TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE
The shifting-worlds.com website (the “Site” is owned and operated by, and is a service of Shifting Worlds Pty Ltd. These Conditions of Service, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Conditions”), set forth the terms and conditions under which you may use and access the Site.
THESE CONDITIONS CONTAIN WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. In the event of a violation of these Conditions, Shifting Worlds reserves the right to seek all remedies available by law and in equity. You are invited to read them carefully and print a copy for future reference.
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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/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.
RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; and/or offer opportunities to some or all users of the Sites.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the sites.
USE OF SITE AND CONTENT
Use of Site: You may access and use the Site solely for your personal use in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
PERSONAL INFORMATION SUBMITTED THROUGH THE SITES
Shifting Worlds guarantees the authenticity of all products purchased through shifting-worlds.com website.
All prices on the Site are in AUD Dollars. Prices may change without notice. Shifting Worlds reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Shifting Worlds will notify the customer by email.
Shifting Worlds uses Paypal as a gateway to process payments from our Site. For a full list of cards accepted by Paypal please consult the Paypal.com website.
For security reasons, the billing name and address must match that of the credit or debit card used for payment. Shifting Worlds reserves the right to cancel any order that does not match these criteria.
SHIFTING WORLD’S INTELLECTUAL PROPERTY GENERALLY
Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Shifting Worlds, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Conditions. Except as otherwise expressly provided in these Conditions, all rights in and to the Content are expressly reserved by Shifting Worlds.
LINKS TO THIRD PARTY WEB SITES
Links to External Sites: We may provide hyperlinks to other web sites and Internet resources operated by parties other than Shifting Worlds. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY SHIFTING WORLDS, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS SHIFTING WORLDS LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.
LIMITATION OF LIABILITY
IN NO EVENT WILL SHIFTING WORLDS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SHIFTING WORLDS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
You agree to defend, indemnify and hold Shifting Worlds harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of these Conditions.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
ADDITIONAL CONDITIONS AND MODIFICATIONS TO CONDITIONS
WE MAY ADD ADDITIONAL CONDITIONS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH CONDITIONS ON THE SITE FROM TIME-TO-TIME. In addition, we may revise these Conditions at anytime. When we do, we will also revise the “last updated” date at the top of these Conditions. You are responsible for regularly reviewing the current Conditions. T he most current version of the Conditions can be reviewed by clicking on the “Conditions of Use” hypertext link located at the bottom of our web pages. Your continued use of the Site after we post any revised Conditions constitutes your agreement to any such revised terms. If you object to any of these Conditions or any subsequent changes, your may not use of the Site.
These Conditions including, without limitation, and any other terms and conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Shifting Worlds to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of Australian export laws and regulations. If you access the Site from a location outside the Australia, you are responsible for compliance with all local laws.
Shifting Worlds Pty Ltd
1 YOUR PRIVACY
Shifting Worlds supports the ‘National Privacy Principles for the Fair Handling of Personal Information’ act, which has set clear standards and guidelines for the collection, access, storage and use of Personal Information that Shifting Worlds may obtain during the course of our business operations. As defined in the Privacy Act 1988 (Cth), ‘Personal Information’ is information or an opinion, whether true or not, and whether recorded in a material form or not, about you or from which your identity can be reasonably ascertained.
2 INFORMATION COLLECTED
In order to provide you with services, we may ask for personal details such as your name, address, telephone number or e-mail address. Australian Privacy laws require Shifting Worlds to collect your Personal Information directly from you if it is reasonable and practical to do so.
3 USE OF INFORMATION
We do not use or share Personal Information for any purpose other than for the purpose for which it was disclosed. We do not provide or sell Personal Information to other organisations. However we may disclose Personal Information to our service providers who provide services in connection with our products and services.
4 INFORMATION ACCURACY
We take all reasonable steps to ensure that all Personal Information we hold is as accurate. You may contact us at any time and ask for its correction if you feel that the Personal Information we have about you is inaccurate or incomplete.
5 INFORMATION SECURITY
Shifting Worlds ensures your Personal Information is protected from unauthorised access, loss, misuse, disclosure or alteration. We store Personal Information in different ways, including in paper and electronic form. We use security procedures and technology to protect the Personal Information we hold.
6 SHIFTING WORLDS ONLINE
7 LINKS TO OTHER SITES
You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.
8 FURTHER INFORMATION
More information about Privacy law and the National Privacy Principles is available from the Federal Privacy Commissioner’s website www.privacy.gov.au
9 CONTACTING US
Shifting Worlds head office is located at Level 1, 187-193 Elizabeth St Melbourne 3000, Victoria, Australia. Should you require any further assistance you may contact us by email at email@example.com.