Welcome to the website of Upstage World Pty Limited (ABN 24 671 493 146) trading as Upstage World Pty Limited (“we”, “us” or “our”).  

Upstage is an Australian founded and owned direct-to-consumer retailer. we're more than just a retailer. We’re a community-first, Australian-founded lifestyle brand dedicated to helping you feel confident and ready to perform, whether you're hitting the stage or just living your best life. Our dance collection and backstage essentials are designed to support you in every step of your journey.

Our website located at www.upstage.world showcases our offering and includes all of the files located in that domain (hereafter referred to as the “Site”).

Our website, www.upstage.world, is your go-to place to explore our products. By using our Site, you're agreeing to our Terms and Conditions, so please take a moment to read through them. We want to ensure you have the best experience with Upstage, from browsing our collections to receiving your orders.

Thank you for choosing Upstage – we’re here to help you shine! 

1. Agreement to Terms and Conditions 

1.1. When you visit the Site and utilise the online eCommerce services provided herein, encompassing but not limited to: 

• accessing the website and/or registering an account with us;
• utilising the Site's functionalities and related software, networks, and procedures;
• buying one or more products from the Upstage World Store or as presented on the Site (hereafter referred to as the "Products"); and
• engaging in Upstage's marketing and promotional communications; (collectively, the "Services"), you consent to abide by these terms and conditions of use (hereafter referred to as the "Terms and Conditions").

1.2. Your utilisation of this Site is contingent upon these Terms and These Terms and Conditions constitute a legally binding agreement between you and us, and by continuing to use the Site, you acknowledge and accept these Terms and Conditions, our Privacy Policy, and any other policies displayed on the Site, all of which are integral components of these Terms and Conditions. If you do not agree to these Terms and Conditions, refrain from using the Site.

1.3. Each instance of visiting the Site or employing any of its features signifies your acceptance of these Terms and Conditions.

1.4. We reserve the right to amend or modify the Site, the Products, the Services, the Terms and Conditions, and/or the Privacy Policy at our discretion and at any Any alterations become effective immediately upon being published on the Site. Your continued use of the Site implies your ongoing acceptance of the modified Terms and Conditions.

1.5. If you are under 18 years old, you are not permitted to make purchases on this Site unless with the consent of a parent or guardian, who must read (and agree to) these Terms and Conditions and our Privacy Policy. By using this Site, you confirm that you are 18 years of age or If Upstage incurs any loss or damage due to a transaction involving a minor, we retain the right to seek compensation for such loss from the minor’s parents or guardians.

2. Definitions and Interpretation

2.1. The following definitions apply in these Terms and Conditions unless the context requires otherwise:

Afterpay: Refers to Afterpay Limited (ACN 618 280 648), an online third-party Payment Gateway facilitating Buy Now, Pay Later services.

Business Days: Denotes any day other than a Saturday, Sunday, or public holiday in the country where an Order is being delivered.

Buy Now, Pay Later: Represents any online service, including the service(s) employed by us periodically, enabling you to pay for purchased Products in instalments.

Claim: Encompasses any claim, complaint, demand, proceeding, suit, litigation, action, cause of action, or other legal recourse, whether arising in contract, tort, under statute, or otherwise.

Customer(s): Refers to any individual that purchases Products from us.

Order(s): Signifies any purchase made by a customer from Upstage, whether conducted in-store or online.

Payment Gateway: Refers to any online payment platform, including but not limited to Stripe or any other gateway selected by us from time to time.

Privacy Policy: Denotes our privacy policy accessible here.

Representative: Encompasses our directors, officers, contractors, employees, consultants, partners, advisors, or other affiliates.

Site: Signifies website located at www.upstage.world and the entirety or any portion of the web pages located at www.upstage.world, including the layout, individual design elements, underlying code, text, sounds, graphics, animations, or any other content.

Stripe: Represents Stripe, Inc., an online third-party Payment Gateway utilised for our billing purposes.

