Terms & Conditions
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INTRODUCTION
1.1 Welcome to the Project P.A. website located at https://project.pa.com.au (“Website”) which is owned and operated by PROJECT P.A. (ABN 31998951699) (“Project P.A.”, “Us”, “We”, “Our”).
1.2 The Website makes available for purchase clothing, apparel and accessories (“Products”) which also includes made-to-order Products (“Made to Order”).
1.3 Please read these Terms of Use carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms of Use and our Privacy Policy located at https://project-pa.com/privacy-policy. These Terms of Use constitute a legally binding agreement between you and the Project P.A. (“Agreement”).
1.4 Project P.A. reserves the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Products available via the Website, without giving prior notice to its Users. It is your responsibility to check the Terms of Use each time you use the Website.
2. PRODUCTS
2.1 When you view a listing for a Product via the Website, the listing shall include the price of that Product (“Product Price”), a description of that Product and any other relevant information with respect to that Product.
2.2 Project P.A. will use its best efforts to maintain stock for its Products, however the Project P.A. makes no guarantee that any Products offered for sale via the Website shall be available.
2.3 Project P.A. reserves the right at any time to modify or discontinue its Products and/or to change the information contained on the Website at any time without providing notice to you.
2.4 You agree that any visual representation of a Products contained on the Website is provided for illustrative purposes only and may not be an exact representation of that Product. You agree that we are not responsible for your screen’s monitor display and cannot guarantee any accuracy as a result (e.g., colour of our Products).
3. ACCOUNT
3.1 You may create an account on the Website by completing the account sign up process either during Check Out or at any time while using the Website (“Account”). You are solely responsible for maintaining the confidentiality of your Account and your Account password.
4. ORDERS
4.1 Once you select a Product you wish to order, you may either proceed to checkout as a guest or by logging into your Account (“Order”).
4.2 In order to place the Order, you must complete the “Check Out” process whereby you must:
a) pay the Project P.A. the fees applicable to that Order, including but not limited to the Product Price and any shipping, transaction and/or other applicable charges which may apply to that Order (“Fees”);
b) where applicable, enter and confirm your contact and billing and shipping details; and
c) select your preferred delivery option.
4.3 Once you complete the Check Out process, you will receive a confirmation by email of your Order (“Order Confirmation”). This Order Confirmation is an acknowledgement of your Order and will not constitute the Project P.A.’s acceptance of your Order.
4.4 Should the Project P.A., in its sole discretion, accept your Order, the Project P.A. shall send you an email confirming that your Order has been dispatched, subject to Clause 6.1 (“Order Acceptance”).
5. PAYMENT
5.1 All Fees payable to the Project P.A. must be made via Stripe (via Wix) or PayPal. Project [MW6] P.A. is not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.
5.2 All Fees paid via Stripe (via Wix) or PayPal are subject to Terms and Conditions which can be read here: https://project-pa.com/terms-conditions
5.3 In the event that the Project P.A. does not receive payment of the Fees in full, the Project P.A. has the right, in its sole discretion, to cancel the Order.
6. DELIVERY
6.1 If the Project P.A. accepts an Order made by you and all Fees have been received in full by the Project P.A., the Order shall be dispatched for delivery in accordance with the shipping details provided by you at Check Out (“Delivery”).
6.2 If you make a Made to Order in conjunction with a Product that is in stock, we will not dispatch your order until all Products are ready and available.
6.3 If you wish to receive Products that are in stock prior to Made to Order Products, you must place a separate Order and Check Out for the in-stock Products separately.
6.4 Delivery is subject to the Project P.A.’s Delivery Policy located at https://project-pa.com/shipping-returns (“Delivery Policy”).
6.5 Project P.A. will use its reasonable efforts to meet the expected Delivery date, however, to the fullest extent permitted by law, the Project P.A. will not be liable for any loss or damage arising from any delayed Delivery and does not guarantee Delivery timeframes.
