Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with Just Hatched.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Just Hatched suffer any damage or other losses as a result of
a transaction entered into by a minor, Just Hatched reserves the right
to seek compensation for such losses from the parents or guardians of
the minor who caused any order(s) to be placed with Just Hatched.
GST
Just Hatched purchases include GST unless otherwise stated on a Product listing.
Prices
Just Hatched reserves the right to change prices for Products displayed at Just Hatched at any time.
Our Liability
We will not be liable for any loss of income, loss of profits, loss
of contracts, loss of data or for any indirect or consequential loss or
damage of any kind howsoever arising and whether caused by tort
(including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you
whether in contract, tort (including negligence) or otherwise shall in
no circumstances exceed the amount payable by you to us in respect of
the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use
data collected from your Order Form for the purposes of processing your
Order. If you so indicate on the appropriate section of your Order
Form, by placing your Order you also agree that we may use such data,
other than credit card details, in order to provide you with
information from time to time on other Just Hatched Products that may
be of interest to you. If you do not agree to our using such data in
order to provide you with information on other Just Hatched Products,
you should indicate your non-agreement on the appropriate section of
your Order Form. You may obtain a copy of the data held by us
concerning you on request in writing. We reserve the right to charge an
administration fee for processing such request. If any data held by us
concerning you is incorrect, we will correct it on your written
request. Please refer to our Privacy Statement.
General
You shall not assign any rights and obligations under these Terms
and Conditions whether in whole or in part without the prior written
consent of Just Hatched. Any unauthorized assignment shall be deemed
null and void.
If any provision of these Terms and Conditions is held by any
competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of these Terms and Conditions and
the remainder of the provisions in question shall not be affected
thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions
and warranties cannot be excluded, any liability in Just Hatched for
breach of such conditions and warranties (other than a condition or
warranty implied by section 69 of the Act) shall be limited, at the
option Just Hatched, to the replacement of the Product(s) or the
re-supply of the same Product(s); the payment of the cost of replacing
the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or
Condition constitutes a waiver of such Term or Condition. Such failure
shall in no way affect the right to later enforce such Term or
Condition.
Just Hatched reserves the right to change the Terms and Conditions of sale at any time.
No Just Hatched employee or agent has the authority to vary any of the Terms and Conditions governing any sale. |