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Terms and Conditions

Frame Chasers -  TERMS AND CONDITIONS OF USE

  1. About the Website

1.1. Welcome to www.framechasers.com (the 'Website'). The

Website provides you with an opportunity to browse and

purchase various products that have been listed for sale through

the Website (the 'Products'). The Website provides this service

by way of granting you access to the content on the Website (the

'Purchase Services').

1.2. The Website is operated by Frame Chasers (ABN 13 558 530

858) . Access to and use of the Website, or any of its associated

Products or Services, is provided by Frame Chasers. Please

read these terms and conditions (the 'Terms') carefully. By

using, browsing and/or reading the Website, this signifies that

you have read, understood and agree to be bound by the Terms.

If you do not agree with the Terms, you must cease usage of the

Website, or any of Services, immediately.

1.3. Frame Chasers reserves the right to review and change any of

the Terms by updating this page at its sole discretion. When

Frame Chasers updates the Terms, it will use reasonable

endeavours to provide you with notice of updates to the Terms.

Any changes to the Terms take immediate effect from the date of

their publication. Before you continue, we recommend you keep

a copy of the Terms for your records.

  1. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by Frame Chasers in the user interface.

  1. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register

as a user of the Website. As part of the registration process, or as

part of your continued use of the Purchase Services, you may be

required to provide personal information about yourself (such as

identification or contact details), including:

(a) Email address

(b) Mailing address

(c) Telephone number

3.2. You warrant that any information you give to Frame Chasers in

the course of completing the registration process will always be

accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a

registered member of the Website ('Member') and agree to be

bound by the Terms. As a Member you will be granted

immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the

Terms if:

(a) you are not of legal age to form a binding contract with

Frame Chasers; or

(b) you are a person barred from receiving the Purchase

Services under the laws of Australia or other countries

including the country in which you are resident or from

which you use the Purchase Services.

  1. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are

permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted

practices or guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the

confidentiality of your password and/or email address.

Use of your password by any other person may result in

the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other

person, or third parties, is strictly prohibited. You agree to

immediately notify Frame Chasers of any unauthorised

use of your password or email address or any breach of

security of which you have become aware;

(e) access and use of the Website is limited, non-transferable

and allows for the sole use of the Website by you for the

purposes of Frame Chasers providing the Purchase

Services;

(f) you will not use the Purchase Services or Website for any

illegal and/or unauthorised use which includes collecting

email addresses of Members by electronic or other means

for the purpose of sending unsolicited email or

unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links,

and other forms of solicitation may be removed from the

Website without notice and may result in termination of the

Purchase Services. Appropriate legal action will be taken

by Frame Chasers for any illegal or unauthorised use of

the Website; and

(h) you acknowledge and agree that any automated use of

the Website or its Purchase Services is prohibited.

  1. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through

the Website, you will agree to the payment of the purchase price

listed on the Website for the Product (the 'Purchase Price').

5.2. Payment of the Purchase Price may be made through PayPal,

Shopify Payments (the 'Payment Gateway Provider')

In using the Purchase Services, you warrant that you have

familiarised yourself with, and agree to be bound by, the

applicable Terms and Conditions of Use, Privacy Policy and

other relevant legal documentation provided by the Payment

Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by

Frame Chasers, you will be issued with a receipt to confirm that

the payment has been received and Frame Chasers may record

your purchase details for future use.

5.4. Frame Chasers may, at their sole discretion, provide a refund on

the return of the Products within 30 days where the Product

packaging is unopened and remains in a saleable condition.

You acknowledge and agree that you are liable for any postage

and shipping costs associated with any refund pursuant to this

clause.

  1. Warranty

6.1. Frame Chasers's Products come with guarantees that cannot be

excluded under the Australian Consumer Law. You are entitled

to a replacement or refund for a major failure of the Product and

compensation for any other reasonably foreseeable loss or

damage. You are also entitled to have the Products repaired or

replaced if the Products fail to be of acceptable quality and the

failure does not amount to a major failure (the 'Warranty').

6.2. You may make a claim under this clause (the ' Warranty

Claim') for material defects and workmanship in the Products

within 12 months from the date of purchase (the ' Warranty

Period').

6.3. In order to make a Warranty Claim during the Warranty Period,

you must provide proof of purchase to Frame Chasers showing

the date of purchase of the Products, provide a description of the

Products and the price paid for the Products by sending written

notice to Frame Chasers at 4/40-42 Pacific Street, Manly, New

South Wales, 2095 or by email at hello@framechasers.com.

6.4. Where the Warranty Claim is accepted then Frame Chasers will,

at its sole discretion, either repair or replace any defective

Products or part thereof with a new or remanufactured equivalent

during the Warranty Period at no charge to you for parts or

labour. You acknowledge and agree that you will be solely liable

for any postage or shipping costs incurred in facilitating the

Warranty Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted

by Frame Chasers and shall be the sole and exclusive remedy

available to you in addition to other rights and under a law in

relation to the Products to which this warranty relates.