Upstage World Store: Represents our online store located at the Site.

Warranties: Encompass any warranties, conditions, terms, representations, statements, and promises of any nature, whether express or implied.

You or Your: Denotes any Customer, individual, corporation, partnership, trust, association, governmental agency, or their representatives, successors, permitted assigns, substitutes, executors, and administrators accessing or using the Site.

3. Restrictions on Use

 3.1. By accessing and/or utilising the Site, you agree to adhere to the following You must not:

• Use any device, routine, or software that disrupts, or attempts to disrupt, the proper functioning of this Site.
• Engage in any action that imposes, or may impose, an unreasonable or excessively large burden on our infrastructure.
• Utilise this Site to decrypt passwords or security encryption codes, transmit any worms, viruses, or Trojan horses, transfer or store illegal, threatening, or obscene material, or otherwise breach the security of any computer
• Employ this Site to contravene any applicable local, state, national, or international law, participate in any deceptive online marketing practices, or for any fraudulent or malicious purposes.
• Utilise any spider, robot, search/retrieval application, screen scraping, data mining, or similar data gathering device, process, program, or means to access, retrieve, or index any part of this
• Access, retrieve, or index any part of this Site for the purpose of constructing or populating any online searchable database or soliciting or sharing
• Disrupt the display of any advertisements appearing on or in connection with this Site.
• Reverse engineer, decompile, disassemble, adapt, modify, translate, frame, or reformat any material contained on this
• Reproduce, duplicate, copy, or store any material appearing on this Site other than for your personal and non-commercial use.
• Falsely imply any association of another website with this
• Engage in any activity that diminishes, or may diminish, the value of our intellectual property rights in this
• Use or exploit any material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise in competition with this Site.
• Disclose to the public any news release, advertising material, promotional material, or any other form of publicity or information relating to us without our prior written
• Transmit through this Site any information or material that is, or may reasonably be considered to be:
• Abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically, or otherwise objectionable or offensive in any
• Libellous, defamatory, pornographic, sexually explicit, unlawful, or
• Infringing upon or violating any copyright, trademark, patent, or other intellectual property or proprietary
• In breach of any duty of confidentiality, whether through fiduciary or contractual relationships.
• Violative of any person's privacy or publicity
• Misrepresentative of facts, including impersonating any person or entity or misrepresenting affiliation with any person or entity (including sponsorship or endorsement).
• In contravention of any applicable law, statute, ordinance, or regulation, or encouraging others to do so.
• Containing political campaign material, advertisements, or
• Likely to bring Upstage or any of its staff into

(hereafter collectively referred to as the “Prohibited Content”).

3.2. Without prejudice to any other provisions herein, if you submit User Content (defined below) that we determine constitutes Prohibited Conduct or violates the rules outlined in these Terms and Conditions, we reserve the right to take any legally available action that we deem appropriate, at our sole

Nonetheless, we may, at our discretion, take appropriate measures to restrict your access to the Site until the Prohibited Conduct is rectified or until you have complied with the rules to our satisfaction. Failure on your part to rectify any Prohibited Conduct or adhere to these Terms and Conditions may result in the removal of any of your User Content from the Site.

3.3.Without limiting any other remedies available to us under law or equity, we reserve the right, without prior notice:

to temporarily or permanently suspend your access to this Site or refuse to provide Services to you if:

• you violate any provision of these Terms and Conditions;
• we are unable to verify or authenticate any information provided by you; or
• we believe that your actions may cause damage and/or legal liability to us, our customers, suppliers, or any other party; and

3.4.You agree to indemnify and hold us and our officers, employees, agents, consultants, licensors, partners, and affiliates harmless from and against any loss, liabilities, costs, expenses, or damages (including actual, special, indirect, and consequential loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit, or otherwise make available through this Site;
• your use of, or connection to, this Site; or
• your negligence or misconduct, breach of these Terms and Conditions, or violation of any law or the rights of any person.

