TERMS AND CONDITIONS


EFFECTIVE DATE
: 30/06/2018

The “website” https://www.froffa.com.au is operated by FROFFA (ABN 55 774 431 676). Throughout the site, the terms “we”, “us” and “our” refer to FROFFA. FROFFA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These Terms and Conditions are to be read in conjunction with our Privacy Policy and should be read thoroughly before using our website.

1. ONLINE STORE TERMS

1.1 If you access or use our website you are agreeing to these Terms of Service and that you are over the age of 18 years and have the right, legal capacity and authority to enter into a legally binding agreement and to abide by these terms and conditions.

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.3 You must not transmit any worms or viruses or any code of a destructive nature.

1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

2.1 We reserve the right to refuse service to anyone for any reason at any time.

2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. GENERAL CONDITIONS OF SALE

The following “Conditions of Sale” shall apply to any product sold on this website. These “Conditions of Sale” constitute a complete and exclusive statement of the agreement and understanding between you and us with respect to the subject matter hereof.

3.1 The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

3.2 The products available on the website for sale under these “Conditions of Sale” are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order, you are verifying to us that you are able to make a legally binding contract.

3.3 Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these “Conditions of Sale”.

3.4 These “Conditions of Sale” may change from time to time and you are required within reason to revisit these before placing your order to ensure that these “Conditions of Sale” have not changed.

3.5 We reserve the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with us comes into existence when we forward you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.

3.6 This contract shall be governed by and construed in accordance with the law in effect in the State of Queensland, Australia and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Queensland, Australia in relation to any dispute between them. Our website is accessible throughout Australia and overseas, however we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. Accessing this website from outside Australia is done at your own risk and you are responsible for guaranteeing compliance with all laws in the place where you are located. This clause survives termination of these terms and conditions.

3.7 We shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and us shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. You agree that we will not be held liable for any delay or failure in performance of any part of our services to you.

3.8 While we do everything, we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

3.9 For more detailed information please view our Shipping policy.

3.10 Nothing in these “Conditions of Sale” is intended to exclude, restrict or modify any statutory obligation of us implied by the Goods Act, 1958.

4. PROMOTIONS

4.1 Promotions, discounts and promotional coupon codes (collectively “Promotions”) are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

4.2 One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited.

4.3 Promotions cannot be combined with other promotions.

4.4 Promotions do not apply to Gift Cards, Store Credit, shipping, GST or duties or similar services.

4.5 Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

4.6 For promotions requiring a minimum order size, charges for shipping, Store Credits and credits from Gift Cards do not count towards the minimum order size requirement.

4.7 If you return an item that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.

4.8 Promotional items are available only while supplies last. We do not issue rain checks for items that are deemed to be out of stock’.

4.9 We reserve the right in our sole discretion to extend or terminate a Promotion at any time.

4.10 All promotional spend levels and discounts are in Australian Dollars (AUD).

5. STUDENT DISCOUNT (UNiDAYS)

5.1 Customers that are registered and verified with UNiDAYS ® (“UNiDAYS”) are eligible for a student discount all year round on purchases made online through our website https://www.froffa.com.au.

5.2 The student discount may be redeemed by using the promotion code provided by UNiDAYS by entering it into the “Promo Code” box at checkout.

5.3 Students are required to register with UNiDAYS to generate a unique promotion code, each unique promotion code can only be used once.

5.4 The student discount cannot be used in conjunction with Gift Cards, any other offers or promotion code, unless specified in that offer or promotion codes.

5.5 The discount amount will vary, depending on what promotions are running at the time and is only valid on full price merchandise. Please visit the UNiDAYS website https://www.myunidays.com/AU/en-AU for further information.

6. GIFT CARDS AND STORE CREDIT

6.1 “Gift Cards” and “Store Credit” are used interchangeably on our Website and are valid for a period of 12 months from the date of purchase or issue.

6.2 Gift Cards can be purchased to pay for products on our Website, excluding the purchase of other Gift Cards. Gift Cards are electronic gift cards and may be emailed to you or your nominated recipient. We are also unable to replace lost or stolen Gift Cards so the use and safety of your Gift Cards is your responsibility and we assume no liability for any loss of damage resulting from unauthorised use of a Gift Card. 

6.3 Suspicious or other types of illegal activities detected in connection with your FROFFA account, which relates to Gift Cards, Store Credit and/or the redemption of these items may lead to the closure of your account and/or requesting the use of a different payment method.

6.4 After using a Gift Card or Store Credit towards a purchase, where the value was less than the Gift Card or Store Credit, the remaining balance will be applied to your account. The residual balance cannot be redeemed for cash or any other type of currency and does not accrue interest.

6.5 Gift Cards and Store Credit can be used as a partial payment towards a purchase with the difference made up by other payment means. In the event a Gift Card or Store Credit was used on a purchase that has been returned or cancelled the value of the Gift Card or Store Credit applied to the purchase will be refunded as Store Credit only. The application of Gift Cards and Store Credit to purchases is on a pro rata basis for each item purchased, this is to assist in establishing refund amounts.

