Terms of service
The website “http://shop.experiencegoldcoast.com/ (the “Site”) is owned and operated by Experience Gold Coast Pty Ltd (ABN 77 633 448 094) (“EGC”, “us”, “we” or “our” as the context may require).
1. Application of Terms
1.1 These terms and conditions and any other terms, policies, notices and disclaimers contained on this page and elsewhere on the Site (“Get Up and Gold Coast Pyjamas Terms and Conditions”) set out the terms of access to and use of the Site. These Get Up and Gold Coast Pyjamas Terms and Conditions must be read together with our Privacy Policy, which can be found at https://shop.experiencegoldcoast.com/policies/privacy-policy. Your use of and access to the Site is conditional upon your acceptance of the Get Up and Gold Coast Pyjamas Terms and Conditions and constitutes your agreement to be bound by the Get Up and Gold Coast Pyjamas Terms and Conditions. Please do not proceed to purchase any product(s) on the Site until you have read and understood these Get Up and Gold Coast Pyjamas Terms and Conditions in full. The Get Up and Gold Coast Pyjamas is a product of Experience Gold Coast.
1.2 Purchases via the Site can be made by users of any age. If you are 18 years of age or older, you also affirm that in your State/Territory you are fully able and competent to enter into the terms, conditions, and warranties set forth in these Get Up and Gold Coast Pyjamas Terms and Conditions, and to comply with these Get Up and Gold Coast Pyjamas Terms and Conditions. If you are under the age of 18, you must seek permission from your parent or legal guardian and ensure they have read and consent to these Terms and Conditions.
1.3 We may, in our sole discretion, modify or revise these Get Up and Gold Coast Pyjamas Terms and Conditions, the Privacy Policy, or any of our other policies at any time without further notice to you, and you agree to be bound by such changes. We recommend periodically revisiting the Get Up and Gold Coast Pyjamas Terms and Conditions and our Privacy Policy to ensure you are kept up to date with any changes made. Your continued use of the Site or purchase of our products following any amendment is an acknowledgement of your knowledge of and acceptance of those changes.
1.4 These Get Up and Gold Coast Pyjamas Terms and Conditions are subject always to the statutory consumer guarantees as provided under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees"). Nothing in these Get Up and Gold Coast Pyjamas Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the Non-Excludable Guarantees.
2. Links to Third Party Sites
2.1 The Site may contain links to other websites (“Linked Sites”) or embedded content from Linked Sites. The Linked Sites are not under the control of Experience Gold Coast and Experience Gold Coast is not responsible for the contents of any Linked Site or any embedded content from Linked Sites and shall not be liable for any damage arising out of their use. Experience Gold Coast is providing these links and/or content to you only as a convenience and the inclusion of any link and/or content does not imply endorsement by Experience Gold Coast of the Linked Site or any association with its operators, unless expressly stated otherwise. If you are directed to a third-party website to complete payment, you should familiarise yourself with the terms and conditions of that third party before making any payment.
3. Use of the Site
3.1 As a condition of your use of the Site, you warrant to Experience Gold Coast that you will not use the Site for any purpose that is unlawful or prohibited by these Get Up and Gold Coast Pyjamas Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree that when using the Site you will not:
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own the rights thereto or have secured all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Download any file posted that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or ownership labels of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Site;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent; and/or
- Violate any applicable laws or regulations.
4. User Enquiries
4.1 From time to time, you may also be able to make enquiries or requests via the Site. You warrant that you will not use this function on the Site for any purpose that is unlawful or prohibited by these Get Up and Gold Coast Pyjamas Terms and Conditions or in any manner that could disable, overburden or impair the Site.
5. Ownership of Content on the Site
5.1 The Site and all related material and content including without limitation all information, text, materials, graphics, software, tools, results derived from the use of the Site, logos, names or trade marks (“Content”) are protected by copyright, trade mark and other intellectual property laws. All intellectual property rights in relation to the Content are owned by Experience Gold Coast and/or its suppliers or licensors respectively. All rights reserved.
5.2 Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation), or as otherwise provided for on this Site, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be copied, reproduced, adapted, stored, republished, sold, distributed or transmitted without the prior written permission of Experience Gold Coast. You may view, access or interact with the Site and save a copy, or print out a copy of parts of the Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site, and do not remove any copyright and trade mark notices contained on the Content.
5.3 Experience Gold Coast makes no warranties or representations that material on other Linked Sites does not infringe the intellectual property rights of any person anywhere in the world. Any rights not expressly granted herein are reserved.