This indemnification obligation shall remain in effect even after the termination of the Terms and Conditions and any misuse of the Site.

4. Registration and Account Security Mandatory

4.1.We maintain the authority to limit access to certain sections of this Site exclusively to users with registered Specifically, this may involve preventing customers from placing Orders for our Products through our Site unless they have registered an account with us.

4.2.When registering on this Site, you may periodically need to create a username and password to access your account. It is your responsibility to safeguard your password for this Site. We disclaim any liability for any losses or damages resulting from your failure to comply with this security You agree that we can reasonably assume that any individual using this Site with your username and password is either you or your authorized representative.

4.3.You must promptly inform us of any known or suspected unauthorized use of your password or any other security breach.

4.4.To register an account on this Site, you must consent to these Terms and Conditions. Additionally, when required by us, you must provide: 

1. Your name and/or business/company name (including ABN/ACN, if applicable).
2. A valid email
3. Accurate billing and contact details (including delivery address or principal place of business, and the name and telephone number of your authorized billing contact and administrator).
4. Any other information requested by Upstage during the registration

4.5. You must promptly update the information outlined in clause 4 to ensure its accuracy at all times.

4.6. You confirm to us that all information provided, including details entered into your account profile, is truthful, not misleading, and does not violate any applicable laws, regulations, or the intellectual property rights of any We will not be held responsible or liable for any loss, claim or damage resulting from inaccurate, incomplete or misleading information that you provide while registering an account with us.

4.7.By accessing our Site, you warrant that your usage complies with all applicable

4.8.The Site may include links to external By accessing these external websites, you agree to abide by their terms and conditions and privacy policies. You acknowledge that we are not responsible for maintaining, content, or privacy practices associated with these external websites.

4.9.Customers should take precautions to ensure that their method of accessing the Site does not expose them to viruses, malicious code, or other forms of interference that may harm their As a strict security measure, we recommend logging out of your Account after each use to prevent unauthorized access. We hold no responsibility for any damage resulting from your use of this Site.

4.10.Each individual or entity is limited to one account on this The creation of accounts through "bots" or other automated means is strictly prohibited.

4.11.If you engage in fraudulent or illegal activity or inappropriate behaviour, we reserve the right to block your access to the Site and/or deactivate and delete your account.

5. Pricing and Payments

5.1. Payment for all Upstage Products is due in full at the time of purchase, unless the Customer opts to utilise one of the Buy Now, Pay Later Payment Gateways available on the Site.

5.2. The prices displayed on our Site are denoted in Australian Dollars (AUD) and include GST.

5.3. We retain the discretion to adjust or vary the prices of any Products listed on our Site or showcased in our stores periodically. We reserve the right to refuse an Order if we inadvertently advertise an inaccurate price for any Products.

5.4. Once an Order has been submitted online through our Site and subsequently accepted by us, the terms of this purchase (including pricing) cannot be altered unless we and you mutually agree to do so in writing.

5.5.The prices listed on our Site do not include delivery costs, which may fluctuate periodically in accordance with our shipping charges.

5.6.We accept various payment methods, including Visa, MasterCard, American Express, Apple Pay, Shop Please be aware that there may be instances where we decline certain credit cards issued by banks outside of Australia. Additionally, Upstage reserves the right, at its discretion, to apply additional transaction fees for credit card payments.

5.7.Our Products are available for purchase on the Site from Customers within Australia. We do not sell or ship our Products to Customers outside Australia.

5.8.We reserve the right to change our payment methods at any time. We also retain the right to withdraw the Buy Now, Pay Later option at any time.

 5.9.We do not offer any gift cards.

5.10.Payments processed via any Payment Gateway are subject to the terms and conditions and privacy policy of the respective Payment Gateway, in addition to these Terms and Conditions.

5.11.Payments for online Orders are usually processed immediately, and you will receive a notification from us confirming that your Order has been confirmed.