6.6 Store Credits can only be applied to the account that was registered when purchasing the item/s, this account must also have the same email address that was used at the time of purchasing.  If no account was registered at the time the purchase was made you will need to create an account and email your account username and email address to info@froffa.com.au and we will apply the store credit to your account.

6.7 Gift Cards and Store Credit cannot be transferred between accounts or to other customers. 

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

7.1 We are not responsible if information made available on this site is not accurate, complete or current.

7.2 The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

7.3 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

7.4 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

7.5 You agree that it is your responsibility to monitor changes to our site.

8. ERRORS, INACCURACIES AND OMISSIONS

8.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

8.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

8.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

8.4 No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. MODIFICATIONS TO THE SERVICE AND PRICES

9.1 Prices for our products are subject to change without notice.

9.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

9.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

10.1 We reserve the right to refuse any order you place with us.

10.2 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

10.3 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

10.4 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

10.5 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11. OPTIONAL TOOLS

11.1 We may provide you with access to third-party tools, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

11.2 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

12. THIRD-PARTY LINKS

12.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

12.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

13.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

13.2 We are and shall be under no obligation:

(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.

13.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

13.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

13.5 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. PERSONAL INFORMATION

14.1 Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy.

15. PROHIBITED USES

15.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

15.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

16.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

16.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

16.3 You expressly agree that your use of, or inability to use, the service is at your sole risk.

16.4 The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

16.5 In no case shall FROFFA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

16.6 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. INDEMNIFICATION

17.1 You agree to indemnify, defend and hold harmless FROFFA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. SEVERABILITY

18.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. TERMINATION

19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

19.2 These Terms of Service are effective unless and until terminated by either you or us.

19.3 You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

19.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. GOVERNING LAW

20.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

21. CHANGES TO TERMS OF SERVICE

21.1 You can review the most current version of the Terms of Service at any time at this page.

21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

21.3 We will notify you of any changes by posting the new Terms of Service on this page and updating the “EFFECTIVE DATE” at the top of this page.

21.4 It is your responsibility to check our website periodically for changes.

21.5 Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. INTELLECTUAL PROPERTY

22.1 The copyright for the content on this website is owned or licensed by us and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries.

22.2 No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of us.

22.3 All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of us.

23. INVALIDITY

23.1 If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

24. ENTIRE AGREEMENT

24.1 The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

24.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

24.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24.4 Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Director of FROFFA.

25. CONTACT INFORMATION

25.1 Questions, comments and complaints about the Terms of Service should be sent to us at info@froffa.com.au.

TERMS AND CONDITIONS

 

EFFECTIVE DATE: 30/06/2018

The “website” https://www.froffa.com.au is operated by FROFFA (ABN 55 774 431 676). Throughout the site, the terms “we”, “us” and “our” refer to FROFFA. FROFFA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These Terms and Conditions are to be read in conjunction with our Privacy Policy and should be read thoroughly before using our website.

1. ONLINE STORE TERMS


1.1 If you access or use our website you are agreeing to these Terms of Service and that you are over the age of 18 years and have the right, legal capacity and authority to enter into a legally binding agreement and to abide by these terms and conditions.

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.3 You must not transmit any worms or viruses or any code of a destructive nature.

1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

 

2.1 We reserve the right to refuse service to anyone for any reason at any time.

2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. GENERAL CONDITIONS OF SALE

 

The following “Conditions of Sale” shall apply to any product sold on this website. These “Conditions of Sale” constitute a complete and exclusive statement of the agreement and understanding between you and us with respect to the subject matter hereof.

3.1 The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

3.2 The products available on the website for sale under these “Conditions of Sale” are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order, you are verifying to us that you are able to make a legally binding contract.

3.3 Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these “Conditions of Sale”.

3.4 These “Conditions of Sale” may change from time to time and you are required within reason to revisit these before placing your order to ensure that these “Conditions of Sale” have not changed.

3.5 We reserve the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with us comes into existence when we forward you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.

3.6 This contract shall be governed by and construed in accordance with the law in effect in the State of Queensland, Australia and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Queensland, Australia in relation to any dispute between them. Our website is accessible throughout Australia and overseas, however we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. Accessing this website from outside Australia is done at your own risk and you are responsible for guaranteeing compliance with all laws in the place where you are located. This clause survives termination of these terms and conditions.

3.7 We shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and us shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. You agree that we will not be held liable for any delay or failure in performance of any part of our services to you.

3.8 While we do everything, we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

3.9 For more detailed information please view our Shipping policy.

3.10 Nothing in these “Conditions of Sale” is intended to exclude, restrict or modify any statutory obligation of us implied by the Goods Act, 1958.

4. PROMOTIONS

 

4.1 Promotions, discounts and promotional coupon codes (collectively “Promotions”) are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.

4.2 One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited.

4.3 Promotions cannot be combined with other promotions.

4.4 Promotions do not apply to Gift Cards, Store Credit, shipping, GST or duties or similar services.

4.5 Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.

4.6 For promotions requiring a minimum order size, charges for shipping, Store Credits and credits from Gift Cards do not count towards the minimum order size requirement.

