A FEW TERMS AND CONDITIONS TO KEEP US ALL IN LINE.
By using the Website you are accepting and agreeing to these Terms. You must not use this Website if you do not agree with these terms.
Shade Files reserves the right to change these Terms at any time, please check at regular intervals for any changes. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.
The Shade Files website and all Shade Files original content is operated and owned by Shade Files (ABN 25 273 323 060), 145 Osborne Street, South Yarra, VIC 3141.
All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars.
Pricing is subject to change without prior notice.
All orders submitted through the Website are subject to acceptance by Shade Files.
Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Shade Files reserves the right to refuse an order for any reason. Shade Files reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions. Acceptance of all orders is subject to Shade Files confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.
Shade Files only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send an email confirming that the product(s) have been despatched to your nominated shipping address.
Shade Files may cancel your order (included orders accepted by Shade Files) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.
Shade Files monitors returns to identify potential abuse or misuse of our return policies. Continued returns will be flagged and potentially refused at our discretion, or lead to the closure of your Shade Files customer account.
USE OF WEBSITE
When you access the Website, you agree that you do so on the following conditions: You may only use the Website and the Content on the Website for personal purposes unless Shade Files provides express written consent.
You must not:
- Access or attempt to access any part of the Website which is not designated for access by your password (where applicable);
- By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
- Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Shade Files or any third party;
- Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
- Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
- Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
- Interfere with any other persons use or enjoyment of the Website;
- Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
- Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
- Post or transmit any materials to the Website which is incorrect or misleading;
- Use the Website in any way that otherwise breaches these terms.
By using Shade Files Optical Dispensing services, the customer agrees that any prescription provided to Shade Files is current and was provided by a registered medical practitioner. Shade Files will not incur any legal liability arising from any injury and/or damage resulting from a faulty prescription as provided by you, the purchaser.
THIRD PARTY WEBSITES
The Website contains links to other websites controlled by third parties (Third Party Websites). Shade Files is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
Shade Files makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.
Cookies may be used on some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types.
INFORMATION AND SERVICES AT THE SITE
Shade Files updates the Website regularly, however, Shade Files makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.
All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Shade Files excludes all terms, conditions and representations express or implied.
Shade Files is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Shade Files does not warrant that the Website will be uninterrupted or error free.
You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.
LIMITATION OF LIABILITY
Shade Files does not warrant or guarantee:
- the accuracy or completeness of any information available on the Website;
- that access to the Website will be uninterrupted or error free;
- that any defects will be corrected immediately; or
- that the Website will be free from viruses or other contamination.
Except where prohibited by law, Shade Files will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.
TERMINATION OF USE
You may stop using the Website at any time for any reason.
Shade Files reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
Shade Files may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Shade Files reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.
VARIATION OF TERMS
Shade Files may vary these terms at any time, and by continuing to use the Website you consent to any variations. Shade Files will not notify of these variations and it is your responsibility to regularly check these terms for any variations.
When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Shade Files. You assume all risk and liability of your use of the Website, the internet, or any such third party networks, including access to the Website via such media. Shade Files recommends users review each website’s privacy statement before disclosing any personally identifiable information.
Shade Files reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.
If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.
These terms are governed by the Laws of New South Wales in Australia, and any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the Courts of New South Wales.
You are responsible for compliance with all laws and regulations applicable to your location.
If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.
Any failure by Shade Files to act or enforce these Terms immediately will not be considered a waiver of Shade Files's right to take any such action.
GIFT CARD TERMS AND CONDITIONS
Gift cards can be redeemed for merchandise only and not for cash. If the total amount is not redeemed, the balance remains on the gift card.
Please note, Shade Files gift cards are non-refundable, non-transferable and cannot be redeemed for cash. Gift Cards are treated as cash and cannot be replaced if lost or stolen.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift card purchase or redemption of that gift card on the Website, we are entitled to cancel your order or require a different means of payment.
Promotional Gift Cards can only be used when spending $100 or more and only on full priced items. Promotional Gift Cards cannot be used in conjunction with any other offer.
Shade Files may vary these terms at any time, and by continuing to use Shade Files Gift Cards you consent to any variations. Shade Files will not notify of these variations and it is your responsibility to regularly check these terms for any variations.
COUPON CODE TERMS AND CONDITIONS
Family, VIP and other Coupon codes can only use used to purchase full priced items, during the time period specified.
Shade Files reserves the right to cancel coupon codes at anytime, without notification.
Please be aware that different coupon codes may have varied terms and conditions and will be specified if otherwise.
Discount codes have expiration dates and are only valid for the time specified.
Shade Files may vary these terms at any time, and by continuing to use Shade Files Coupon Codes you consent to any variations. Shade Files will not notify of these variations and it is your responsibility to regularly check these terms for any variations.
Information on how to enter forms part of the terms and conditions of entry. Entry into the promotion is deemed acceptance of these terms and conditions. Headings in this document are included for ease of reference, and do not affect interpretation in any way.
The promoter is Shade Files (ABN 25 273 323 060) of 224 Riley Street, Surry Hills, NSW 2010 (+614 1504 5035)
1. All references to time in this document are a reference to the local time in Sydney, New South Wales, Australia on the date stated. The promotion commences at 13:00 AEST on 16.03.19 and closes at 17:00 AEST on 28.03.19 (Promotion Period).
Eligibility to enter
1. Entry is open to the public, excluding directors, management, employees and their immediate families of the Promoter and its related bodies corporate and registered travel companions of employees of the Promoter and its related bodies corporate.
