Chasing Sunrises is provided "as is". Chasing Sunrises are not responsible for any loss or inconvenience suffered in connection with use of the Chasing Sunrises website or its content. Be careful before relying on anything said on the Chasing Sunrises website including any blog or forum attached to the site or linked to the site. Exercise common sense, make your own inquiries and seek expert advice on all matters relating to financial or investment decisions affecting you or your business. For full disclaimer see link.
Terms of Access to the Website
This Website (referred to in these Terms of Access as the "Website") is owned and operated by Tighe & Associates Pty Ltd and Stephen Tighe trading as CHASING SUNRISES(together "the Owner") on the World Wide Web ("WWW").
The material on the Website is copyright © 2011 Stephen Tighe and/or Tighe & Associates Pty Ltd and/or other copyright owners.
The Website is available for you to:
(a) Access, but such access is conditional on your acceptance without alteration of the Terms of Access. By continuing to access the Website (even just for browsing) you are agreeing to the Terms of Access set out in Part 1 of the Terms of Access.
(b) Provide information about your opinions, product or service conditional on your acceptance without alteration of the Terms of Access and Use. By continuing to provide information about your opinion, product or service you are agreeing to the Terms of Access and Use in Part 2 of the Terms of Access and Use.
Part 1 - Accessing, searching for and viewing material on this Website
A. Except for the limited use set out in paragraph B following, you may not use the Website, or the material contained on it, for any purpose. This means you agree not to engage in any of the following:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) "framing" the material on the Website with other material on any other WWWsite.
B. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
C. If you are under the age of 18 years you should seekyour parents' permission before accessing the services. Be aware that postings may contain content which is not appropriate for people under eighteen (18) years of age.
D. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
E. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media, without the prior written consent of the Owner.
Links to other Websites
F. The Website may contain links to sites on the WWWowned and operated by third parties and which are not under the control of the Owner.
G. In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement
by the Owner of the linked site; and
(b) is not responsible for the material contained on those linked sites.
H. The Owner may make the Website available for others to publish information without assuming a duty of care to users. The Owner is not providing professional advice through the Website and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
I. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information or opinion contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
J. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
K. The Owner does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWWare free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
L. The Owner is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) any defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
M. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
N. The Disclaimers set out above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Use of information gathered
O. The Owner and/or people authorised by it may gather and process the information:
(a) which you may provide when accessing or using the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
P. By logging onto the Website, using the services offered by the Website (including making purchasing, submitting any postings and personal details to receive services from Chasing Sunrises and/or Stephen Tighe), emailing Chasing Sunrises, or logging onto any Discussion Forum on the Website, you will be supplying Chasing Sunrises with "personal information". The Owner collects this information to administer and help you use the services and the Website and to keep in touch with you.
Q. The Website may provide a Discussion Forum for users to discuss issues relevant to the Website.
R. If you make postings which are in breach of these terms or the law, Chasing Sunrises may choose to pass your details and IP address on to an aggrieved person, or a law enforcement agency.
Alteration of Terms of Access
S. The Owner reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
T. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
U. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, Australiawithout giving effect to any principles of conflicts of laws.
V. You agree to the jurisdiction of the courts of New South Walesto determine any dispute arising out of this Agreement.
Part 2 -- Terms and conditions for the making of postings to the Website or otherwise providing information to the Website about your opinion, product or service
A. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) such material will not:
(i) contain racist, sexist or homophobic comments;
(ii) harass or 'stalk' any person;
(iii) disrupt users' enjoyment of the services;
(v) be made under another person's name or impersonating another person;
(vi) contain commercial advertising;
(vii) contain excessively coarse language or content which would be rated R, RC or X by the Australian Classification Board (for more information please see the Office of Film and Literature Classification web site at www.oflc.gov.au);or
(viii) discuss how to commit illegal activities
(e) the material and/or information is not the "passing off" of any product or service and does not constitute unfair competition;
(f) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(g) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
Licence to use intellectual property
C. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the "intellectual property") on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.
Removal of information
D. Further to Part 2 paragraphs B and C above, in relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
Limit of liability
E. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.
F. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this paragraph F referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
G. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
H. This Agreement will be governed by and interpreted in accordance with the law of the New South Wales without giving effect to any principles of conflicts of laws.
I. You agree to the jurisdiction of the courts of the New South Walesto determine any dispute arising out of this Agreement.