5.12.We do not have visibility into or access to any personal information provided to the Payment Gateway, except for details required to process your order (e.g., name, email address, billing address).

5.13.We do not assume responsibility for any errors made by the Payment By providing your credit card details, you confirm your authorisation to use the payment method and authorise us, via the Payment Gateway, to charge your payment method for the total order amount.

5.14.While our Payment Gateway and Site hosting providers utilise secure technology for customer transactions, we disclaim liability for damages, including consequential loss (whether direct or indirect), resulting from fraudulent or unauthorised use of a customer's credit card, email address, or bank account information by any entity other than us.

 6. Orders

6.1.To place an online Order, simply follow the instructions provided on the

6.2.By placing an order via this Site, you are making an irrevocable offer to purchase the Services you have selected, in accordance with these Terms and

6.3.Information presented on this Site serves as an invitation to None of the information on this Site constitutes an offer from us to provide any Services to you. However, we will make every effort to fulfil your selected Products.

 6.4.Your Order will be deemed accepted when we notify you in writing, typically via email, that your Order has been

6.5.Upstage reserves the right, at our discretion, to:

• Cancel all or part of your Order at any time before acceptance in accordance with these Terms and Conditions; and
• Refuse to provide Products, terminate your Site access, or edit Site content at any time.

6.6.We primarily communicate with Customers via email. Therefore, Customers are responsible for ensuring accurate contact details when placing an Order and regularly checking the provided email address for Providing a mobile phone number is preferable to facilitate delivery.

6.7.We may decline or cancel an online Order before Product

6.8.If we cancel an online Order before dispatch, any payments made will be fully refunded, with confirmation sent via

6.9.We will indicate when a Product is out of stock on the Customers can opt to receive email notifications when Products are restocked. We reserve the right to remove Products from the Site at any time at our discretion.

6.10.Upstage is not liable for declined or disrupted online Orders due to poor internet connection or circumstances beyond our In such cases, we are entitled to a reasonable extension to fulfill any uncompleted obligations.

 7. Delivery

7.1.All Products are dispatched from our warehouse in Homebush, NSW, Australia, and are available for domestic (within Australia)

7.2.Upstage commits to making every effort to ensure Orders are delivered promptly. However, external factors may occasionally cause shipping We do not assume liability for any loss or damage resulting from such delays.

7.3.Shipping costs may vary depending on:

• the delivery location (domestic, rural, metropolitan, );
• the chosen delivery option (express, standard, same-day, ) and will be applied at the time of checkout.

7.4.The dispatch date indicated on the Site at the time of Order placement is an estimated timeframe and is subject to change.

7.5.Orders placed before 10:00 am AEDT (Monday to Friday) are dispatched on the same day, with an additional 2-3 business days during peak periods.

7.6.Orders placed after 10:00 am AEDT (Monday to Friday) are dispatched the following business day, with an additional 2-3 business days during peak

7.7.Upon Order receipt, you will receive an email notification. Additionally, we will send you dispatch notification and tracking For more precise domestic delivery estimates, we recommend using the Australia Post Calculator.

7.8.For orders to Western Australia, we suggest opting for Express Shipping to prevent For the latest Australia Post shipping times to Western Australia, please refer to the Australia Post Domestic Delivery Times page.

3- hour delivery

7.9.We do offer 3-hour delivery for select postcodes in Sydney, Melbourne and Brisbane. If your postcode is eligible, you'll see this option during checkout.

7.10.Orders must be placed before 1:00 pm AEST to qualify for 3-hour delivery. This expedited service is accessible for specific postcodes in Sydney, Melbourne, and Brisbane.

7.11.Delivery occurs within a 3-hour timeframe starting from 12 pm AEST. Please note that 3-hour delivery is not operational on public holidays or weekends.

7.12.Prices for this service are contingent upon your postcode, which will be calculated during checkout. Ensure someone is available to receive the order, as we cannot leave it unattended or at a parcel locker box. Additional charges may apply for redelivery.

