TERMS & CONDITIONS

1. About the Website
(a) Welcome to www.daydreamersclub.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 Daydreamers Club. Access to and use of the Website, or any of its associated Products or Services, is provided by Daydreamers Club. 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) Daydreamers Club reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Daydreamers Club 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 Daydreamers Club in the user interface.

3. Purchase of Products
(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) All prices on the Website are displayed in Australian Dollars ($AUD). For international orders the actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company at the time of the purchase transaction. Most payment methods are accepted, including: Visa, MasterCard, AMEX, Apple Pay, Google Pay, PayPal and bank transfer.

(c) Payment of the Purchase Price may be made through the Shopify Payments Gateway (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.

(d) Following payment of the Purchase Price being confirmed by Daydreamers Club, you will be issued with a receipt to confirm that the payment has been received and Daydreamers Club may record your purchase details for future use.

 

4. Shipping & Delivery
(a) You acknowledge that the Purchase Services offered by Daydreamers Club integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').

(b) In providing the Purchase Services, Daydreamers Club 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 Daydreamers Club 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) Daydreamers Club cannot guarantee delivery times, including due to reasons beyond our control. All delivery estimations are provided based on general data available to public. Shipping & delivery may be subject to delay due to causes outside Daydreamers Club’s and/or the Delivery Service Providers control, including but not limited to public holidays, peak periods, pandemic lock downs, border closures and time in customs (if applicable).

(d) Please be advised that it is possible that any items shipped internationally may incur additional fees and import duties levied by local custom authorities. As the addressed recipient of the item, you are responsible to pay any of the import taxes and duties levied by the country you are shipping to. Your package may not be released from local customs until these payments are made. Daydreamers Club is unable to advise or estimate the cost that these local duty taxes may be. Please ensure that you are aware of the cost of these fees before you finalise your purchase.

(e) In the event that an item is lost or damaged in the course of the Delivery Services, Daydreamers Club 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 via the ‘Contact Us’ page 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.

5. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Daydreamers Club 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 Daydreamers Club or it's contributors.

(b) Daydreamers Clubretains 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:

• (i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Daydreamers Club; or
• (ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• (iii) 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 Daydreamers Club and the permission of any other relevant rights owners: broadcast, republish, upload 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.

 

6. Collaborator Submissions & Website Users
(a) By creating collaborated content with Daydreamers Club; or by engaging in any communication with the Website; or by communicating with Daydreamers Club via e-mail or it’s related social media profiles; or when communicating via any other medium or platform — you grant Daydreamers Club (and it’s subsidiaries or trading partners) a royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, world-wide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the contents of such collaborations and communication in any way, in part or in whole and in any medium (including but not limited to the Website and associated social media profiles), by any means and for any purpose (including commercial purposes), and to authorise others to do so. Daydreamers Club, its successors, assigns and licensees may do or omit to do anything to such content collaborations and communications which may infringe your moral rights in such communications, including editing, altering and reproducing such content and communications in any manner or context, in perpetuity throughout the world.

(b) As a user of the Website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not engage in the following acts: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

(c) Daydreamers Club does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.

(d) Daydreamers Club does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Website. If notified by a user of communications which allegedly do not conform to this agreement, Daydreamers Club may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Daydreamers Club has no liability or responsibility to users of the Website for performance or non-performance of such activities. Daydreamers Club reserves the right to expel users of the Website and prevent their further access to the Website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive

 

7. Privacy
(a) Daydreamers Club takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Daydreamers Club's Privacy Policy, which is available on the Website.

 

8. General Disclaimer
(a) You acknowledge that Daydreamers Club does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Daydreamers Club 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) Daydreamers Club will not be liable 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 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 Daydreamers Club (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Daydreamers Club, 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 Daydreamers Club 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 Daydreamers Club) 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.

9. Limitation of Liability
(a) Daydreamers Club'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 Daydreamers Club is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Daydreamers Club, 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) Daydreamers Club 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 Daydreamers Club, by third parties or by any of the Purchase Services offered by Daydreamers Club.

(d) You acknowledge that Daydreamers Club does not provide the Delivery Services to you and you agree that Daydreamers Club 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.

 

10. Termination of Contract
(a) The Terms will continue to apply until terminated by Daydreamers Club.

(b) Daydreamers Club 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) Daydreamers Club is required to do so by law;
• (iii) the partner with whom Daydreamers Club offered the Purchase Services to you has terminated its relationship with Daydreamers Club or ceased to offer the Purchase Services to you;
• (iv) Daydreamers Club 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 Daydreamers Club is, in the opinion of Daydreamers Club, no longer commercially viable.

(c) Subject to local applicable laws, Daydreamers Club 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 Daydreamers Club'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 Daydreamers Club 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.

 

11. Indemnity
(a) You agree to indemnify Daydreamers Club, 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.

12. 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 30 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, 30 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 Australian Consumer and Competition Commission;
• (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 Brisbane, 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 30 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.

13. Venue and Jurisdiction
(a) The Purchase Services offered by Daydreamers Club 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 Queensland, Australia.

 

14. Governing Law
(a) The Terms are governed by the laws of Queensland, 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 Queensland 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.

15. 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.

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

17. Contact Us
(a) If you have any questions regarding the Website or Terms and Conditions please reach out via the ‘Contact Us’ page located in the footer of the Website and in the main menu on the home page.