6. Newsletter Subscription
6.1 Users also have the option to subscribe to the Experience Gold Coast Newsletter to receive offers and other promotional information from Experience Gold Coast. The information received via the Newsletter can be varied (i.e. users can receive information on new products, sales and/or other initiatives, for example, depending on a user’s preferences). Users may update their Newsletter preferences by clicking the link on any Newsletter email and following the prompts to select their preferences. Our Newsletter is facilitated by a third party service provider and by subscribing to the Experience Gold Coast Newsletter, you agree to any terms and conditions of that third party service provider, as notified to you upon sign up to the Experience Gold Coast Newsletter.
7. Contract Formation
7.1 Any quotation, displayed price, order list or order confirmation provided by us to you concerning the proposed supply of any product is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a contract with us on the conditions set out in these Get Up and Gold Coast Pyjamas Terms and Conditions.
7.2 A contract for sale is formed when we confirm acceptance of your order and receipt of your payment (in full).
7.3 We, in our sole and absolute discretion, may refuse to accept any order for any reason including, without limitation, the unavailability of product, an invalid Coupon Code (defined in section 13), or an error in the price or description of any product. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by us will be subject to correction without any liability on the part of Experience Gold Coast. While all efforts are made to check pricing and other errors (including errors relating to Coupon Codes), inadvertent errors do occur from time to time and we reserve the right to decline orders arising from such errors. For clarity, if we decline to fulfill any order, a full refund will be issued to you.
8. Placing an Order
8.1 In order to purchase Get Up and Gold Coast Pyjamas through the Site, you will need to:
· Select the product you intend to buy, including selecting the quantity and size. You will then need to add the product(s) to your cart and proceed to the checkout.
· You will then be asked to fill in your details (noting that it is mandatory that you fill in any field with an asterisk and provide accurate details).
· If you have a Coupon Code, you will need to apply this during the ordering process.
· After reviewing your order and details, you will need to input your payment details into the relevant fields. After you have completed all mandatory details and provided your payment details, you can submit your order.
8.2 Once your order has been submitted successfully, you will receive notification on screen. Once your order has been confirmed, you will receive a further email confirming your order.
9. Changing Your Order
9.1 In the event that you have made an error with your order and the order has been confirmed (for example, you have entered an incorrect address), you should contact us immediately. We will endeavour to adjust your details, however this will not be possible once your order has been dispatched. We reserve the right to charge an administration fee and/or extra shipping fee in the event that you require a change to your order after it has been confirmed.
9.2 We reserve the right to refuse to change your order in our absolute discretion.
9.3 For clarity, (to the extent permitted by law) you cannot cancel your order once it has been confirmed.
10. Pricing and Payments
10.1 All prices displayed are inclusive of GST and are displayed in Australian Dollars (AUD). Prices displayed are subject to change at any time without notice.
10.2 You warrant that you have the authority to make payment for your order and that you own/hold or have express permission of the owner/holder of the bank card or other payment facility used to purchase the items in your order.
10.3 We reserve the right to use the services of a third-party billing provider to process your payment for your order. By providing us with your debit or credit card details (or other payment method approved by us), you authorise us or a third-party billing provider to deduct from that card/approved payment method all fees and other charges you are responsible for in relation to the order purchase.
10.4 If your payment is declined for any reason, your order will not be processed. We do not take any responsibility for any delays in processing your order because of a declined transaction.
10.5 You understand that you will not pay (or attempt to pay) for any order using fraudulent or unlawful means. In the event that payment for your order is unsuccessful, we reserve the right to cancel your order at our sole discretion.
11. Shipping
11.1 Standard Shipping (Australia-wide) is available at a flat rate of $12.32. New Zealand shipping is available at a flat rate of $21.53 (AUD). International shipping outside of New Zealand is not available at this time.
11.2 Experience Gold Coast will arrange for the delivery of your order to you at your nominated delivery address. You will be responsible for any relevant costs associated with: (i) delivery, including postage or courier delivery, insurance and other charges arising from the point of despatch of the product(s) to the point of delivery; and (ii) personnel call out including any call out fees, as communicated to you upon confirmation of your order. You will also be responsible to provide the correct delivery address.
11.3 Most orders are dispatched between one (1) to five (5) business days starting from the business day after the order was received. In the event that any items are out of stock or unavailable after you have placed your order, we will inform you by email and specify what will happen to your order for those items which may include shipping them to you separately.
11.4 During peak periods, such as online sales, packing and handling times may be longer than expected, however we will have items dispatched as soon as possible.
11.5 We ship using Australia Post. As a guide, the following standard Australia Post delivery times apply to all orders from the date of dispatch:
- Within QLD: 2–4 business days;
- Interstate: 3–6 business days.
