Terms of Use
Privacy Policy
Shipping and Returns

Frost*Shop Website - Terms of Use (Last updated 10 May 2008)

Important legal notice

Please take time to read through these Terms of Use (the “Terms”) carefully before you register to become a member and/or order a Product from the Frost*Shop website located at the URL http://shop.frostdesign.com.au (the “Website”). These Terms contain important information about your obligations to us if you choose to use this Website and our limitations of liability to you.

The Privacy Policy, instructions on ordering Products and the Shipping & Returns Policy are incorporated into these Terms by reference.

By registering to become a member and/or placing an order for a Product via this Website, you agree that you will be accepting these Terms and entering into an agreement with Frost Design Pty Ltd (ACN 116 070 690) on the basis of these Terms (the “Agreement”). If you do not wish to be bound by these Terms, please do not use this Website.

We may amend the Terms from time to time. You agree that you will check the Terms each time you use the Website. Your continued use of the Website after we amend the Terms will constitute your acceptance of those amended Terms.

Interpretation

In these Terms:

• “Frost Design”, “we” and “us” are all references to Frost Design Pty Ltd (ACN 116 070 690).
• "TAX" means "GST" the Goods and Services Tax.
• “Product” means each product offered for sale on the Website.
• “you” means you the person using (including buying Products from) this Website.

Registering with Frost*Shop

Before ordering a Product, you need to register and become a member of the Website by completing the “Create an Account” form on the Website. Registration is free.

By registering and becoming a member of the Website, you will be able to view information about any order you have made.

In the process of registering and becoming a member of the Website, you will be asked to provide information about yourself including your name, date of birth, postal address and email address. You must complete all information requested truthfully and accurately. Any personal information that you provide about yourself will be held and used by us in accordance with the Privacy Policy.

You will also be asked to choose a password which you can use to access your account information. It is your responsibility to keep your password confidential. You will be solely responsible for all activities that take place when the Website is accessed using your password.

We may cancel your membership (and with it all rights of membership described in these Terms):

• upon request from you at anytime;
• if you breach these Terms; or
• if we stop providing the Website including the services on the Website.

Ordering a Product from the Website

You may order a Product from the Website by using the order form found on the Website and the payment methods specified on the Website.

If you are already a member of the Website, you can make the order using your password without having to re-enter your personal and shipping details. You must complete all information requested truthfully and accurately. Any personal information that you provide about yourself will be held and used by us in accordance with the Privacy Policy.

We will use reasonable endeavours to correctly label and categorise each Product. However, we do not guarantee that the information we publish about each Product is free from inaccuracies or typographical errors.

We may, in our sole discretion, add, delete or change the Website or some or all of the services provided via the Website.

Pricing

All amounts quoted are in Australian dollars and are exclusive of the Goods and Services Tax (GST). The GST may not be charged for goods that are shipped outside of Australia.

The price of each Product is subject to change without notice. Price increases or decreases will not apply retrospectively to any orders that have already been made by you and processed by us.

Customer responsibilities

It is your responsibility to ensure that all shipping and order details that you provide to us are accurate. If you are a member of the Website, you can update your account details yourself by logging into your account using your password.

We take no responsibility for items shipped to the wrong address or person due to the wrong details being supplied by you.

You should notify us immediately if you feel your account details and/or password are being fraudulently used or there has been a breach of security involving your account details and/or password.

Joining the mailing list

When you register and become a member of the Website, you will have the right to join our mailing list, to receive our newsletter. Our newsletter will be sent to you by email.

We may stop sending you such information and/or remove you from our mailing list if your membership is cancelled in accordance with these Terms.

Intellectual property rights

All rights, title and interest in the content on the Website (including its layout, design elements and software), the “FROST*” trade mark and all other content found on, or accessible from the Website including text, graphics, titles and Product information, pictures, photographs, videos, audio files, music, logos, trade names, trade marks (whether registered or unregistered), designs or any other content (referred to below as the “Materials”) are protected by copyright, trade mark, designs and other intellectual property laws.

Nothing contained in these Terms should be construed as granting you any licence or rights in the Materials. You may access and view the Materials when you browse the Website or use the Website to purchase a Product. All other rights in the Materials are reserved by Frost Design.

Our liability is limited

You acknowledge that you are accessing and using the Website and relying on the Materials, or other materials accessible from the Website, at your own risk. The Website is provided “as is” and without any warranties, express or implied, in relation to the Website or goods or services supplied through the Website, including (but not limited to) warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not promise that the Website will be available all the time, complete or that your use of the Website will be uninterrupted or error free.

To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Website or any goods or services provided by Frost Design via the Website are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:

• with respect to the supply of goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired;
• with respect to the supply of services:
  • the re-supply of the services; or
  • the payment of the cost of having the services re-supplied.

