Terms of Service

LIKE A PHOTON CREATIVE PTY LTD (ACN 159 756 279)
Website Terms and Conditions of Use

The Tales From Sanctuary City online store and blog (Website) is owned and operated by Like A Photon Creative Pty Ltd.

Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the Terms and Conditions set out below (Terms and Conditions). Your use of the Website constitutes your agreement with the Terms and Conditions.

TERMS AND CONDITIONS

1. General

1.1 These Terms and Conditions relate to the website at https://shop.visitsanctuarycity.com operated by Like A Photon Creative Pty Ltd (ACN: 159 756 279).
1.2 A reference to we, our or us is a reference to Like A Photon, and a reference to the Website is a reference to the website including the online store and blog.
1.3 Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.

2. Age

2.1 The Website may be accessed by preschool and primary school aged children (Child Users) who are using the Website under active supervision by their parent or guardian (Parent Users).
2.2 In these Terms and Conditions, a reference to “You” is a reference both to the Child User and to the Parent User both in their personal capacity and for and on behalf of the Child User.
2.3 If a Child User is under 13, they must use the Website under the supervision of a Parent User.

3. Intellectual Property

3.1 All of our information, text, material, images, audio, video, graphics, software and our advertisements on the Website (our Content) are copyright © 2020 Like A Photon Creative Pty Ltd, our associated companies, suppliers, and/or licensors unless expressly indicated otherwise. Our Content is protected by Australian and international copyright laws.
3.2 You must not download, remove, modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with our Content except as expressly provided in these Terms and Conditions, on the Website, or expressly authorised by us in writing.
3.3 You must not use our trademarks, logos or other materials for any purpose without our prior written consent.

4. Use

4.1 You agree to use the Website, including all features and functionalities, in
accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained on the Website. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these Terms and Conditions) our Content.
4.2. You also agree not to, and not to seek to:
(a) circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in the Website;
(b) use any robot, spider, scraper or other automated means to access the Website service;
(c) insert any code or product or manipulate the content of the Website in any way; or
(d) use any data mining, data gathering or extraction method on or in relation to the Website.
4.3 You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website in any form, including any software viruses or any other computer code, files or programs.
4.4 We may terminate or restrict your use of the Website at any time if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the Website.

5. Goods

5.1 The Website will have various goods supplied by us and supplied by eco-friendly, supply chain aware and ethical companies for purchase (Goods). A full disclosure of the companies that supply Goods, including links to the corporate responsibility statement of such companies is available on the Website.
5.2 We are diligent in ensuring that the Goods are from companies that have eco credentials and/or supply chain/corporate social responsibility statements, however under no circumstances do we warrant that the Goods are eco-friendly. Further, we provide no warranty as to the ethics of the companies that supply the Goods, the quality of the Goods or the fitness for purpose of the Goods.

6. Online Store Purchases

6.1 When you purchase Goods from the Website, you will be directed to provide a valid payment method such as a credit card, PayPal, Shop Pay, GooglePay, ApplePay or such other method as authorised from time to time (Payment Method). When you purchase Goods from the Website, you may choose to register an account for future purchases. You are not required to register an account to process their purchase. All information provided during the purchase and registration process including personal information and information in relation to the Payment Method will be treated in accordance with our Privacy Policy (see clause 109 below).
6.2 All Goods purchased by you from the Website will be packaged and shipped to you in accordance with our dispatch and shipping terms as amended from time to time. Our dispatch and shipping terms are available here: https://shop.visitsanctuarycity.com/pages/shipping-policy.
6.3 We warrant that fifty cents (50c) of every purchase on the Website will be donated in equal shares to our partner charities as outlined on the Website from time to time. We reserve the right to change our partner charities at any time.
6.4 When you purchase Goods from the Website, you may choose to make a further donation to our partner charities as outlined on the Website from time to time, which will be distributed by us to our partner charities in equal shares. We reserve the right to change our partner charities at any time.

7. Refunds and Returns

7.1 If you chose to purchase Goods from the Website, you may request a refund or replacement of the Goods in accordance with Australian Consumer Law and the refund and exchange policies of the companies that supply Goods (as set out on the Website from time to time).
7.2 A refund or replacement of Goods must be requested in writing to technology@likeaphoton.com.
7.3 If you request a replacement of Goods purchased by you and we do not have sufficient stock of the Goods to affect a replacement, you will be issued with a store credit or a refund.
7.4 In order to receive a refund or replacement of Goods as set out in clause 7.1 , the Goods must be returned to our head office at Shop 1, 1821 Ipswich Rd, Rocklea, Qld 4106. The Goods must be returned in original condition as at time of purchase and include your name and address. A refund or replacement will only be issued upon receipt and inspection of the Goods by us. You should allow up to two (2) weeks from the date we receive the Goods from you for us to process a refund or replacement of the Goods.
7.5 We are not liable for any Goods that are shipped by you and not received by us. Accordingly, we recommend that you consider a trackable shipping service when shipping Goods back to us.
7.6 If we are unable to deliver the Goods purchased by you for any reason, we will provide a full refund for such Goods.

8. Blog

8.1 The Website shares research and information about biodiversity, wildlife research and other environmental information provided by various eco-contributors (Blog Information).
8.2 Under no circumstances do we warrant that the Blog Information is accurate and not misleading or that the content of the Blog Information is reviewed by us to confirm that is it accurate and not misleading.

9. Links

9.1 Access to any third-party site which may be reached by the hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.
9.2 Accessing a Linked Site from this Site, regardless of whether the link was posted by us or by other users, does not expressly or impliedly constitute any guarantee, undertaking or warranty on our part as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. We will not be liable to you or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.
9.3 The ability to access a Linked Site does not:
(a) constitute express of implied authority to infringe copyright in any content
contained on the Linked Site; or
(b) imply any connection, sponsorship or affiliation between the Linked Site and
this Site or our Company.

10. Privacy

You accept our Privacy Policy, found here: https://shop.visitsanctuarycity.com/pages/privacy-policy, and we agree that all your personal information (as defined in the Privacy Policy) will be dealt with by us only in accordance with our Privacy Policy.

11. Disclaimers and Limitation of Liability

11.1 To the fullest extent permitted by law:
(a) all information and materials on the Website is provided “as is” and without
warranty of any kind, express or implied;
(b) all implied warranties as to merchantability and fitness for a particular use or
purpose are excluded;
(c) we and our information providers make no warranty as to the reliability,
accuracy, timeliness, usefulness or completeness of any information or
materials on the Website;
(d) we make no warranties in respect of human or machine errors, omissions,
delays, interruptions, or losses including but not limited to loss of data; and
(e) we make no warranties that files and/or data available for downloading from
the Website, or the server transmitting information and materials to you, will
be free of infection, viruses or other code that manifest contaminating or
destructive properties.
11.2 Further, our liability for the breach of any warranty or condition which cannot by law be
excluded shall, at our option, be limited to the following:
In the case of services supplied by us:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again; and
In the case of Goods:
(c) the replacement of the Goods or the supply of equivalent Goods;
(d) a refund of the purchase price of the Goods.
11.3 Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any content or other materials contained on the Website.

12. Indemnity

You agree to indemnify us and keep us, our officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.

13. Variation and Termination

13.1 These Terms and Conditions shall continue to have full force and effect until varied or terminated by us. The Terms and Conditions relating to intellectual property, your licenses to us (if any), the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
13.2 We reserve the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Website. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the Website after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the Website will terminate immediately.

14. General

14.1 This agreement is governed by the laws of the State of Queensland, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
14.2 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
14.3 our waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these Terms and Conditions.

These Terms and Conditions were last updated November 2020.