Terms & conditions

WEBSITE TERMS AND CONDITIONS OF USE (SERVICES)

Welcome to our website. If you continue to browse and use this website, you agree to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern Hayley Tillard’s relationship with you in relation to this website.

The term “Hayley Tillard” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

Australian Consumer Law and Consumer Guarantees

We comply with the Australian Consumer Law (“ACL”) and consumer guarantees apply to the supply of our services.

Delivery of Services, Returns and Refunds Policy, Warranty, Payment 

Refunds

We strive to ensure that all services provided through the website meet our customers’ expectations. If you are not satisfied with our services, please contact us immediately to discuss your concerns.

Any requests for refunds must be made within 30 days of the purchase date. After this time, no refunds will be provided unless required by law.

If you change your mind about your purchase, we may provide a refund at our sole discretion, subject to the condition that the services have not been used or consumed.

The cost of returning the services for a change of mind refund will be borne by you, unless otherwise agreed upon in writing.

We reserve the right to refuse a refund if we believe that the request for a refund is not genuine or if we suspect any fraudulent activity.

If the services we provide are faulty or do not meet a consumer guarantee under the Australian Consumer Law, you may be entitled to a refund, repair, or replacement as required by law.

Any refunds provided will be made using the same payment method used for the original purchase, unless otherwise agreed upon in writing. We may also offer store credit as an alternative to a cash refund.

We may also offer a ‘free’ refund within a specified period, subject to the conditions of the specific offer. Any additional conditions will be clearly stated at the time of purchase.

Delivery

We aim to deliver our services promptly and efficiently. The delivery method and timing of services will be agreed upon with you at the time of purchase.

Delivery costs will be borne by the customer unless otherwise agreed upon in writing.

We deliver services to locations within Australia and internationally, subject to any legal or regulatory restrictions.

We use reasonable care and skill in delivering our services. We will not be liable for any delays, errors, or omissions caused by circumstances beyond our control, such as weather conditions or transportation disruptions.

Any risk of loss or damage to the services passes to the customer upon delivery. We will not be liable for any loss or damage to the services after delivery.

Warranty

We stand behind the quality of our services and will provide a warranty on our services in accordance with the Australian Consumer Law.

If a customer experiences any issue with the services provided, we will work with the customer to resolve the issue in a prompt and fair manner.

The length of any warranty period will be clearly stated at the time of purchase, and any additional conditions will be clearly stated in writing.

This warranty does not cover any damage caused by misuse, abuse, or unauthorised service modifications.

To the extent permitted by law, we exclude all other warranties, guarantees, or conditions, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Payment

All prices listed on our website are in Australian dollars and include any applicable taxes.

Payment for purchases made through our website must be made at the time of purchase using one of the payment methods specified on our website.

We use a secure payment gateway to process all online payments, and we do not store any payment information on our website.

If a payment is declined, we reserve the right to cancel the order and notify the customer of the cancellation.

If we are unable to fulfil an order, we will refund the full amount paid by the customer using the same payment method used for the original purchase.

If a customer is entitled to a full refund under these terms and conditions, we will refund the full amount paid by the customer using the same payment method used for the original purchase.

If a refund is processed, we will make every effort to process the refund within 10 business days of receiving the request. However, we cannot guarantee a specific timeframe for processing refunds, as this may depend on factors beyond our control.

Privacy and Disclaimer for Warranties

We collect personal information to provide services to you. By using our website, you consent to us collecting, using and disclosing your personal information in accordance with our privacy policy.

We provide no warranty or guarantee that our website will be error-free or uninterrupted. You acknowledge that your use of this website is at your own risk.

Disclosure of Information

We may disclose information about you to third parties where necessary to provide services to you or where required by law.

The website and its contents are intended only for your non-commercial, personal use.

You acknowledge and agree that the content on the website is provided “as is” and without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, non-infringement, and warranties that access to or use of the website will be uninterrupted or error-free.

We do not warrant that the website or any content, services, or features of the website will be error-free, accurate, reliable, uninterrupted, or free of viruses or other harmful components.

Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from us or through or from the website shall create any warranty not expressly stated in these terms and conditions.

Intellectual Property and Copyright

The content of this website is owned by us or licensed to us. This includes, but is not limited to, the design, layout, look, appearance, graphics, and software. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.

The website and all content and materials on the website, including, without limitation, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of the website owner or its content suppliers and are protected by intellectual property and copyright laws.

You may not use the website or its content for any commercial or other purposes unlawful or prohibited by these terms and conditions.

Any unauthorised use of the website or its content may violate intellectual property or copyright laws and other laws and regulations.

Limiting Liability for Information and Material

We do not guarantee the accuracy, completeness, or timeliness of information available on this website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You agree to indemnify us and hold us harmless from and against any claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in any way connected with your use of this website.

To the extent permitted by law, we exclude all liability to you or any third party for any loss or damage, whether direct, indirect, incidental, consequential, or otherwise, arising out of or in connection with your use or inability to use the website, including without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, we will not be liable for any loss or damage arising from your use of or reliance on any content available on or through the website, or from any errors or omissions in such content.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Our total liability to you or any third party, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with your use or inability to use the website shall not exceed the amount paid by you, if any, for accessing this website.

Limiting Liability for Third-Party Links

This website may contain links to third-party websites that are not under our control. We have no responsibility for the content of linked websites and make no representations as to the accuracy or any other aspect of information contained in those websites. Including links does not necessarily imply a recommendation or endorse the views expressed within them.

The website may contain links to third-party websites or resources. These links are provided for your convenience only and do not constitute an endorsement or recommendation by us of the third-party websites or resources or their content.

We do not control, endorse, or assume any responsibility for any third-party websites, information, materials, products, or services. We make no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any information, materials, products, or services available through any third-party websites or resources.

You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such information, materials, products, or services available on or through any third-party websites or resources.

The User’s Rights and Licence to Use the Website

You have the right to use this website for lawful purposes only. You may not use this website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website.

We grant you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

General

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us concerning your use of this website and supersede all previous agreements regarding your use of this website.

If any provision of these terms and conditions is found invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms and conditions, which will continue in full force and effect.

These terms and conditions are governed by and construed in accordance with the laws of the State of Queensland. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland.

Indemnity

You agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your use or misuse of the website, any content posted or transmitted by you, any violation of these terms and conditions by you, or any violation of any rights of another by you.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you. In this event, you will cooperate with us in asserting any available defences.