4.7 If you return an item that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.

4.8 Promotional items are available only while supplies last. We do not issue rain checks for items that are deemed to be out of stock’.

4.9 We reserve the right in our sole discretion to extend or terminate a Promotion at any time.

4.10 All promotional spend levels and discounts are in Australian Dollars (AUD).

5. STUDENT DISCOUNT (UNiDAYS)

 

5.1 Customers that are registered and verified with UNiDAYS ® (“UNiDAYS”) are eligible for a student discount all year round on purchases made online through our website https://www.froffa.com.au.

5.2 The student discount may be redeemed by using the promotion code provided by UNiDAYS by entering it into the “Promo Code” box at checkout.

5.3 Students are required to register with UNiDAYS to generate a unique promotion code, each unique promotion code can only be used once.

5.4 The student discount cannot be used in conjunction with Gift Cards, any other offers or promotion code, unless specified in that offer or promotion codes.

5.5 The discount amount will vary, depending on what promotions are running at the time and is only valid on full price merchandise. Please visit the UNiDAYS website https://www.myunidays.com/AU/en-AU for further information.

6. GIFT CARDS AND STORE CREDIT

 

6.1 “Gift Cards” and “Store Credit” are used interchangeably on our Website and are valid for a period of 12 months from the date of purchase or issue.

6.2 Gift Cards can be purchased to pay for products on our Website, excluding the purchase of other Gift Cards. Gift Cards are electronic gift cards and may be emailed to you or your nominated recipient. We are also unable to replace lost or stolen Gift Cards so the use and safety of your Gift Cards is your responsibility and we assume no liability for any loss of damage resulting from unauthorised use of a Gift Card. 

6.3 Suspicious or other types of illegal activities detected in connection with your FROFFA account, which relates to Gift Cards, Store Credit and/or the redemption of these items may lead to the closure of your account and/or requesting the use of a different payment method.

6.4 After using a Gift Card or Store Credit towards a purchase, where the value was less than the Gift Card or Store Credit, the remaining balance will be applied to your account. The residual balance cannot be redeemed for cash or any other type of currency and does not accrue interest.

6.5 Gift Cards and Store Credit can be used as a partial payment towards a purchase with the difference made up by other payment means. In the event a Gift Card or Store Credit was used on a purchase that has been returned or cancelled the value of the Gift Card or Store Credit applied to the purchase will be refunded as Store Credit only. The application of Gift Cards and Store Credit to purchases is on a pro rata basis for each item purchased, this is to assist in establishing refund amounts.

6.6 Store Credits can only be applied to the account that was registered when purchasing the item/s, this account must also have the same email address that was used at the time of purchasing.  If no account was registered at the time the purchase was made you will need to create an account and email your account username and email address to info@froffa.com.au and we will apply the store credit to your account.

6.7 Gift Cards and Store Credit cannot be transferred between accounts or to other customers. 

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

7.1 We are not responsible if information made available on this site is not accurate, complete or current.

7.2 The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

7.3 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

7.4 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

7.5 You agree that it is your responsibility to monitor changes to our site.

8. ERRORS, INACCURACIES AND OMISSIONS

 

8.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

8.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

8.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

8.4 No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. MODIFICATIONS TO THE SERVICE AND PRICES

 

9.1 Prices for our products are subject to change without notice.

9.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

9.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

10.1 We reserve the right to refuse any order you place with us.

10.2 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

10.3 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

10.4 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

10.5 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11. OPTIONAL TOOLS

 

11.1 We may provide you with access to third-party tools, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

11.2 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

12. THIRD-PARTY LINKS

 

12.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

12.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

13.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

13.2 We are and shall be under no obligation:

(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.

13.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

13.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

13.5 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. PERSONAL INFORMATION

 

14.1 Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy.

15. PROHIBITED USES

 

15.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

15.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

16.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

16.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

16.3 You expressly agree that your use of, or inability to use, the service is at your sole risk.

16.4 The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

16.5 In no case shall FROFFA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

16.6 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. INDEMNIFICATION

 

17.1 You agree to indemnify, defend and hold harmless FROFFA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. SEVERABILITY

 

18.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. TERMINATION

 

19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

19.2 These Terms of Service are effective unless and until terminated by either you or us.

19.3 You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

19.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. GOVERNING LAW

 

20.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

21. CHANGES TO TERMS OF SERVICE

 

21.1 You can review the most current version of the Terms of Service at any time at this page.

21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

21.3 We will notify you of any changes by posting the new Terms of Service on this page and updating the “EFFECTIVE DATE” at the top of this page.

21.4 It is your responsibility to check our website periodically for changes.

21.5 Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. INTELLECTUAL PROPERTY

 

22.1 The copyright for the content on this website is owned or licensed by us and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries.

22.2 No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of us.

22.3 All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of us.

23. INVALIDITY

 

23.1 If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

24. ENTIRE AGREEMENT

 

24.1 The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

24.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

24.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24.4 Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Director of FROFFA.

25. CONTACT INFORMATION

 

25.1 Questions, comments and complaints about the Terms of Service should be sent to us at info@froffa.com.au.