Terms and Conditions
A bit of the Legal Stuff....
1. General
1.1 These are the terms and conditions referred to in the Order Invoice.
When terms and conditions apply
1.2 The following terms and conditions apply to the sale of goods by Today Tomorrow & Always to a customer unless expressly renounced or amended by Today Tomorrow & Always in writing. Any order and payment made by a customer to Today Tomorrow & Always represents the customer’s agreement and acceptance of these terms and conditions.
Force Majeure
1.3 The customer hereby releases Today Tomorrow & Always from any claim, liability or responsibility relating to a late delivery, or failure to deliver goods, if it is due to natural disaster, storm, fire, supply shortage, government law or regulation, illness, or any other cause beyond the control of Today Tomorrow & Always.
1.4 Late delivery or failure to deliver goods that is the result of occurrences beyond the control of Today Tomorrow & Always does not entitle the customer to cancel an order, withhold payment, or request a refund.
Resolution
1.5 The customer agrees that any dispute or claim relating to the sale and supply of goods; or these terms and conditions will attempt resolution by both parties meeting in good faith in an attempt to reach a mutual satisfying result; prior to commencing any legal proceedings.
2. Interpretation
2.1 In these terms and conditions:
Customer means the person and/or entity purchasing the goods, as shown on the invoice or other documentation, which documents the order for goods.
Goods refers to those products listed on an invoice and/or sold by Today Tomorrow & Always to a customer.
Supplies means property and/or services as the context requires.
3. Price
3.1 The price of the goods will be determined by the price shown on the Today Tomorrow & Always website, invoice and/or any expressly written quote. The price of goods, as shown on Today Tomorrow & Always website, may be updated at any time as required by Today Tomorrow & Always.
3.2 Any request for variations or amendments may incur an additional cost.
3.3 Unless specified, all prices quoted exclude Goods and Services Tax (GST).
4. Payment
4.1 Excluding expressed prior arrangements, Today Tomorrow & Always requires full payment prior to commencing crafting of any goods.
4.2 Once full payment has been received by Today Tomorrow & Always , inclusions must be received within two (2) months. Failure to receive inclusions within two (2) months of payment will result in the cancellation of your order and payment. Any amount paid will not be refunded.
5. Gift. Vouchers
5.1 Gift vouchers are available in any denomination of your choice.
5.2 Gift vouchers are not transferable
5.3 Gift vouchers are non refundable or any amount redeemable for cash
5.4 Gift vouchers are valid for 3 years from the date of issue. Please take note of this as we are not legally liable to honour any expired vouchers as per the ACCC Australia and NSW Fair Trading. More info can be found at the ACCC website.
6. Delivery of Inclusions
6.1 Inclusions must be packed by the customer in the manner specified by Today Tomorrow & Always so as to ensure safe delivery during transit, prior to crafting.
6.2 Tracking is highly recommended for postage of inclusions.
6.3 In the event that the customer’s inclusions are lost in the post, Today Tomorrow & Always requires additional inclusions to be re-posted.
6.4 Today Tomorrow & Always will not be held liable for any losses that may occur as a result of the loss or non-delivery of your inclusions. In the event of a loss or non-delivery, the customer must contact their local post office to lodge a claim.
6.5 Today Tomorrow & Always will not be held liable for any damage to the packaging or inclusions during postage. In the event of damage to the packaging and/or inclusions, the customer must contact their local post office to lodge a claim. In the event of leakage of breastmilk, Today Tomorrow & Always may require additional breastmilk to be re-posted at the customer’s expense.
6.6 Today Tomorrow & Always highly recommends that irreplaceable inclusions are not posted. In the event that a customer chooses to send irreplaceable inclusions that are subsequently lost, the customer may be eligible to receive a refund of the amount paid, minus any processing fees, subject to approval by Today Tomorrow & Always.
7. Delivery of Goods
7.1 Today Tomorrow & Always will only accept a limited number of orders each month. The current completion time for orders is 6 – 8 weeks from the date of receipt of inclusions, or from the start date of the customer’s allocated order month (whichever is later). During high demand holidays turn around times are 8 - 10. weeks. Once completed, orders will be posted to the customer via Registered Express Post with signature on delivery.
7.2 Delivery times are estimates only and Today Tomorrow & Always will not be held liable for any variations or delays to delivery times. Today Tomorrow & Always will not be held liable for any loss or damage to goods in transit.
7.3 Goods will be packed with the minimum of packaging material so as to ensure its safe delivery. Either a packing note or invoice is to accompany all orders, quoting the order number and order details.
7.4 All packages are sent back to the customer with utmost care taken to ensure prompt and safe delivery. Today Tomorrow & Always sends all packages signature on delivery and with insurance. This is the only option of postage we offer.