Same day delivery

7.13.Same-day delivery is offered for select postcodes in Sydney, Melbourne, and Brisbane. If this option is available for your postcode, it will appear at checkout.

7.14.To qualify for Same-Day Delivery, Orders must be placed on the Site before 11:00 am AEST from Monday to Friday, with delivery to the Customer's designated location by 6:00 pm on the same Same-Day Delivery is not offered on weekends or public holidays. Please ensure someone is available to receive the order, as we cannot leave it unattended or at a parcel locker box. Additional charges may apply for redelivery.

8. Returns, Exchanges, and Cancellation

Change of mind – Exchanges only

8.1.We offer a one-time exchange for change of mind on full-priced items. To avail the one-time exchange offer, you must return the Products within fourteen (14) days of purchase. The Products must not show signs of use and must be returned to us in their original condition, with all tags intact, unwashed, and Australian Orders can be exchanged via our Local Returns Portal. If you do not comply with our conditions or if the products have been used, then we reserve the right to refuse an exchange. We do not offer any refunds for change of mind.

8.2.Postage costs for returning the Products to us for change of mind are not covered by You will bear the costs of returning the Products to us. For further assistance, please contact us via email at hello@upstage.world.

 Faulty or defective products

8.3.If you're returning an Order due to a defective or faulty Product, or because we failed to meet a consumer guarantee as per relevant statutes, you can either ask for a refund or replacement of the same type of Product. Please email our Customer Care team at hello@upstage.world with images, a description of the defect or fault and a proof of purchase. We will then provide instructions for returning the faulty Product/s. If possible, please return the Products in its original packaging to our headquarters.

8.4.You are responsible for retuning the Products to us and for keeping receipts for postage so that we can repay you if the Products are faulty or defective. If the Products are not faulty or defective, we can ask you to pay the collection or inspection costs.

8.5.Please be aware that due to the rapid turnover of items, we cannot guarantee the availability of the Product you request for replacement at the time your replacement request is received and processed.

Products purchased during promotion or at discounted price

8.6.Products purchased during a promotion or at a discounted price are considered final sale and cannot be refunded or exchanged for change of mind. Except as outlined in subclause 3, no refunds or exchanges will be granted for discounted Products or Products sold during a promotion unless they are found to be defective, faulty, or fail to meet consumer guarantees.

8.7.If you experience an allergic reaction while using our Products, then please write to us at hello@upstage.world. In your email, please provide a detailed description of the reaction along with any relevant images. We will revert to you within 72 hours of receiving your email.

9. GST

9.1.Unless explicitly stated otherwise, all amounts payable through your use of this Site are inclusive of Here, "GST" holds the definition provided in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

 10. Intellectual Property

 10.1.In these Terms and Conditions, "Proprietary Content" refers to: 

1. This Site;
2. All its content, including text, graphics, designs, software, data, sound and video files, and other information contained in this Site or any marketing material belonging to us, and the arrangement thereof;
3. All software, systems, and other information owned or used by Upstage in connection with the Services offered through this Site, whether hosted on the same server as this Site or otherwise.

10.2.All Proprietary Content is our property or of our licensors, as applicable, and is protected by Australian and international copyright Except as expressly authorised by these Terms and Conditions or with our prior written consent or that of other copyright owner, you must not reproduce, transmit, republish, or prepare derivative works from any of the Proprietary Content, subject to the provisions of the Copyright Act 1968 (Australia).

10.3.By accessing the Site, we grant you a revocable, non-exclusive, non-sublicensable and non-transferrable licence to view and access the Site from your location for personal and non-commercial use.

10.4.You may download and print content from this Site only for your personal and non-commercial use, provided you do not remove, modify, reproduce, adapt, display, or distribute any copyright, trademark, or other proprietary

10.5.Upstage World, Upstage and the U logo are our trade marks. You do not have any rights, either express or implied, in these trade marks. You must not utilise, copy or imitate, either in full or in part, these trade mark without our prior written consent.

