specifically, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) via this Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use the material for any purpose.  Also, in connection with the exercise of such rights, you grant me the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as deemed appropriate.

 Limitations on Linking

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without my prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

User responsibility

It is a condition of your use of the Site that you do not:

  1.  Restrict or inhibit any other user from using and enjoying the Site.
  2.  Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3.  Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks used to provide the Site.
  4.  Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  5.  Gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  6.  Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  7.  Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  8.  Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  9.  Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  10.  Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  11.  Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  12.  Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
  13.  Purchase, download or copy any products or services from this site and use to pirate said content.

Registration

To access certain features of the Site, I may ask you to provide certain demographic information including your gender, year of birth, post code and country. If there are reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). My use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of the Privacy Policy.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL I AS Seize The Day Project, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,

THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF I AM ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MY LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I AM NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND I MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

E-Commerce Terms & Conditions

By ordering any Goods from the E-commerce portal attached to the Website you agree to be bound by these E-commerce Terms and Conditions.

Definitions

“Agreement” is a reference to these E-commerce Terms and Conditions, any order form and payment instructions provided to you;

“Goods” is a reference to any goods which we may offer for sale from the Seize the Day Project Website from time to time;

“you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods from the E-commerce portal of the Website, operated by us;

“we”, “us” and “our” are references to Seize the Day Project, 20 Compass Way, Tweed Heads, NSW Australia.

“Website” is a reference to the Seize The Day Project website from which we offer our Goods for sale;

“Shipping Agent” is a reference to the entity that will deliver Goods to locations outside Australia, usually Australia Post.

Ordering

    1.  Any contract for the supply of Goods from the E-commerce portal of the Website is between you and us (Seize the Day Project, based in Tweed Heads, NSW, Australia), to the exclusion of all others.
    2.  You warrant that your name and address details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details you provide are your own credit or debit card and that you have sufficient funds to make the payment.
    3.  Goods purchased from us from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party.
    4.  We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
    5.  Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
    6.  All prices listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product.
    7.  The contract for the Goods will be accepted at the time of despatch of your order. We will confirm this to you in writing. You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons.

Prices and Payment

    1.  All prices listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future. There is no GST charged on our prices at this point in time.
    2.  When you order Goods from the Website, a shipping and handling charge is included in the price, depending on whether you select the Regular Post or Express Post option.
    3.  The total price for Goods ordered, including the shipping and handling contribution, will be displayed and on the Website when you place your order.
    4.  You must pay for your order before it is dispatched and you can do so via PayPal or direct deposit. To ensure that shopping online is secure, we have partnered with PayPal, who process your payment and encrypt your credit card or debit card details to prevent the possibility of someone being able to read them as they are sent over the internet.

Delivery

    1.  Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
    2.  No refunds of the delivery charge are made for late deliveries.
    3.  Incomplete orders must be notified to us as soon as possible following delivery and within 3 days of delivery. We will either arrange for the missing items to be delivered to you at no extra cost or refund you the original cost of the missing items.
    4.  All risk in the Goods shall pass to you upon delivery.
    5.  If you fail to accept delivery of the Goods at the time they are ready for delivery, or we are unable to deliver the Goods at the nominated time due to your failure to provide appropriate instructions, documentation, licences, consents or authorisations, then the Goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver the Goods shall be your responsibility and you shall indemnify us in full for such cost.
    6.  You must ensure that at the time of delivery of the Goods adequate arrangements, including labour and access where necessary, are in place for the safe delivery of the Goods. We cannot be held liable for any damage, cost or expense incurred to the Goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

Your Information

    1.  Where we have requested information from you to provide Goods you agree to provide us with accurate and complete information.
    2.  You authorise us to use, store or otherwise process your personal information in order to provide the Goods to you and for marketing and credit control purposes (the “Purpose”). We will not disclose your details to any third party, they will only be used to arrange delivery of your order.

Cancellation and Returns

    1.  We offer all Australian customers a money-back guarantee. If you are not completely satisfied with your purchase, contact us at Lyndall@SeizeTheDayProject.com  within 7 days of receipt – and prior to returning your item. We will then give you advice on how best to return the Goods.
    2.  We are unable to offer exchanges or refunds on used or soiled Goods, or Goods which have become damaged due to being used by you. Only items in an ‘as new’ condition in original packaging may be returned. We reserve the right to refuse a return on any Good that does not meet these requirements.
    3.  We are not responsible for any Goods lost or damaged in transit when returned. It is therefore recommended that you insure items sent with Australian Post.
    4.  Please note that postage/shipping/courier/insurance/handling costs are not refundable unless the product is considered faulty or defective.
    5.  Refunds are issued at our discretion once we have received and inspected your returned items.

Linked Sites

There may be a number of links on the Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.

Limitation of Liability

    1.  Great care has been taken to ensure that the information available on this Website is correct and error free. Seize The Day Project apologises for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and Seize The Day Project makes no warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    2.  Seize the Day Project does not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Website.
    3.  We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
    4.  The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
    5.  We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

General

    1.  We may alter or vary the Terms and Conditions at any time without notice to you.
    2.  The Terms and Conditions, and any order form and payment instructions constitute the entire Agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail. In all contexts and circumstances, any Agreement will between you and us exclusively.
    3.  If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    4.  These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Australia. In the event of any dispute arising, the parties hereto submit to the exclusive jurisdiction of the courts of Australia.
    5.  No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.