- International (New Zealand): 5-10+ business days for standard delivery
11.6 All parcels are dispatched from Heathwood, Brisbane QLD, Australia.
11.7 We suggest that you have items delivered directly to your home or workplace address as postage may require a signature in order for the delivery to be completed. Your tracking details will be sent to you via email once your order is confirmed.
11.8 In the event that delivery to you is unsuccessful on more than one occasion, the parcel may be returned to our premises. In the event that this occurs any additional shipping charges will be incurred to resend your parcel.
11.9 Title in the product(s) shall pass to you once full payment has been made. The risk in any product(s) shall pass to you once the product(s) have left our premises. As such, we take no responsibility for any damage to items that occurs during transit, to the fullest extent permitted by law.
11.10 We will not take any responsibility for any incorrect delivery details. We reserve the right to charge an additional delivery fee in the event that your order needs to be redelivered or redirected. In the event we deem a delivery not possible, we reserve the right to cancel an order and refund you. No further correspondence will be entered into about this decision.
11.11 You understand that each order must only be sent to one (1) delivery address.
12. Returns
12.1 Any order placed on the Site will only be dispatched once the order has been confirmed (and full payment has been confirmed). You acknowledge that by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
12.2 It is your responsibility to ensure the product(s) received match the exact product(s) ordered. You should inspect the product(s) immediately upon receipt of your order to your nominated delivery address and you must notify us as soon as possible (and ideally within fourteen (14) days of delivery):
- of the non-arrival of any or all of the products;
- if there is damage to the product(s); or
- that the quantity of the product(s) is incorrect.
To the extent permitted by law, Experience Gold Coast will not be liable for any damaged, missing or incorrect products/orders unless Experience Gold Coast is notified within a reasonable time.
12.3 If a product received by you is faulty, you can contact us via email on marketing@experiencegoldcoast.com to ask for refund instructions; or 2) log on to the website where you purchased the product (http://shop.experiencegoldcoast.com/), click into your account and follow the steps to request a refund. For clarity, you are solely responsible for the return/postage of item(s) back to us and we take no responsibility for any damage of item(s) during transit. When returning the item(s) to us, they must be returned in the original packaging and we require a tracking number.
Nothing in these Get Up and Gold Coast Pyjamas Terms and Conditions reduces or limits your rights under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth). Once returned to us, if we reasonably assess that your returned product is in fact faulty, we will contact you to discuss the appropriate remedy (subject to law) with a full refund of the purchase price and also arrange to reimburse you for the postage costs incurred by you to return your faulty product to us.
Returns will not be accepted by us if the fault or damage to the product has been caused by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.
12.4 Change of mind returns are not accepted. We do not offer refunds, exchanges, vouchers, or store credits for change of mind under any circumstances. Unless faulty or you have received the incorrect item, we cannot accept returns on sale or clearance items. All sale items are final sale. We cannot provide refunds, returns or exchanges on sale items, unless the item is faulty. If a sale item is faulty, we will refund you the purchase price once the faulty product has been assessed by Experience Gold Coast.
12.5 Nothing in these Get Up and Gold Coast Pyjamas Terms and Conditions shall limit or reduce your rights at law.
13. Coupon Codes
13.1 From time to time, you may be eligible to use a coupon code in order obtain discounts or special offers on product(s) sold on the Site ("Coupon Code").
13.2 Coupon Codes may only be redeemed on the Site, and are not redeemable for cash. You must enter any Coupon Code during the ordering process (either while you are viewing your cart or during the checkout process) in order to redeem the discount or special offer. Coupon Codes that are not entered during the ordering process will not be accepted.
13.3 We reserve the right to vary or terminate any Coupon Code (including the entire Coupon Code program) at any time for any reason in our sole discretion and no correspondence will be entered into. You may only use each Coupon Code once (in total, regardless of the number of orders submitted) and HOTA reserves the right to invalidate, not accept or cancel any Coupon Code or an order placed using a Coupon Code for any reason, including that the Coupon Code was obtained fraudulently (in our opinion) or redemption of the same Coupon Code was used more than once.
13.4 In addition to the above, you also agree that you will not use (or attempt to use) any Coupon Code/s obtained unlawfully or fraudulently nor will you attempt to complete an order using any Coupon Code obtained unlawfully or fraudulently.
14. Disclaimer
14.1 Experience Gold Coast does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site ("Information") or that it is suitable for your intended use. The Information is provided by HOTA in good faith on an "as is" basis without warranty of any kind.
14.2 Experience Gold Coast does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
14.3 Experience Gold Coast makes no warranties, guarantees or representations that the material on this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.