10.6.The visual appearance of this Site, including all button icons, scripts, custom graphics, and headers, constitutes the trade marks, service marks, and/or trade dress of ours. These trade marks, service marks, and trade dress must not be utilised, copied, or imitated, either in full or in part, without our prior written consent or that of the respective third-party

11. User Content

11.1."User Content" in these Terms and Conditions refers to any content submitted, posted, or otherwise contributed to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings, and feedback.

This Site may feature functionalities allowing users to upload User Content. We retain the right to display, refuse to display, remove, and/or modify all or any portion of any User Content at its sole discretion. By uploading any User Content, you:

1. Confirm and warrant to us that your sharing of such User Content does not infringe upon any copyright or other legal right of any other individual; and
2. Grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to utilise, reproduce, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, and otherwise exploit all or any portion of such User Content in any manner at our sole

12. Reporting Intellectual Property Infringement

12.1.If you believe that our Site contains material that infringes upon any copyright you hold or control, or if you believe users are directed to a third-party website via a link on this Site that infringes upon any copyright you hold or control, you can notify us of such alleged infringement in writing at info@upstage.world. Your notification should identify the works allegedly being infringed upon, the allegedly infringing material, and provide details of the alleged.

12.2.Upon receiving such notification, we will provide a written notice of the claim of copyright infringement to the provider of the allegedly infringing If the provider of that material does not respond to us in writing within 14 days, denying the alleged infringement, we will promptly remove or block the allegedly infringing material.

12.3.If the provider responds to us in writing denying the alleged infringement, we will promptly send a copy of that response to the original notifying If the original notifying party does not file a legal action seeking a court order against the provider of the allegedly infringing material within a further 14 days, we may, at our discretion, restore any removed or blocked material. However, if the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

13. Photography and Videography

13.1.If you upload any photographs or videos on our Site, you grant us a royalty-free, world-wide, sublicensable and transferrable licence to use them for our marketing and advertising purposes. We will not compensate or you for any use of the photographs or videos for our marketing and advertising purposes.

14. Promotions

14.1.Certain campaigns, promotions, or contests may have additional terms and To participate, you must agree to the specific terms and conditions for that campaign, promotion, or contest. If there is any inconsistency between those terms and conditions and these Terms and Conditions, the former will prevail.

14.2.Discounts and offers provided by Upstage can be used to purchase Products according to these Terms and Conditions or as directed on our Site.

15. Sales - Shipping, Delivery and Returns

15.1.Items purchased during a sale period are considered final Except as outlined in subclause 8.4, no refunds or exchanges will be granted for discounted Products unless they are found to be defective, faulty, or fail to meet consumer guarantees.

15.2.During our sale period, orders may experience delays due to high order We apologize for any inconvenience this may cause. Please allow an additional 5-7 business days for orders to be dispatched. Once dispatched, shipping delivery typically takes approximately 3-7 business days, with longer delivery times for areas outside the metropolitan area.

15.3.Please note that Express or Same Day Shipping will not be available during the sale Shipping costs will be applied at checkout.

16. Pre-orders

16.1.From time to time, certain Products may be available for pre-order through our Site and these will be made delivered within 4 to 6 weeks.

16.2.You cannot cancel your pre-order due to a change of mind; however, you will be able to cancel your pre-order if 4 weeks have lapsed and the Product has not been shipped to you.

17.Social Media General Disclaimer

17.1. You understand and acknowledge that the information provided on our Site and our social media channels, including but not limited to Instagram, Facebook, Twitter, LinkedIn, Pinterest, YouTube, or TikTok, is for general informational purposes While we strive to maintain accurate and up-to-date information, we make no express or implied representations or warranties regarding the accuracy or completeness of the information on our Site and other related social media channels. 

18. Limitation of Liability

18.1 We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to the use of the Site, even if advised of the possibility of such damages.

