Terms & Conditions of Sale and Platform Use

Welcome to the www.fullofbeanies.com website (website).  This website, mobile application and domain name (collectively the “Platform”) are owned and operated by Australian Country Spinners Pty Ltd ACN 006 290 713 (us or we).  This Platform is made available by us and all content, information, software, script, code, text, graphics, sound, music, videos, applications, interactive features, logos, design, layout, downloads, pricing, products and services provided on and through this Platform (Content), are governed by the following terms and conditions (as amended from time to time by us) (Terms and Conditions).

Please take a few minutes to review these Terms and Conditions.  By using the Platform and in consideration of us providing you with access to this Platform, you agree to abide by and be bound by these Terms and Conditions, which together with the Privacy Policy [insert link to Privacy Policy], govern your access to and use of this Platform.

If you do not agree with these Terms and Conditions, please do not use the Platform.

1. Customer support

1.1 We have a customer support team which will endeavour to respond to any queries within 48 hours.  You can contact our customer support team at customerservice@auspinners.com.au.

2. Errors and inaccuracies

2.1 While we make every reasonable effort to present accurate information on the Platform, the information contained on the Platform may contain typographical errors or inaccuracies and may not be complete or current.
2.2 Subject to any rights you may have as a consumer as set out in clause 4.2:

(a) we do not represent or warrant that this Platform will be:

(i) error‑free, complete, true, accurate, timely, reliable or otherwise not misleading;

(ii) free of viruses or other harmful components; or

(iii) available or accessible.

(b) we reserve the right to correct any errors, inaccuracies or omissions on the Platform and to change or update information at any time without prior notice.  Such errors, inaccuracies or omissions may relate to a product description, pricing and availability.  We apologise for any inconvenience this may cause you.

3.Indemnification

You agree to indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (each an Indemnified Party), harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by us or any Indemnified Party in connection with any claim, demand, suit, action or proceeding by any person against us where such loss or liability arises out of, in connection with or in respect of your use of the Platform or any breach by you of these Terms and Conditions by you.

4. Limitation of liability

4.1 Subject to clause 4.2:

(a) this Platform, the Content and any Goods provided by us are provided on an ‘as is, as available’ basis.  We make no warranty or representation to you as to the performance or operation of this Platform, the Content or the Goods;
(b) all conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Platform, the Content and the Goods;
(c) we will not be liable for any loss or damage resulting from or in connection with any use or access of, or any inability to use or access, the Platform (or any Content) ; and
(d) we exclude any liability for legal costs and disbursements and, without limitation, any loss or damage to reputation, lost data, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, any loss or damage suffered from unauthorised access to our use of our secure servers and/or personal information and/or financial information stored on those servers, lost production or any other indirect or consequential expense, loss or damage suffered by you under or in connection with this Platform, these Terms and Conditions, the Content or the Goods.

4.2 The Australian Consumer Law (ACL) provides consumers with a number of protections and consumer guarantees which cannot be excluded or limited.  These Terms and Conditions, and in particular the limitations of liability set out in clause 4.1 of these Terms and Conditions, are therefore subject to, and will not apply to the extent that they limit or exclude such protections or consumer guarantees applicable to consumers.
4.3 Where the ACL permits us to limit the remedies available to you for a breach of a consumer guarantee, we limit our remedies to you, at our option, in the case of Goods, to the repair or replacement of the Goods, the supply of equivalent Goods or the payment of the cost of having the Goods repaired or replaced or having equivalent Goods supplied and, in the case of service, to supplying the services again or paying the cost of having the services supplied again.

5. Intellectual property
5.1 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or trade marks for any purpose, other than with the prior written consent of Australian Country Spinners, or as permitted by law.  All rights of Australian Country Spinners are reserved.
5.2 Trade marks used on this Platform to describe third parties and their products are trade marks of those third parties.

5.3 You acknowledge and agree that you obtain no rights in this Platform or any part of the Content from your use of the Platform and the Content.

5.4 You are permitted to use the Content only as expressly authorised by us.  Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.  Without limiting the foregoing, copying and use of the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.  However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

5.5 “User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by us.

5.6 Your User Generated Content is not confidential or proprietary. Your submission of any such content shall constitute an assignment to us of all rights, titles and interests in all copyrights and other Intellectual Property Rights in the User generated content.  We will be entitled to use, reproduce, disclose, publish and distribute any content you submit for any purpose whatsoever, without restriction and without compensating you in any way.

5.7 If you become aware of any infringement or suspected infringement by any third party of any intellectual property rights in this Platform or the Content, you must immediately notify us.

6.Colours

We have done our best to display as accurately as possible the colours of the Goods shown on the Platform.  However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

7. Licence to use Platform
7.1 As a user of this Platform, you are granted a non‑exclusive, non‑transferable, revocable, limited licence to access and use this Platform and the Content in accordance with these Terms and Conditions.
7.2 We may terminate this licence at any time for any reason whatsoever immediately and without notice.
7.3 If you wish to download and use any materials contained on this Platform for a temporary purpose (such as viewing offline), you may do so.  However, downloading materials contained on this Platform for reproduction may only be done upon receipt of prior written consent from us.
8. Your use of the Platform
8.1 This Platform is for your personal, non‑commercial use only.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content contained within this Platform.

8.2 You agree that you will be personally responsible for your use of this Platform and for all of your communication and activity on, and pursuant to, this Platform.  If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms and Conditions, we may deny you access to this Platform on a temporary or permanent basis.

9. Limitations on use of Platform
9.1 You must not:

(a) use the Platform in breach of any applicable laws or regulations;

(b) use the Platform to harm, abuse, harass, stalk, threaten or otherwise offend others;

(c) interfere with, disrupt, or create an undue burden on the Platform;

(d) upload, post, transmit or otherwise make available any material that:

(i) is not your original work, or which may infringe the intellectual property or other rights of another person;

(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) includes an image or personal information of another person unless you have their consent;

(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(v) contains large amounts of untargeted, unwanted or repetitive content; or

(vi) contains financial, legal, medical or other professional advice.

9.2 If you believe that a user has breached any of the above conditions, please contact us.

10. Linking and Third Party Content

10.1 You must not link to, frame or mirror any part of this Platform without our prior written authorisation.

10.2 This Platform may contain links to or display the content of third parties (Third Party Content), including links to Platforms operated by other organisations and individuals (Third Party Platforms).  Third Party Content and Third Party Platforms are not under our control.  We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Platforms or the products, services or information available on any Third Party Platform, or in respect of the owner or operator of a Third Party Platform or their conduct.  We are not responsible for the availability of Third Party Platforms, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of Third Party Platforms, including any advertising, products or other materials or services on or available from such Platforms or resources.  Nor are we liable for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of, or reliance on any such content, goods or services available on Third Party Platforms or resources.

10.3 If you use or rely upon Third Party Content or Third Party Platforms, you do so solely at your own risk.

11. Privacy

Our Privacy Policy (which can be viewed here) is incorporated by reference into these Terms and Conditions.  By using the Platform, you agree to the Privacy Policy.

12. General

12.1 These Terms and Conditions are governed by the laws of the State of Victoria.
12.2 We reserve the right to change these Terms and Conditions from time to time by posting a new version on this Platform.  By continuing to use the Platform, you agree to be bound by the changes.  All amendments are effective from the time of posting on the Platform but will not apply to orders already placed and processed.

13. Contact

If you have any queries regarding these Terms and Conditions, please contact us on customerservice@auspinners.com.au.