Policies

AFFILIATE DISCLOSURE

DATA BREACH POLICY

DATA BREACH POLICY

1. Purpose
This policy describes how Intuitive Skin Nourishment will respond to a data breach, in adherence to the Privacy Act 1988.
It is Intuitive Skin Nourishment’s belief that clear roles, responsibilities and procedures will serve as the foundation as a comprehensive privacy program.
This policy outlines:
(a) the steps that Intuitive Skin Nourishment will take to contain, assess, notify, and review any data breaches that might occur; and
(b) Notifiable Data Breaches and how Intuitive Skin Nourishment will address them if they occur.
All Intuitive Skin Nourishment employees, officers, representatives or advisers (‘Employees’) are required to understand and act in accordance with this policy.

2. Data Breach Definition
A data breach occurs when personal information or intellectual property held by Intuitive Skin Nourishment is subject to unauthorised access, disclosure, modification, or is lost. Data breaches can occur in a number of ways, including but not limited to:
(a) Unauthorised Third-party security breaches (e.g. Hackers)
(b) Unauthorised access, disclosure or modification by Employees and users
(c) Data breaches of Third-party services used by Intuitive Skin Nourishment that affect user data
Specific to Intuitive Skin Nourishment’s business, the following have been identified as possible data breach sources:
(a) Accidental loss, unauthorised access, or theft of classified material data or
equipment on which such Intuitive Skin Nourishment data is stored, such as company Laptops and USBs.
(b) Unauthorised use, access to, or modification of data on Intuitive Skin Nourishment’s Cloud database.
(c) Accidental disclosure of Intuitive Skin Nourishment user data or intellectual property, such as via email to an incorrect address.
(d) Unauthorised data collection by third parties posing as Intuitive Skin Nourishment, e.g. Phishing Scam
(e) Failed or successful attempts to gain unauthorised access to Intuitive Skin Nourishment information or information systems
(f) Unauthorised data collection by third parties through Malware infections on
Intuitive Skin Nourishment cloud databases, or hardware equipment.

3. What to do if a Data Breach is Suspected?
All Intuitive Skin Nourishment Employees who are aware of, informed of, or suspect a data breach must inform Intuitive Skin Nourishment’s IT team immediately. The IT team must then assess the suspected breach to determine whether or not a breach has in fact occurred.
If a data breach has, in fact, occurred, then the IT team will manage the breach
according to the steps outlined in the Data Breach Management Plan.

4. Data Breach Response Plan
In accordance with OAIC recommendations, the following steps will be taken in response to a verified Data Breach.
(a) Contain the breach as soon as possible. Containment is ensuring that the breach itself is stopped. How a breach is stopped would depend on the particular instance but can include:
(i) The suspension of compromised accounts;
(ii) Removal of malware, where identified;
(iii) Temporary platform downtime if necessary;
(iv) Recovering any lost data, if possible;
(v) Repairing unauthorised modification of data, if possible;
(vi) Restoring access to the platform when able.
(b) Assess the risks involved and the repercussions on respective stakeholders. The following may be considered in assessing the stakeholder risks:
(i) The type of information involved;
(ii) Establish the cause and the extent of the breach;
(iii) Assess the risk of harm to affected persons;
(iv) Assess the risk of other harms: reputational damage;
(v) Notify Management and Affected Individuals where appropriate;
(vi) Management must be notified of breaches as and when they occur,
whether or not the breach is an eligible breach under the Notifiable Data
Breach Scheme;
(vii) Intuitive Skin Nourishment is an APP 11 entity under the Privacy Act 1988 (Cth) and is and must, therefore, comply with its obligations under the Notifiable Data Breach Scheme;
(viii) Data Breaches that are not eligible under the Notifiable Data Breach
Scheme need not be reported and may be addressed internally.
(c) Prevent future similar breaches through strengthening security infrastructures and/or policies.

5. Notifiable Data Breach Scheme
Under the Notifiable Data Breach Scheme, Intuitive Skin Nourishment is obliged to report data breaches that satisfy the following criteria:
(a) there is unauthorised access to or unauthorised disclosure of personal
information, or a loss of personal information, that Intuitive Skin Nourishment holds;
(b) That the unauthorised access to or disclosure of, or loss of personal information is likely to result in serious harm to one or more individuals; and
(c) Intuitive Skin Nourishment has not been able to prevent the likely risk of serious harm with remedial action.
For further information on how to assess a notifiable data breach, Intuitive Skin Nourishment must refer to the OAIC’s APP guidelines.
Where Intuitive Skin Nourishment suspects that an eligible breach has occurred, it must carry out a reasonable and expeditious assessment of the breach: s 26WH(2)(a) of the Privacy Act. Where possible, the assessment must be completed within 30 days of Intuitive Skin Nourishment becoming aware of information that causes it to suspect that an eligible breach has occurred. If Intuitive Skin Nourishment is unable to complete the assessment within 30 days, a written document must be written which addresses:
(a) how all reasonable steps have been taken to complete the assessment within 30 days;
(b) the reasons for the delay; and
(c) that the assessment was reasonable and expeditious.
Where an Eligible Breach has occurred, Intuitive Skin Nourishment must inform affected users AND the Privacy Commissioner. Intuitive Skin Nourishment is allowed to disclose eligible breaches to users in either of the following ways:
(a) It may notify all Intuitive Skin Nourishment users
(b) It may notify affected Intuitive Skin Nourishment users
(c) It may publish a notification on its website
Disclosure of eligible breaches to the Privacy Commissioner may be done by online form.
For more information on disclosing Eligible Breaches under the Notifiable Data Breach Scheme, please refer to the OAIC’s webpage on the topic.

