Welcome to our website. This website, with URL address https://separatetogether.com.au is owned and operated by Separate Together Pty Ltd (ACN 615 855 420).

By using this website or by using any other materials (such as info sheets, guides, eBooks, Documents or emails) we make available to you through our website, social media, via email or any other online channel (“Online Services”) you agree to be bound by the following Terms and Conditions. Should you not agree with any of these Terms and Conditions, please do not use our website.

The terms ‘Separate Together Pty Ltd’, ‘Separate Together’, ‘us’, ‘our’ or ‘we’ refers to Separate Together Pty Ltd, the owner of the website, whose registered office in the Australian Capital Territory. The term of ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following Terms and Conditions:

1. The content of this website is for your general information and use only. It is subject to change without prior notice and does not take into account your specific needs and circumstances. Reliance placed on the information on this website, our Online Services and/or those documents generated by automated software based upon your answers, whether for a fee or free of charge (“the Document(s)”) is at your own risk. In continuing to use this website, our Online Services and/or the Documents after any changes made, you agree to the changed Terms and Conditions.  These Terms and Conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
2. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
4. Unauthorised use of this website, Online Services and/or the Document(s) may be a criminal offence and/or give rise to a claim for damages. You agree that that you shall not use this website, Online Services and/or the Document(s) for any unauthorised or unlawful purpose, resell the Document(s) that you may receive for a fee or free of charge and/or post anything inappropriate on our website, including but not limited to, statements/images that are knowingly false, illegal, profane, defamatory, obscene, and/or infringes copyright, introduce any form of malicious software into our website, our Online Services and/or the Document(s).
5. We reserve the right to exclude, restrict and/or terminate your access to the website, any of our Online Services and/or the Document(s).
6. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
7. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website, the Online Services and/or the Document(s), for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
8. Your use of this website and any dispute arising out of your use of it is subject to the laws of the Australian Capital Territory. In the event that a provision of the Terms and Conditions on our website is held to be unenforceable or invalid in any jurisdiction, then it is to be interpreted as narrowly as necessary to facilitate enforcement.
9. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
10. You acknowledge that we may communicate with you via electronic mail. You release us from any claim that you may have as a result of unauthorised access to your email and/or any delay or non-delivery of any document or information.
11. If there is a breach of any law, the liability under the Terms and Conditions to you will be limited to the resupply of the Online Service and/or the Document(s).
12. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any the information, Document(s) and/or Online Services available through this website meet your specific requirements.
13. The Document(s) are wholly owned by us. You are permitted to use the Document(s) in the manner set out in these Terms and Conditions. You may download, save and amend the Document(s), provide the Document(s) to a lawyer of your choice for review and amendment and reuse the Document(s) for your personal use.
14. The copyright in the Documents belongs to us and that we make Documents available to you under licence as set out in these Terms. You are permitted to use the Documents for your personal use. You are not permitted to reuse the Documents for any other purposes, nor to provide the Documents to third parties to reuse or to benefit from (or attempt to benefit from) the Documents in a commercial fashion, including that you are not permitted to re-sell, copy, reproduce, transmit electronically or otherwise use the Documents in whole or in part, in any manner whether in original form or amended in any way, unless you have requested and received our written permission (including by email) to use the Documents in another way.
15. You acknowledge and are aware that the Document(s) that you may download from our website may contain mistakes and/or errors and/or inaccuracies (“errors”). We exclude any liability for such errors to the fullest extent permissible by law. You are responsible for correcting any errors and ensuring that the Document(s) that you have accessed, created and/or downloaded through our website is appropriate to your circumstances. We recommend seeking legal advice from a qualified lawyer.
16. The information available on this website does not constitute legal advice.
17. The Documents are generated by automated software and consequently are for informational purposes only. The Documents do not in any way constitute legal advice. The Documents available for purchase are not a legal service and are purely information.We encourage you to seek independent legal advice prior to using the Documents. Separate Together disclaims all liability and shall not be responsible for your use of the Documents.
18. Any use of the website and/or the Documents is not intended to, and does not, create a lawyer-client relationship. Any communication via the website may not be held confidential and are not bound by legal professional privilege.
19. We accept no liability for your software system’s impact on the Document(s) that you may download from our website for a fee or free of charge.
20. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
21. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
22. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
23. Payments made through our website are made to Separate Together Pty Ltd and are deposited into our general business account for the limited legal service and/or informational product(s) (as the case may be) that has/have been provided.
24. All prices listed on our site are in Australian dollars and are inclusive of GST unless otherwise stated. Our prices and payments methods may be amended from time to time at our discretion, without further notice to you.
25. Competitors, including legal and non-legal professionals, business, entities and/or individuals, are not permitted to access or use any information or documents on our Site.
26. In the event that you experience a problem with using our website and/or Online Store, you should raise the matter directly with us using our online contact form (“the informal procedure”). In the event that you feel the nature of your complaint is too serious to be deal with informally or where a satisfactory conclusion has not been reached after following the informal procedure, a formal complaint should be made in writing to Separate Together Pty Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. A full and considered response to the complaint can be expected within 30 days.