Alteration of Terms of Access
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
All t-shirt orders placed via our online store will attract a delivery fee. Rates for both Australian and International delivery locations are listed below. All figures are in AUD (Australian Dollar currency). The rates listed below will be applied unless otherwise stated.
All deliveries will need to be signed for. Please note that deliveries to PO Boxes are not accepted.
$10.00 per order (a maximum of 3 t-shirts can be delivered for this price, further t-shirts will incur a higher delivery fee) for all locations within Australia and it’s territories.
Please allow up to 5 working days for delivery.
All deliveries will be sent via Air Mail, depending on the size of the order.
$20 per order (a maximum of 3 t-shirts can be delivered for this price, further t-shirts will incur a higher delivery fee).
Please allow 7-14 days for delivery for most locations.
Please note – it is the customer’s responsibility to pay any applicable taxes (GST, VAT etc.), customs duties or any other fees or charges that may be associated with an international delivery of this type. Please check with your local customs office for up to date information.
The return/exchange of items purchased via the online store will only be processed for damaged items or products received in error. Please select your items carefully.
For any questions relating to Shipping & Delivery, please contact us: email@example.com
We take pride in offering you Australian made t-shirts that are certified organic cotton and guaranteed sweatshop free.
Clickwrap licence agreement and terms of payment
This Purchase and Licence Agreement is made between you and Tighe & Associates Pty Ltd [ABN 46 117 917 790] ("the Licensor"). By clicking on the "I agree" button you are indicating your acceptance of and consent to the terms and conditions of this Licence Agreement and terms of payment and agree to be legally bound by it.
1. Definitions and interpretation
‘Commencement Date’ means the date on which you make the on-line purchase of a Chasing Sunrises/Tighe & Associates Pty Ltd Product or Service or download the Product or Service, whichever is the earlier.
‘Confidential Information’ means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement, and
(b) information developed independently by a party.
‘Documentation’ means any and all proprietary documentation made available to you by the Licensor for use with the Product or Service, including any documentation available online.
‘Fees’ means those amount referred to or otherwise disclosed to you through the Licensor's website, located at url address www.chasingsunrises.com.au ("the Website").
‘Force Majeure Event’ means any event beyond the control of the relevant party.
‘GST’ has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any other similar tax.
‘Intellectual Property Rights’ means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
‘Licensor' means Stephen Tighe and Tighe & Associates Pty Limited jointly and severally.
‘Moral Rights’ has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
‘Product or Service’ means the article, written advice, document, report or other associated product owned by the Licensor and downloaded by you or delivered to you by the Licensor pursuant to this Agreement.
Unless the context requires otherwise:
(a) a reference to a person includes a corporation or any other legal entity;
(b) the singular includes the plural and vice versa;
(c) headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
(d) the term "includes" (or any similar term) means "includes without limitation"; and
(e) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.
2. Grant of Licence
2.1 The Licensor grants you a personal, non-exclusive, world-wide, non-transferable, perpetual licence to use the Product or Service and any associated Documentation, subject to and in accordance with the terms and conditions set out in this Agreement.
2.2 You must not:
(a) use the Product or Servicefor any purpose or in any manner other than as set out in clause 2.1;
(b) use the Product or Servicein any way that could damage the reputation of the Licensor or the goodwill or other rights associated with the Product or Service;
(c) permit any third party to use the Product or Service;
(d) reproduce, make error corrections to or otherwise modify or adapt the Product or Serviceor associated Documentation or create any derivative works based upon the Product or Service or associated Documentation;
(e) de-compile, disassemble or otherwise reverse engineer the Product or Service or permit any third party to do so;
(f) modify or remove any copyright or proprietary notices on the Product or Service or associated documentation;
(g) use the Product or Service or the Website to:
(i) disseminate, store or transmit unsolicited messages or unsolicited commercial email, viruses, 'trojan horses' or any other malicious code or program;
(ii) disseminate or transmit material that to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(iii)disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark or other Intellectual Property Rights of any person including the Licensor.
3. Intellectual Property Rights
3.1 Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
3.2 You acknowledge that the Licensor owns all Intellectual Property Rights in the Product or Service.
3.3 You must not directly or indirectly do anything that would or might invalidate or put in dispute the Licensor's title in the Product or Service or any of the Licensor's registered or unregistered trade marks (Trade Marks).