6. Disciplinary Consequences
Intuitive Skin Nourishment reserves the right to monitor Employees’ use, access and modification of the company’s data, and initialise an investigation if cases where an employee conducts an action that is in breach of this policy.
All Employees should handle Intuitive Skin Nourishment’s data with due diligence in accordance with this policy and any related policies. If an employee’s action or omission that is prohibited under this policy causes a disruption of integrity to the data system or leads to a breach defined in the Privacy Act, the employee may face severe disciplinary action up to and including termination at the discretion of Intuitive Skin Nourishment.

WEBSITE TERMS AND CONDITIONS OF USE - BLOG

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website
(a) Welcome to www.intuitiveskinnourishment.com.au ('Website'). The Website general education and resources.
(b) The Website is operated by ISNT PTY LTD as Trustee for the Anderson Family Trust (ABN 40245741563). Access to and use of the Website, or any of its associated Products or Services, is provided by Intuitive Skin Nourishment. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Intuitive Skin Nourishment reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Intuitive Skin Nourishment updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Intuitive Skin Nourishment in the user interface.

3. Copyright and Intellectual Property
(a) The Website, the content and all of the related products of Intuitive Skin Nourishment are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and
interactive features) or the content are owned or controlled for these purposes, and are reserved by Intuitive Skin Nourishment or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Intuitive Skin Nourishment, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Intuitive Skin Nourishment does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Intuitive Skin Nourishment.
(c) Intuitive Skin Nourishment retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d) You may not, without the prior written permission of Intuitive Skin Nourishment and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy
Intuitive Skin Nourishment takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Intuitive Skin Nourishment's Privacy Policy, which is available on the Website.

5. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(b) Subject to this clause 5, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Intuitive Skin Nourishment will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Intuitive Skin Nourishment make any express or implied representation or warranty about the content or any products or content (including the products or content of Intuitive Skin Nourishment) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the content or any of the products of Intuitive Skin Nourishment; and
(iv) the content or operation in respect to links which are provided for your
convenience.

6. Limitation of liability
(a) Intuitive Skin Nourishment's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
(b) You expressly understand and agree that Intuitive Skin Nourishment, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible
loss.
(c) You acknowledge and agree that Intuitive Skin Nourishment holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

7. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Intuitive Skin Nourishment with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to Intuitive Skin Nourishment via the 'Contact Us' link on our homepage.
(b) Intuitive Skin Nourishment may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Intuitive Skin Nourishment is required to do so by law;
(iii) Intuitive Skin Nourishment is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by Intuitive Skin Nourishment, is in the opinion of Intuitive Skin Nourishment, no longer commercially viable.
(c) Subject to local applicable laws, Intuitive Skin Nourishment reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its
sole discretion, your access to all or any portion of the Website or the Services
without notice if you breach any provision of the Terms or any applicable law or if
your conduct impacts Intuitive Skin Nourishment's name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Intuitive Skin Nourishment have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Indemnity
(a) You agree to indemnify Intuitive Skin Nourishment, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.

9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
9.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the If a dispute arises in relation to these
terms, a mediation body can be used by the parties to resolve the dispute
or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction
The Services offered by Intuitive Skin Nourishment is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

11. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Approved by:

Signature: ________________________

Full name: ________________________

Date: ________________________

WEBSITE TERMS AND CONDITIONS OF USE - GOODS

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website
(a) Welcome to www.intuitiveskinnourishment.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
(b) The Website is operated by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST (ABN 40245741563). Access to and use
of the Website, or any of its associated Products or Services, is provided by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST in the user interface.

3. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(b) You warrant that any information you give to ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST
providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST for any illegal or unauthorised use of the
Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the
Product (the 'Purchase Price').
(b) Payment of the Purchase Price may be made through PayPal, Stripe (the
'Payment Gateway Provider'). In using the Purchase Services, you warrant
that you have familiarised yourself with, and agree to be bound by, the applicable
Terms and Conditions of Use, Privacy Policy and other relevant legal
documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST, you will be issued with a receipt to confirm that the payment has been received and ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST may record your purchase details for future use.
(d) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty
(a) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
(b) You may make a claim under this clause (the 'Warranty Claim') for material
defects and workmanship in the Products within 12 from the date of purchase (the 'Warranty Period').
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST showing the date of purchase of the Products,
provide a description of the Products and the price paid for the Products by
sending written notice to ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST at 24 Regent ST, Whittington, Victoria, 3219 or by email at [email protected].
(d) Where the Warranty Claim is accepted then ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST and shall be the sole and exclusive remedy available to you in addition to otherrights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery
(a) You acknowledge that the Purchase Services offered by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
(b) In providing the Purchase Services, ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(ii) contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the
Purchase Services.

8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST or its contributors.
(b) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy
(a) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST 's Privacy Policy, which is available on the Website.

10. General Disclaimer
(a) You acknowledge that ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other
than provided for pursuant to these Terms.
(b) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of ISNT ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability
(a) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST, by third parties
or by any of the Purchase Services offered by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST.
(d) You acknowledge that ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST does not provide the Delivery Services to you and you agree that ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST has made this option available to you.
(c) Your notice should be sent, in writing, to ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST via the 'Contact Us' link on our homepage.
(d) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is required to do so by law;
(iii) the partner with whom ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST offered the Purchase Services to you
has terminated its relationship with ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST or ceased to offer the Purchase Services to you;
(iv) ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is, in the opinion of ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST, no longer commercially viable.
(e) Subject to local applicable laws, ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity
(a) You agree to indemnify ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.

14. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction
(a) The Purchase Services offered by ISNT PTY LTD AS TRUSTEE FOR THE ANDERSON FAMILY TRUST is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of Victoria Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.