Acceptance

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms.

Registration

You can browse and view the Platform as an unregistered user of the Platform.  You may be required to register on the Platform and create an account (Account) to access some features on the Platform, such as the purchase of goods, services, and any other products (Goods).

Our Contract

When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your order which will be an acknowledgement only and will not constitute acceptance of your Order. A contract between us will not be formed until we send you confirmation by e-mail that the goods in your Order have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If you make more than one Order a new contract will be created each time you place an Order.

Privacy and availability

We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time. Delivery costs will be charged in addition to the purchase of Goods at our discretion and depending on your location; such additional charges are clearly displayed where applicable and included in the “Total Cost” at checkout.

Fees and Payments

It is free to register an Account on the Platform. Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.

Delivery of your Order

• When delivering Goods purchased on the website we will only deliver to the individual listed on the Order, and where requested, you must provide us, or our third party couriers (where applicable), with acceptable forms of identification on delivery, such as a passport or drivers’ licence to enable us to verify your identity.
• You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then you will be notified, generally by a card that we, or our delivery company, will leave at the delivery address. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund.
• All standard orders in Australia are delivered personally by our representative or sent by a postage provider of our choice without insurance but with tracking where possible. The choice of delivery method will be dependent upon your physical location and any options you select at checkout when placing your Order.
• Where we offer International Orders, the terms of delivery and postage fees will be listed on our Website, noting that the choice of our delivery method, or whether we deliver to your country will be entirely at our discretion.
• While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
• Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
• For non-delivery of goods, please notify us by email as soon as possible.

Receipt of Goods

• You must inspect the Goods immediately upon their arrival and if the Goods are not in accordance with the specified requirements then you must give notice to us within 24 hours of receipt of the Goods. If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 24 hours after receipt of the Goods by you.
• This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.

Refund and Cancellation Policy

Please choose carefully. We do not offer refunds if you change your mind or make the wrong decisionA request for a refund must be made within 21 days from the date of the funds being debited from your credit card. Any refund will be at our absolute discretion.

Collection of information

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

(a)        copy or use, in whole or in part, any Content;

(b)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)        breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1)        altering or modifying any of the Content;

(2)        causing any of the Content to be framed or embedded in another website; or

(3)        creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

(a)        you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)        neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a)        Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b)        Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Limitation on Claims

• We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
• We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including where you do not follow appropriate storage instructions for the Goods, where applicable.
• Our liability for failure to comply with a consumer guarantee is limited to:
• in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and
• in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
• Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
• In all other respects, our total liability for loss or damage of every kind, whether:
  • arising pursuant to the terms of service; or
  • arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

• Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
• Where you have asked us to recommend a product for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.
• This clause will survive the termination or expiry of these Terms.

Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded.

Indemnity

You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Infection control

While we use the best hygiene possible at our end, we cannot guarantee that the packaging is free of infection and we recommend that you also exercise precaution by using hand washing and sanitization following when unpacking the products. We reserve the rights to rely on indemnity in this regard.

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: These Terms, and your Order, are governed by the laws of the State or Territory in which our online store is located.

Entire Agreement: These terms constitute the entire agreement between you and us.

For any questions and notices, please contact us at:

Separate Together Pty Ltd (ACN 615 855 420)

Email: [email protected]

Last update: 23 November 2023