3.4 You must comply with the Licensor's reasonable usage guidelines and directions with respect to the Product or Service and the Trade Marks as notified to you from time to time.
4.1 You must pay the Licensor the Payment Fees.
4.2 All Fees, taxes and other charges (including the GST) shall be billed to your credit card or Paypal account (as the case may be) and at the current international currency conversion rate. You shall promptly pay the Licensor in the event of any refusal or denial or your credit card issuer or Paypal to pay any amount to the Licensor for any reason.
5.1 In respect of any taxable supply, you must pay to the Licensor an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Fees, subject to the receipt by you of a valid tax invoice.
6.1 You must permit the Licensor (or its nominated auditor) to audit the records (however held or stored) and premises of you at any time during the Term and for 3 years following the end of the Term, on at least 5 days written notice, for the purpose of confirming your compliance with this Agreement.
7.1 You must not, without the prior written consent of the Licensor, use or disclose the Licensor's Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
7.2 You may:
(a) use the Licensor's Confidential Information solely for the purposes of complying with its obligations and exercising your rights under this Agreement; and
(b) disclose the Confidential Information to your personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
7.3 Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's Confidential Information whilst it is in the receiving party's possession or control.
7.4 You must return, or at the Licensor's option destroy, all Confidential Information of the Licensor in your possession or control, on the earlier of the Licensor's request or on termination of this Agreement for any reason.
8.1 To the full extent permitted by law, the Licensor excludes all liability in respect of loss, damage, loss of data, interruption of business or any consequential or incidental damages.
8.2 To the full extent permitted by law, the Licensor excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
8.3 You agree to indemnify, hold harmless and defend the Licensor, its shareholders, directors, officers, employees and agents from and against any cause, action, claim, damage, debt, demand or liability, including reasonable legal costs and fees, asserted by any person arising out if or relating to (a) this Agreement; (b) Your use of the Product or Service or the Website, including any data or work transmitted or received by you; and (c) any unacceptable use of the Product or Service or the Website including without limitation any statement, data or content made transmitted or republished by you which is prohibited under this Agreement.
8.4 The Licensor's total aggregate liability for all claims relating to this Agreement is limited to the Fees payable under this Agreement.
8.5 The Licensor's liability (if any) for any claim relating to this Agreement will be reduced to the extent to which you contributed to the damage arising from the claim.
8.6 This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, the Licensor limits its liability in respect of any claim to, at the Licensor's option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.1 You represent and warrant to the Licensor that: (a) you are over the age of 18 years and have the power, capacity and authority to enter into and perform your obligations under this Agreement; (b) all information provided to you to the Licensor is truthful, accurate and complete, including your name, address and telephone number; (c) your are authorized signatory of the credit card, charge card or owner of the Paypal account provided to the Licensor to pay the Fees; (d) you shall comply with all terms and conditions of this Agreement.
9.2 The Product or Service and the Website are provided "as is" without warranty of any kind, express or implied. Use of the Product or Service and Website is at your sole risk. The Licensor does not warrant that the Product or Service or the Website will be error free, nor does the Licensor make nay warranty as to any results that may be obtained by the use of the Product or Service.
10.1 A party may terminate this Agreement by written notice to the other if any of the following events has occurred in respect of the other party:
(a) a material breach of this Agreement which is not remediable or if capable of remedy, where the other party fails to remedy within 14 days of written notice;
(b) an insolvency event occurs, other than an internal reconstruction with notice to the other party.
11. Consequences of Termination
11.1 If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:
(a) the parties are immediately released from their obligations under the Agreement except those obligations in clauses 6, 7, 8 and 11, and any other obligations that, by their nature, survive termination;
(b) the Licensor retains the claims it has against the other;
(c) your right to use the Product or Serviceand the associated documentation and the Trade Marks immediately ceases and the licences granted under this Agreement terminate; and
(d) you must immediately remove all Product or Serviceand Trade Marks from your computer and your possession.
12.1 You must not assign, sublicense or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of the Licensor.
12.2 Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.
12.3 If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
12.4 You must at do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
12.5 This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
12.6 The Licensor shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by delivering such amended terms to you by email at the address provided to the Licensor by you. Your use of the product or Service or the Website after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
12.7 A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.
12.8 A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.
12.9 Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party's performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.
12.10 All stamp duties and other government charges in relation to this Agreement must be paid by you.
12.11 This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia and each party submits to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.