6.6. All implied warranties including the warranties of merchantability

and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied

Products nor to the additional excluded items set forth below nor

to any supplied Products where the exterior of which has been

damaged or defaced, which has been subjected to misuse,

abnormal service or handling, or which has been altered or

modified in design or construction.

  1. Delivery

7.1. You acknowledge that the Purchase Services offered by Frame

Chasers integrate delivery (the ' Delivery Services') through

the use of third party delivery companies (the ' Delivery

Service Providers').

7.2. In providing the Purchase Services, Frame Chasers may provide

you with a variety of delivery and insurance options offered as

part of the Delivery Services by the Delivery Service Providers.

You acknowledge and agree that Frame Chasers is not the

provider of these delivery and insurance options and merely

facilitates your interaction with the Delivery Service Providers in

respect to providing the Delivery Services.

7.3. In the event that an item is lost or damaged in the course of the

Delivery Services, Frame Chasers asks that you:

(a) contact the Delivery Service Provider directly to request a

refund or to claim on any insurance options available; and

(b) contact us by sending an email to

hello@framechasers.com outlining in what way the

Products were damaged in transit so we are able to

determine if the Delivery Service Provider should be

removed from the Purchase Services.

  1. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related

products of Frame Chasers are subject to copyright. The material

on the Website is protected by copyright under the laws of

Australia and through international treaties. Unless otherwise

indicated, all rights (including copyright) in the site content and

compilation of the website (including text, graphics, logos, button

icons, video images, audio clips and software) (the 'Content')

are owned or controlled for these purposes, and are reserved by

Frame Chasers or its contributors.

8.2. Frame Chasers retains all rights, title and interest in and to the

Website and all related content. Nothing you do on or in relation

to the Website will transfer to you:

(a) the business name, trading name, domain name, trade

mark, industrial design, patent, registered design or

copyright of Frame Chasers; or

(b) the right to use or exploit a business name, trading name,

domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent,

registered design or copyright (or an adaptation or

modification of such a system or process).

8.3. You may not, without the prior written permission of Frame

Chasers and the permission of any other relevant rights owners:

broadcast, republish, up-load to a third party, transmit, post,

distribute, show or play in public, adapt or change in any way the

Content or third party content for any purpose. This prohibition

does not extend to materials on the Website, which are freely

available for re-use or are in the public domain.

  1. Privacy

Frame Chasers takes your privacy seriously and any information provided

through your use of the Application and/or the Purchase Services are subject to

Frame Chasers's Privacy Policy, which is available on the Application.

  1. General Disclaimer

10.1. You acknowledge that Frame Chasers does not make any terms,

guarantees, warranties, representations or conditions

whatsoever regarding the Products other than provided for

pursuant to these Terms.

10.2. Frame Chasers will make every effort to ensure a Product is

accurately depicted on the Website, however, you acknowledge

that sizes, colours and packaging may differ from what is

displayed on the Website.

10.3. Nothing in these Terms limits or excludes any guarantees,

warranties, representations or conditions implied or imposed by

law, including the Australian Consumer Law (or any liability

under them) which by law may not be limited or excluded.

10.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or

conditions which are not expressly stated in these Terms

are excluded; and

(b) Frame Chasers will not be liable for any special, indirect

or consequential loss or damage (unless such loss or

damage is reasonably foreseeable resulting from our

failure to meet an applicable Consumer Guarantee), loss

of profit or opportunity, or damage to goodwill arising out

of or in connection with the Purchase Services or these

Terms (including as a result of not being able to use the

Purchase Services or the late supply of the Purchase

Services), whether at common law, under contract, tort

(including negligence), in equity, pursuant to statute or

otherwise.

10.5. Use of the Website, the Purchase Services, and any of the

products of Frame Chasers (including the Delivery Services), is

at your own risk. Everything on the Website, the Purchase

Services, and the Products of Frame Chasers, are provided to

you on an "as is" and "as available" basis, without warranty or

condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors, third party content providers or

licensors of Frame Chasers (including any third party where the

Delivery Services are made available to you) make any express

or implied representation or warranty about its Content or any

products or Purchase Services (including the products or

Purchase Services of Frame Chasers) referred to on the

Website. This includes (but is not restricted to) loss or damage

you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption,

deletion, defect, failure to correct defects, delay in

operation or transmission, computer virus or other harmful

component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration

or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on

the Website, the Purchase Service, or any of its Content

related products (including third party material and

advertisements on the Website);

(c) costs incurred as a result of you using the Website, the

Purchase Services or any of the Products;

(d) the Content or operation in respect to links which are

provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising

from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct

of third parties or publication of any materials relating to or

constituting such conduct.

  1. Limitation of Liability

11.1. Frame Chasers's total liability arising out of or in connection with

the Purchase Services or these Terms, however arising,

including under contract, tort (including negligence), in equity,

under statute or otherwise, will not exceed the most recent

Purchase Price paid by you under these Terms or where you

have not paid the Purchase Price, then the total liability of Frame

Chasers is the resupply of information or Purchase Services to

you.