14.4 Nothing in these Get Up and Gold Coast Pyjamas Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the Non-Excludable Guarantees. All warranties, representations and implied terms (except that which cannot by law be excluded, including the Non-Excludable Guarantees), in relation to your access to or use of this Site or the Information are expressly excluded to the maximum extent permitted by law.
15. Limitation of Liability
15.1 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, to the maximum extent permitted by law, Experience Gold Coast, its officers, directors, employees, agents, affiliates, partners, suppliers, licensors and licensees will in no way be liable to any party in contract, tort (including negligence) or otherwise, for any injury, loss or damage, including any direct, indirect, punitive, incidental, special or consequential loss or damage whatsoever, including, without limitation, damages for loss of use, programs or data, loss of business, business interruption, or lost profits arising out of or in any way connected with:
15.1.1 the use or performance of the Site, or any delay, interruption, error or inability to use the Site or related services;
15.1.2 the use or performance of any product(s) purchased via the Site;
15.1.3 any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, or any financial/payment information you provide to any third party service provider to process payments on our behalf;
15.1.4 the provision of or failure to provide products or services;
15.1.5 any content, software, products and services obtained through the Site;
15.1.6 any errors, mistakes, omissions or inaccuracies in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site; or
15.1.7 the Site.
If your use of this Site results in the need for servicing or replacing of equipment, Experience Gold Coast will not be liable for those costs.
15.2 While the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, where conditions, warranties or other rights are implied in these Get up and Gold Coast Pyjamas Terms and Conditions or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply. At the option of Experience Gold Coast, Experience Gold Coast’s liability for breach of implied conditions or warranties is limited, to the extent permitted by law to:
15.2.1 the replacement of the goods or the supply of equivalent goods;
15.2.2 the repair of the goods;
15.2.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
15.2.4 the payment of having the goods repaired,
For clarity, nothing in these Get Up and Gold Coast Pyjamas Terms and Conditions purports to limit or does limit the application of the Non-Excludable Guarantees.
16. Indemnity
16.1 To the extent permitted by law, you indemnify Experience Gold Coast, our affiliates, partners, suppliers, licensors and licensees, and our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of:
16.1.1 your use of and access to the Site and Experience Gold Coast’s products;
16.1.2 your violation of any term of these Get Up and Gold Coast Pyjamas Terms and Conditions; or
16.1.3 your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right.
This defence and indemnification obligation will survive these Get Up and Gold Coast Pyjamas Terms and Conditions and your use of the Site.
17. Assignment
17.1 These Get Up and Gold Coast Pyjamas Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Experience Gold Coast.
18. Force Majeure
18.1 Experience Gold Coast shall have no liability whatsoever under or in any way related to the sale of products or otherwise for any failure to fulfil any obligation hereunder to the extent that such fulfilment is prevented by circumstances beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, government lockdowns, pandemic, accident, breakdown, import or export restrictions, acts of God, acts of terrorism, or acts of war, or any other disaster or unforeseeable event beyond Experience Gold Coast’s reasonable control. Should such an event of force majeure occur, Experience Gold Coast may terminate the contract by giving you written notice.
19. Termination/Access Restriction
19.1 Experience Gold Coast reserves the right, in its sole discretion, to terminate or restrict your access to the Site or any related services or any portion thereof at any time, without notice. Experience Gold Coast has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.
20. General
20.1 These Get Up and Gold Coast Pyjamas Terms and Conditions, together with the Privacy Policy shall constitute the entire agreement between you and Experience Gold Coast concerning the Site and your use of Experience Gold Coast products or services.
20.2 If any provision of these Get Up and Gold Coast Pyjamas Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Get Up and Gold Coast Pyjamas Terms and Conditions, which shall remain in full force and effect.
20.3 No waiver of any term of these Get Up and Gold Coast Pyjamas Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Experience Gold Coast’s failure to assert any right or provision under these Get Up and Gold Coast Pyjamas Terms and Conditions shall not constitute a waiver of such right or provision.
20.4 These Get Up and Gold Coast Pyjamas Terms and Conditions are made subject to the law in force in the State of Queensland, Australia, and shall be interpreted and enforced by the courts in that jurisdiction, including with respect to any dispute arising under these Get Up and Gold Coast Pyjamas Terms and Conditions.
Contact Us
If you have any questions or enquiries, please reach out to us via one of the contact methods below:
Post:
- Experience Gold Coast
- 135 Bundall Rd, Surfers Paradise, Queensland 4217
- Ph: 07 5588 4095
- Email: marketing@experiencegoldcoast.com