Application of these Terms of Use

thewhiteplace.com.au (Site) is owned and operated by The White Place Pty Ltd (ABN 15 164 496 717) (TWP Online, we, our, us).

TWP provides the Site as a venue for people to place orders for products that are offered for sale by TWP through the Site (Products).

The use of this Site is governed by these terms and conditions and the privacy policy. Please read the Terms of Use carefully. Your use of this Site indicates your acceptance of the Terms of Use.

You (User, you, your) indicate your acceptance of these Terms of Use by accessing, using and/or placing an order for Products using the Site.

These Terms of Use shall replace any subsequent terms or conditions included by you with any purchase order for Products using the Site, whether or not your terms or conditions are signed by TWP.

Variation of these Terms of Use

TWP may make changes to this Site and these Terms of Use at any time. If we change these Terms of Use we will publish an updated version under the ‘Terms’ link on the Site. Your access or use of the Site after an updated version of these Terms of Use has been made available on the Site indicates your acceptance of the updated Terms of Use.

Accounts and passwords

If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure.

TWP Online may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.

Our Content

All materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trade marks, applications and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trade mark and other intellectual property laws.

You may use Our Content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.

To the extent allowed by law, TWP Online does not guarantee the accuracy, completeness, security or currency of Our Content or User Content and we have no liability to you for your use or reliance on Our Content or User Content.

Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

TWP Online reserves all other rights not expressly granted.

The Site may contain hyperlinks to sites operated by third parties (including social media sites). Access to Linked Sites is provided for convenience only and you are responsible for deciding whether you want to use a Linked Site. You access these sites and use or buy their products and services solely at your own risk.

When you access and use Linked Sites, you are subject to their terms and conditions of use. TWP Online does not control or endorse and are not responsible for any features, content, Products or other materials on or available from a Linked Site. Any rights, claims or actions you may have in respect of a Linked Site can only be brought directly against the owners or operators of the Linked Site.

TWP Online may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.

Liability and indemnity

To the extent permitted by law, TWP Online and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising, (whether in negligence or otherwise) in connection with:

(a) your failure to comply with these Terms of Use;

(b) your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites;

(c) your Content, including its use, misuse or misappropriation; or

(d) any other acts or omissions by you.

Site Disclaimers

Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). Nothing in these Terms of Use excludes any rights you have under the ACL in respect of the Site. Subject to the previous sentence, you acknowledge that your use of the Site, Our Content, Your Content, User Content and Linked Sites, is entirely at your own risk and are provided without warranty, either express or implied.

We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.

Privacy

You may be asked to input information about yourself on different areas of the Site. If so, we will only use that information in accordance with our Privacy Policy.

Termination

We may terminate your access to the Site (or any part of it) at any time without reason and without notice. These Terms of Use survive any such termination.

Wholesaling and Reselling

TWP does not wholesale and does not support or allow the purchase of TWP goods for resale at a profit. Such activity may result in termination of access to the Site.

Force Majeure

TWP will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Transfer and Assignment

If TWP Online merges with, sells to or otherwise changes control of its business or the Site, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that TWP Online has collected from you and any agreements it had made with you in connection with your use of the Site.

Severability

If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and TWP Online.

Waiver

The failure by TWP Online to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by TWP Online.

Jurisdiction

These Terms of Use are governed by the laws in force in NSW, Australia and you submit to the non-exclusive jurisdiction of the courts in that place.

If you access this Site in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. TWP Online makes no representations that the content of the Site complies with the laws of any country outside Australia.

Gift Voucher

Valid for one use only. Gift Vouchers cannot be reloaded and may only be refunded if there is a remaining amount that, in the reasonable opinion of the trader, cannot be conveniently used. Any refunds will go to the purchaser of the voucher, not the recipient. Vouchers will expire in one year after the purchase date. Vouchers do not cover postage.

Sales

Sale items cannot be exchanged or refunded. Sale prices apply only to items ordered during the sale - items ordered before or after the sale will not have prices adjusted to include discounts. Sale start and end dates and times are in Australia Eastern Standard Time, and can be altered at TWP Online’s discretion.

Contacting Us

If you have any questions about these Terms of Use, please contact us using the information below:

The White Place
100 Byng St, Orange NSW Australia 2800
ABN: 15 164 496 717

sales@thewhiteplace.com.au