11.2. You expressly understand and agree that Frame Chasers, its

affiliates, employees, agents, contributors, third party content

providers and licensors shall not be liable to you for any direct,

indirect, incidental, special consequential or exemplary

damages which may be incurred by you, however caused and

under any theory of liability. This shall include, but is not limited

to, any loss of profit (whether incurred directly or indirectly), any

loss of goodwill or business reputation and any other intangible

loss.

11.3. Frame Chasers is not responsible or liable in any manner for any

site content (including the Content and Third Party Content)

posted on the Website or in connection with the Purchase

Services, whether posted or caused by users of the website of

Frame Chasers, by third parties or by any of the Purchase

Services offered by Frame Chasers.

11.4. You acknowledge that Frame Chasers does not provide the

Delivery Services to you and you agree that Frame Chasers will

not be liable to you for any special, indirect or consequential loss

or damage, loss of profit or opportunity, or damage to goodwill

arising out of or in connection with the Delivery Services.

  1. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or

by Frame Chasers as set out below.

12.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Frame Chasers via the

'Contact Us' link on our homepage.

(a) notifying Frame Chasers at any time; and

(b) closing your accounts for all of the Purchase Services

which you use, where Frame Chasers has made this

option available to you.

12.3. Frame Chasers may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to

breach any provision;

(b) Frame Chasers is required to do so by law;

(c) the partner with whom Frame Chasers offered the

Purchase Services to you has terminated its relationship

with Frame Chasers or ceased to offer the Purchase

Services to you;

(d) Frame Chasers is transitioning to no longer providing the

Purchase Services to Users in the country in which you

are resident or from which you use the service; or

(e) the provision of the Purchase Services to you by Frame

Chasers is, in the opinion of Frame Chasers, no longer

commercially viable.

12.4. Subject to local applicable laws, Frame Chasers reserves the

right to discontinue or cancel your membership to the Website at

any time and may suspend or deny, in its sole discretion, your

access to all or any portion of the Website or the Purchase

Services without notice if you breach any provision of the Terms

or any applicable law or if your conduct impacts Frame

Chasers's name or reputation or violates the rights of those of

another party.

12.5. When the Terms come to an end, all of the legal rights,

obligations and liabilities that you and Frame Chasers have

benefited from, been subject to (or which have accrued over time

whilst the Terms have been in force) or which are expressed to

continue indefinitely, shall be unaffected by this cessation, and

the provisions of this clause shall continue to apply to such

rights, obligations and liabilities indefinitely.

  1. Indemnity

13.1. You agree to indemnify Frame Chasers, its affiliates, employees,

agents, contributors, third party content providers and licensors

from and against:

(a) all actions, suits, claims, demands, liabilities, costs,

expenses, loss and damage (including legal fees on a full

indemnity basis) incurred, suffered or arising out of or in

connection with any Content you post through the

Website;

(b) any direct or indirect consequences of you accessing,

using or transacting on the Website or attempts to do so

and any breach by you or your agents of these Terms;

and/or

(c) any breach of the Terms.

  1. Dispute Resolution

14.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may

not commence any Tribunal or Court proceedings in relation to

the dispute, unless the following clauses have been complied

with (except where urgent interlocutory relief is sought).

14.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen

under the Terms, must give written notice to the other party

detailing the nature of the dispute, the desired outcome and the

action required to settle the Dispute.

14.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties

to the Terms ('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to

resolve the Dispute expeditiously by negotiation or such

other means upon which they may mutually agree;

(b) If for any reason whatsoever, 14 days after the date of the

Notice, the Dispute has not been resolved, the Parties

must either agree upon selection of a mediator or request

that an appropriate mediator be appointed by the

President of the Australian Mediation Association or his or

her nominee;

(c) The Parties are equally liable for the fees and reasonable

expenses of a mediator and the cost of the venue of the

mediation and without limiting the foregoing undertake to

pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must

each pay their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

14.4. Confidential

All communications concerning negotiations made by the

Parties arising out of and in connection with this dispute

resolution clause are confidential and to the extent possible,

Approved by

Signature: _________________________________________

must be treated as "without prejudice" negotiations for the

purpose of applicable laws of evidence.

14.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the

Dispute and the Dispute has not been resolved, either Party may

ask the mediator to terminate the mediation and the mediator

must do so.

  1. Venue and Jurisdiction

The Purchase Services offered by Frame Chasers is intended to be viewed by

residents of Australia. In the event of any dispute arising out of or in relation to

the Website, you agree that the exclusive venue for resolving any dispute shall

be in the courts of New South Wales, Australia.

  1. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any

dispute, controversy, proceeding or claim of whatever nature arising out of or in

any way relating to the Terms and the rights created hereby shall be governed,

interpreted and construed by, under and pursuant to the laws of New South

Wales, Australia, without reference to conflict of law principles, notwithstanding

mandatory rules. The validity of this governing law clause is not contested. The

Terms shall be binding to the benefit of the parties hereto and their successors

and assigns.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds

of inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed and the rest of the Terms shall

remain in force.