If the prize winner is under the age of 18, before they can redeem their prize they
must obtain consent from their parent or legal guardian to do so.
If the prize winner is under the age of 18, they must obtain consent from their parent
or legal guardian to before entering this competition.
Entry into the promotion
1. To enter, Eligible Entrants must do so during the Promotion Period by following the directions in the promotion content.
2. The Promoter is not responsible for any lost, late or misdirected entries.
3. Each Eligible entrant may only enter the competition once.
4. The time of entry will be deemed to be the time the entry is received by the Promoter.
5. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
6. The draw will take place at 17:00 AEST on 28.03.19 at 224 Riley St, Surry Hills NSW, 2011. The draw will be conducted by the Promoter or other company as applicable (Drawer).
7. The result of the draw is final and no correspondence will be entered into.
8. Entries will be judged at the promoters discretion.
9. Judging will take place at 17:00 AEST on 28.03.19 at 224 Riley St, Surry Hills NSW, 2011. Judging will be conducted by the Promoter or other company as applicable (Adjudicator).
10. The judges’ decision is final and no correspondence will be entered into. Chance plays no part in determining the winning.
1. There will be 1 prize only. The maximum total prize pool value is AU$200, based on the recommended retail value and the exchange rate at the time of printing. The Promoter accepts no responsibility for any variation in the value of the prizes.
2. Each prize must be taken as stated and no compensation will be payable if a winner is unable to accept the prize as stated. Prizes are not exchangeable or redeemable for cash or other goods or services. A prize cannot be transferred to any other person, unless agreed to by the Promoter. It is a condition of accepting a prize that the winner accept the conditions of use of that prize.
3. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
Notification of the winner
1. The winners will be notified by email by 30.03.19 and their names will be published in on shadefiles.com.au, @shadefiles instagram and Shade Files Facebook page within 7 days after the draw.
Right of the Promoter to redraw
1. The Promoter reserves the right to redraw in the event of an entrant being unable to satisfy these promotion terms and conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed at 18:00 AEST 29.03.19, a second draw will be conducted by the Drawer on 30.03.19 at the same time and place as the original draw, subject to any written direction given under applicable law. Any winners determined in accordance with clause will be notified by email by 30.03.19 within 2 days after the draw and their names will be published on shadefiles.com.au, @shadefiles instagram and Shade Files Facebook page.
Right of the Promoter to rejudge
1. The Promoter reserves the right to rejudge in the event of an entrant being unable to satisfy these promotion terms and conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed at 18:00 AEST 30.03.19, a second round of judging will be conducted by the Adjudicator at 30.03.19 at the same time and place as the original judging, subject to any written direction given under applicable law. Any winners determined in accordance with this clause will be notified by email by within 2 days after the rejudging and their names will be published on shadefiles.com.au, @shadefiles instagram and Shade Files Facebook page.
Judging backup entries
1. As part of judging, the Adjudicator will select an additional number of prizes in prize pool entries to be used as backup winners in the event that an entrant is unable to satisfy the promotion terms and condition or forfeits or does not claim a prize. For any prize that remains unclaimed on insert date, the Promoter will award those prizes to the backup winners in the order judged by the Adjudicator, subject to any written direction given under applicable law. Any winners determined in accordance with clause will be notified by mail/email by insert a date within 2 days after the draw and their names will be published in insert applicable paper eg The Australian newspaper and, if run online, the website where entry permitted eg Shade Files .com, on Shade Files ’ Facebook page etc on insert date within 7 days after the draw. Also, if any dates are affected by this, such as book by dates, travel by dates etc, we need to insert wording to state how those clauses are amended.
Limitation of liability and variation of terms
1. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations. The Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this promotion.
2. The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this promotion, the promotion of this promotion or the use of any prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties.
3. The exclusion of liability in clause paragraph above does not apply to limit or exclude liability: for personal injury or death suffered or sustained in connection with the supply of goods or services which are supplied by the Promoter in the ordinary course of business. To remove doubt: third party goods or services, which other than in connection with this promotion, are in the normal course of business supplied by a third party unrelated to the Promotion Parties, are not supplied by the Promoter in the ordinary course of business.
Entry details and privacy
1. Entry details remain the property of the Promoter. The name and photograph of the winner may be used for promotional purposes by the Promoter, unless the winner otherwise notifies the Promoter at the time of accepting the prize. Entrants consent to the Promoter using personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes (including to third parties involved in the promotion and any applicable statutory authorities) and to conduct marketing activities. Without limiting the foregoing, entrants’ personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy Statement, visit www.Shadefiles.com.au to obtain a copy.
Important information and conditions about competitions on Facebook
1. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Eligible Entrants understand and agree that they are providing their information to the Promoter and not to Facebook. By entering this competition, each Eligible Entrant releases Facebook from any action or claim arising out of the competition. Any questions, comments or complaints regarding this competition must be directed to the Promoter, not Facebook.
2. At all times, Eligible Entrants agree to act in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php, and other related policies.
Important information and conditions about competitions on Instagram
1. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. Eligible Entrants understand and agree that they are providing their information to the Promoter and not to Instagram. By entering this competition, each Eligible Entrant releases Instagram from any action or claim arising out of the competition. Any questions, comments or complaints regarding this competition must be directed to the Promoter, not Instagram.
Important information about competitions on Twitter
1. At all times, Eligible Entrants agree to act in accordance with the Twitter Terms of Service, which can be viewed at http://twitter.com/tos, and other related policies.
1. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Independent financial advice should be sought.