6.6 Upon Delivery to the nominated address, all risk in the Delivered Product(s) passes to you. For the avoidance of doubt, the Project P.A. shall not be liable to you for any loss, damage or destruction of any Product once that Product and has been Delivered.
7. CANCELLATIONS
7.1 Until such time that you receive an Order Acceptance:
a) you may make a request to the Project P.A. to cancel an Order, and the Project P.A. may, in its sole discretion, accept such request; or
b) the Project P.A. may, in its sole discretion, cancel an Order for any reason, including but not limited to the unavailability of a Product or errors on the Website.
7.2 If an Order is cancelled under this Clause 7, the Project P.A. will notify you and, if applicable, return any Fees paid by you via the original payment method used in Check Out. Project P.A. makes no guarantee that any Product with respect to a cancelled Order will be available at a later date.
8. REFUNDS & RETURNS
8.1 All refunds and returns are subject to the Project P.A.’s policy found here: https://project-pa.com/shipping-returns.
9. TERMINATION & SUSPENSION
9.1 If the Project P.A. determines that you are in breach of this Agreement, the Project P.A., in its sole discretion and without notice, has the right to limit access, suspend or terminate your Account and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating the Agreement, the Project P.A. will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
9.2 You have the right to terminate or suspend your Account via your Account’s page or by contacting the Project P.A..
9.3If your Account is terminated, suspended or otherwise limited, any Orders placed but not yet dispatched shall be cancelled.
9.4 The following sections of these Terms of Use will survive termination: Delivery; Refunds & Returns; Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by the Project P.A. or third parties that have authorised such use, including but not limited to all trade marks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Project P.A. Materials”).
10.2 All rights are reserved. Project P.A. Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of the Project P.A.
10.3 Project P.A. is the sole owner of all intellectual property in its Products and you must not copy, reproduce or adopt the designs embodied in any Products for any use, including but not limited to developing your own products or for any other purpose outside of this Agreement.
11. USER CONDUCT
11.1 As a User, you must not (and must not allow any third party to):
a) use the Website in any manner that could damage, disable, overburden, or impair the Website;
b) attempt to gain unauthorised access to any parts of the Website;
c) interfere or attempt to interfere with the proper working of the Website software;
d) use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from the Project P.A.;
e) analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or
f) transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.
11.2 Project P.A. reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Website.
12. USER WARRANTIES
12.1 AS A USER, YOU WARRANT TO THE PROJECT P.A. AS FOLLOWS:
a) THAT ALL DATA UPLOADED TO DUOPILLOW IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH THE PROJECT P.A.’S PRIVACY, DATA OR COMPUTER SYSTEMS;
b) IF YOU ARE USING DUOPILLOW OR AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A PROJECT P.A. OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND
c) TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), THE PROJECT P.A. WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF DUOPILLOW AND/OR ANY OF ITS PRODUCTS.
13. INDEMNITY
13.1 You indemnify the Project P.A. and its officers, directors, employees and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.
13.2 Should the Project P.A., in its sole discretion, determine that you have breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
14. NO WARRANTIES AND LIMITATION OF LIABILITY
14.1 To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an "as is" basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. Project P.A. does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Project P.A. Materials will be correct, accurate, timely or complete.
14.2 Project P.A. may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites.
14.3 To the fullest extent permitted by law (including the Australian Consumer Law), the Project P.A. has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Products, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to the Project P.A., the termination or suspension of the Account, and/or any modification or discontinuance of any Products.
15. ASSIGNMENT
15.1 You acknowledge that this Agreement is personal to it and you cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Project P.A.. Project P.A. reserves its right to assign the provisions of this Agreement at any time.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms of Use and the access and use of the Website shall be governed by and construed in accordance with the laws of Western Australia, Australia. By accessing and using the Website, you accept that any dispute under these Terms of Use or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Western Australian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.
16.2 You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.
17. ENTIRE AGREEMENT
17.1 This Agreement shall constitute the entire agreement and understanding between the you and the Project P.A. concerning the subject matter hereof and supersedes all prior agreements and understanding of you and the Project P.A. with respect thereto.
17.2 If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.