Definitions
Agreement means this agreement as amended or varied from time to time.
Gateway means Our secure online payment gateway using eWAY.
GST means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) 1999 (Cth), or an Act of Parliament of the Commonwealth of Australia substantially in the same form or with similar effect.
Order means any request You make using Our Gateway to purchase any Products.
Payment means any online transfer of funds from You to Us via Our Gateway and includes, without limitation, any donations or pledges.
Privacy Policy means Our privacy policy as noted on Our website, as amended, varied or substituted from time to time.
Products means any product and/or service offered for purchase by Us on Our website.
Return Policy means Our return policy as specified at clause 9 of this Agreement.
We and Us and Our and AdYO means The Adelaide Youth Orchestra Incorporated (ABN 53 037 804 043).
You and Your means anyone making Payments to Us or anyone else, via this website.
Limit of Our liability This online system is designed to electronically record Your transaction details (e.g. Your name and other personal details and Your credit card details). This data will be treated as confidential information in accordance with Our Privacy Policy. We accept no responsibility for the delivery of the transactions to the Gateway server and we accept no responsibility for the information stored on the Gateway server. To the extent permitted by law, We exclude all representations and warranties, express or implied, other than those contained in this Agreement. We accept no liability for any loss or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
a. Your use of or inability to use this website or the Gateway;
or
b. any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of this website or the Gateway.
Third Party Content Our website may contain links to other web sites operated by third parties (Third Party Sites). We have taken reasonable steps to ensure that any links to Third Party Sites are appropriate, however, We have no control over the content of Third Party Sites and We expressly state that We have no responsibility for any transaction or consequence arising from You following a link to a Third Party Site
Pricing Prices stated by Us for all Products are quoted in Australian dollars and where stated inclusive of GST. Unless otherwise stated, delivery charges are in addition to the price of the Product(s) as stated by Us at the time of Payment. We reserve the right to change our prices and delivery charges at any time and without prior notice to You
Ordering All Orders must specify all information We require. We reserve the right to accept or reject any Order and/ or Payment for any reason whatsoever. Once a Payment for an Order is accepted, We will notify You by e-mail acknowledging Your Order. All Payments, refunds or reversals of Payments will be noted on Your credit card and or bank statement (as applicable) as relating to Orders made with AdYO.
Cancelling Order If You wish to cancel or vary any Order, You must contact Us as soon as possible. We will use Our reasonable endeavours to accommodate any request to vary or cancel an Order provided the Product has not been sent. If We accept the cancellation or variation of an Order, We will apply a credit to You, or charge an additional Payment as applicable, and We may also charge a cancellation fee. If We reject the cancelation or variation of an Order, or if the Product has already been sent, Our Return Policy applies.
Delivery We will process Orders accepted by Us in the order in which they are received. Orders will be sent via the method of delivery specified when the Payment is made or by any other method deemed appropriate by us, however, delivery times stated by Us are in the nature of an estimate only and actual delivery times may vary.
Warranty on Products We warrant that, as at the time of delivery, all Products the subject of a Payment are complete and in working order as advertised. Except as required by law, We do not guarantee any aspect of the Products for any period of time after You receive them. Manufacturers guarantee and warranty terms may apply to specific Products.
Return Policy If You receive a Product which is not as advertised and you wish to return it, You must contact us immediately. In addition to any statutory requirements on Us in respect of any returns, refunds or exchanges, if We consider that the Product is not as advertised, You may return the Product to Us in accordance with the contact details specified on our website within 14 days of receipt and We will apply a credit to You in respect of the Payment made in connection with that returned Product.
Periodic Payments You may arrange for periodic Payments to be charged to your credit card automatically every month. If You wish to cancel these Payments, You must notify us at least 7 business days prior to the date on which the next Payment is to be charged.
Your Obligations You agree:
a. to provide only accurate information to Us;
b. to ensure that there are sufficient funds in Your account to enable the Payment; and
c. to bear any default charges resulting from having insufficient funds in Your account to enable the Payment.
Misuse We cannot be responsible for any unauthorised used of a credit card unless an unauthorised use of a card payment is proven. If Your card has been lost, stolen or is proved to be used without authorisation, You will need to contact Your provider directly. When a Payment is made, the transaction can only be disputed if it is a proven case of fraud. We expect You to behave in a responsible legal manner when using this website and the Gateway. You must not misrepresent Your identity or affiliation with any person or group.
Children under the age of 16 using this website or the Gateway must be supervised
Termination Any fraudulent or damaging activities or attempts to compromise the Gateway service will lead to immediate termination of this Agreement.