In no event will Frost Design (including its directors, officers, agents, employees or contractors) be liable for any:

• direct loss; or
• indirect or consequential loss,

including, but not limited to, loss of profits, production, data, opportunity or goodwill or business interruption however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise), arising during and/or as a result of the performance or non-performance of the Agreement by Frost Design even if Frost Design is aware of the possibility of such loss or if such loss was otherwise foreseeable (all the foregoing collectively referred to as “Damage”). Frost Design shall not be considered to have breached the Agreement unless you have given us written notice of the alleged breach, specifying in detail the breach you allege to have occurred and giving us until the next publication or 60 days, whichever is greater, to remedy the alleged breach.

Your warranties

You warrant that:

• you have the power to enter into and observe your obligations under this Agreement;
• you will use the Website solely for the permitted purposes set out in these Terms;
• you will not to use any device, software or routine to interfere, or attempt to interfere, with the proper operation of the Website or any activities being conducted on the Website; and
• you will not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

Your indemnities

You agree to forever indemnify, defend and hold us harmless for all liability, claims, damages and costs, including legal fees (on a lawyer/client basis), arising out of or in connection with any breach by you of any obligations, representations and warranties provided by you in this Agreement.

Governing law and jurisdiction

All matters arising from or relating to this Agreement and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement shall be governed by the laws of New South Wales, Australia without regard to conflict of laws principles. The parties agree to unconditionally submit themselves to the exclusive jurisdiction of the courts of New South Wales, Australia.

Severability and entire agreement

If one or more provisions of this Agreement are held to be invalid, such invalidity shall not affect the other provisions, and to this extent, the provisions of this Agreement are severable. This Agreement constitutes the entire agreement between you and us and supersedes all prior understandings, negotiations and agreements, written or oral, between you and us. You acknowledge that we do not give any warranties or make any representations other than those expressly set out in these Terms.

Relationship between you and us

The relationship between you and us is one of independent contractors and nothing in this Agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between you and us.

No assignment and novation

You may not, or attempt to, assign or novate or transfer any right or obligation under this Agreement without our prior written consent.

Dispute resolution

If a dispute arises out of, or in any way in connection with, or otherwise relates to these Terms, or the breach, termination, validity or subject matter thereof, or as to any related claim at law, in equity or pursuant to any statute, then before resorting to litigation or any other form of dispute resolution, the parties must use best efforts to negotiate a resolution to the dispute in good faith for a period of up to 7 days.

If the dispute cannot be resolved within 7 days of the dispute arising, Frost Design may serve notice on you requiring that the dispute be referred to arbitration administered by the Australian Commercial Disputes Centre (“ACDC”).

The arbitration shall be conducted in Sydney, Australia in accordance with the ACDC Rules for arbitration which are operating at the time the dispute is referred to the ACDC and which terms are hereby deemed incorporated into these Terms. Each party shall pay its own costs in relation to such arbitration.

Frost*Shop Website - Privacy Policy (Last updated 10 May 2008)

Frost Design Pty Ltd ACN 116 070 690 (referred to below as “Frost Design”, “we” or “us”) respects your information privacy rights.

This Privacy Policy explains how we will handle any personal information that we collect from you when you use the Frost*Shop website at the URL http://www.shop.frostdesign.com.au (the “Website”).

The term “personal information” has the same meaning as in the Australian Commonwealth Privacy Act 1988 and includes information that can be used to personally identify you.

Our collection and use of your personal information

We only collect personal information from you which is relevant to our business. The personal information we collect includes your name, age, email and postal addresses.

This information is collected directly either when you:

• register and become a member of the Website;
• order a Product from the Website; or
• otherwise email or call us with an inquiry in relation to our services or products or for any other reason.

We cannot provide the relevant services to you (e.g. shipping your Product order or responding to your inquiry) unless that personal information is supplied by you at the relevant stage.

We will only use the personal information that we collect from you for the reasons which it is collected as set out above. We will not use that information for other purposes (e.g. marketing) unless we have your express permission.

Our disclosure of your personal information

In the process of providing our services to you, we may disclose your personal information to our affiliates or agents or contractors. This includes third party contractors that provide services to us including technology and security services related to the Website and courier or postal services.

If we disclose your personal information to such third parties, we will use reasonable endeavours to ensure that those third parties only use your personal information for the specific purposes for which we provide it to them and consistently with this Privacy Policy.

We may also disclose your personal information:

• to our professional advisors;
• to law enforcement authorities if we suspect that an unlawful act is being committed or that such disclosure will prevent that unlawful act; or
• as otherwise required or authorised by law.

Other than the types of disclosures set out above, we will not disclose your personal information to any other third party unless we have your consent.

Protection and security of personal information

We believe that it is important to keep your personal information secure from misuse and unauthorised access or disclosure. We take reasonable steps to protect your personal information by, for example:

• restricting access by other users of the Website to your account information which may only be accessed by the use of a password; and
• enabling data encryption when you pay for a Product that you have ordered.

Accessing your personal information and keeping it complete, accurate and up-to-date

If you have registered as a member of the Website, you can update your personal information by logging into your account page. Alternatively, you can update that information by contacting us using the means set out below.

Contacting Frost Design

If you have a complaint about the way in which your personal information has been handled by us or you would like to know more information about our approach to privacy, please contact us by email at shop@frostdesign.com.au

Frost*Shop Website - Shipping and Returns (Last updated 10 May 2008)