19. Third-Party Websites

19.1.We may from time-to-time upload links to third party websites on the Site. These third-party websites are outside our control, and we do not have any influence over them. If you choose to follow these links, then you will be doing so at your own risk. We will, under no circumstances, be liable for any loss, damage or claims that you may suffer by following the third-party links.

19.2.We do not endorse or guarantee the accuracy of any information found on third-party websites or social media channels accessed through our Site. These platforms are beyond our control, and we do not monitor their It is your responsibility to ensure that any third-party website or social media platform you access from our Site is free from harmful elements like viruses or malware.

20. Disclaimer

20.1.You acknowledge and agree that, to the extent permissible at law this Site and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind. To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this Site, or any other linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Site.

20.2.We also exclude liability in respect of mistakes or inaccuracies on the Site, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Site by a third party or any interruption or cessation of transmission from our Site.

21. Availability of the Site

21.1.From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

22. Events which are out of our control

22.1.We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

23. Severability

23.1.Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions.

24. General provisions

24.1.If we do not take any action with respect to any breach by you or others of these Terms and Conditions, this does not waive our rights to take action with respect to subsequent or similar breaches.

24.2.In the event that we merge, sell or otherwise change control of our business or this Site, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.

25. Variations

25.1.We may vary these Terms and Conditions by giving you written notice at any time or updating it on our Site.

25.2.Such changes will be effective immediately unless otherwise stated. Your continued use of this Site signifies your acceptance of those amendments.

25.3.We also reserve the right, without notice and at our sole discretion, to modify, suspend, discontinue, or impose limits on any aspect or content of this Site or the services offered through it.

26. General Provisions

26.1.If we do not take any action with respect to any breach by you or others of these Terms and Conditions, this does not waive our rights to take action with respect to subsequent or similar breaches.

26.2.In the event that we merge, sell or otherwise change control of our business or this Site, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.

26.3.These Terms and Conditions shall not be construed adversely against us solely because we prepared them.

27. Interpretation

27.1.In these Terms and Conditions, the following rules of interpretation shall apply:

1. Headings are for reference purposes only and do not define, limit, or describe the scope or extent of any provision in these Terms and Conditions.
2. The singular includes the plural and vice
3. A reference to a "person" includes an individual, firm, corporation, body corporate, partnership, unincorporated body, association, government body, or any other
4. The meaning of general words is not limited by specific examples introduced by "including," "for example," "in particular," or similar

 28. Email

28.1.You acknowledge that you are responsible for ensuring that emails sent by us are not filtered into your junk or spam folders, and we shall not be held liable for any loss of communication resulting from such filtration.

28.2.You have the option to stop receiving communications and/or emails from us by unsubscribing from our email communications at any time. 

29. Title and Risk

29.1.Title in the Products will be transferred to you upon full payment for the Products.

29.2.Risk in the Products will be transferred to you upon delivery of the Products.

30. Assignment

30.1.You are prohibited from assigning, transferring, or subcontracting any of your rights or obligations under these Terms and Conditions without our prior written consent. Your registration with this Site is personal and may not be sold or transferred to any other

30.2.We reserve the right to assign, transfer, or subcontract any of our rights or obligations under these Terms and Conditions or any other policy on our Site at any time without providing notice to

31. Dispute Resolution

31.1.to make a good-faith attempt to resolve any disputes arising from these Terms and Conditions;

• to make a good-faith attempt to resolve any disputes arising from these Terms and Conditions;
• any agreement reached between you and us must be documented in writing and will be binding;
• if a dispute cannot be informally resolved between the parties within ten (10) business days, they must attempt to agree on the procedural rules and timetable for resolving the dispute through mediation; and
• mediation will be conducted by a mediator agreed upon by the

31.2.If a dispute arising from the use of this Site or these Terms and Conditions cannot be resolved, the Parties agree to submit to the jurisdiction of the Courts of New South Wales and its appellate courts.

32. Governing Law and Jurisdiction

32.1.These Terms and Conditions will be governed by the laws of New South The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.