8. Acceptance
8.1 The customer is to inspect all goods upon delivery and is to notify Today Tomorrow & Always of any defects, in writing with supporting images, within seven (7) days of shipping notification being sent via email to the customer.
8.2 If the customer fails to provide written notification of any defects within seven (7) days, then the goods are deemed to have been accepted by the customer.
8.3 If Today Tomorrow & Always accepts notification of any defects, the customer must permit Today Tomorrow & Always to have access to the goods for inspection prior to commencing any repairs, crafting a replacement (limited to 1 only) or providing a refund. If required, the goods are to be posted back to Today Tomorrow & Always, with the cost of postage to be covered by the customer.
9. Change of Mind and Cancellation Policy
9.1 In the event that an incorrect selection has been made when placing an order, the customer is to contact Today Tomorrow & Always in writing as soon as possible, and within seven (7) days to request an amendment.
9.2 If the crafting processes has not commenced, amendments may be approved in writing, at the discretion of Today Tomorrow & Always. Any amendments or variations to the original order may incur additional fees.
9.3 A customer may cancel an order within 24 hours of payment being made. In the event of cancellation, the customer will receive a refund of the amount paid, minus any processing fees, which will be determined by Today Tomorrow & Always.
9.4 Today Tomorrow & Always will not provide a refund for a change of mind; or for any orders cancelled after the 24-hour grace period.
10. Return Policy
10.1 Today Tomorrow & Always is not obliged to accept the return of any goods.
10.2 In the event that a customer requests to return goods, approval may be provided at the discretion of Today Tomorrow & Always, under terms expressed in writing.
11. Refund Policy
11.1 All goods are hand-crafted by Today Tomorrow & Always and contain personal and sentimental inclusions from the customer. Thus, refunds are not provided unless the goods are faulty or contain a manufacturing defect.
11.2 All goods are crafted using epoxy resin and as such, small bubbles may be present. Any small bubbles visible within the goods do not constitute as a defect.
11.3 Variations in colour and texture may occur and do not constitute a defect.
11.4 The customer acknowledges that imagery contained on the Today Tomorrow & Always website and social media accounts are indicative only, and the goods provided may differ. All goods are hand-crafted and as such, may contain unique variations, which cannot be replicated.
12. Warranty
12.1 Except as expressed, Today Tomorrow & Always makes no warranties or other representations under these terms and conditions.
12.2 The customer agrees to abide by all care instructions as provided with the goods. Today Tomorrow & Always will not be held liable for the mistreatment of goods, or failure to follow expressed care instructions.
13. Limitation
13.1 All warranties and/or representations will be void if the customer or any other person:
a) Attempts to modify and/or disassemble any part of the goods;
b) Interferes with or alters any packaging or labelling of the goods;
c) Causes or permits any damage to or contamination of the goods; and
d) Fails to comply with Today Tomorrow & Always care instructions in relation to the use, storage and integrity of the goods.
13.2 The liability of Today Tomorrow & Always to comply with the Australian Consumer Law and/or any other relevant warranty or condition implied by Australian Law, in the event of a failure of the goods, shall be limited to (at Today Tomorrow & Always discretion):
a) The replacement of goods;
b) The cost of replacement of the goods; or
c) The repair of the goods.
14. Safety
14.1 Small items may be a chocking hazard. Do not allow children to bite or suck on goods. Not suitable for children under 3 years.
15. Imagery
15.1 The customer assigns full copyright of imagery taken of any goods ordered by the customer to Today Tomorrow & Always.
15.2 The customer grants Today Tomorrow & Always permission to use the imagery mentioned above, in conjunction with any wording, the unrestricted right to use and publish video and/or photographs of the goods for Social Media, advertising and other business purposes in any manner and medium. Today Tomorrow & Always may only tag and/or utilise wording to describe the customers personal journey and/or situation if express written permission is given by the customer.
15.3 Today Tomorrow & Always may have unrestricted use of this imagery for whatever purpose, including advertising and awards, with any retouching or alteration without restriction. The customer waives their right to inspecting and approving the final imagery prior to use by Today Tomorrow & Always.
More Legal Stuff...
TERMS OF USE
Today Tomorrow & Always [ ABN 69323352270] (“we, us, our”) operates this website at todaytomorrowalways.com.au. Your use of this website and services is conditional upon you accepting these terms of use, and any other terms and conditions and policies we publish or link to on our website and services (“Terms of Use”). “You” could be a website browser, customer, client, subscriber, contributor of content or any other user. By accessing or using our website and services, you are agreeing to be bound by these Terms of Use; if you do not agree, you cannot use our website and services, so please surf elsewhere. We may change these Terms of Use at any time, and by continuing to use or access our website and services, you are accepting those changes.
You must be 18 years old or older to use our website and services. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
You must not use our website and services:
- for any unlawful purpose;
- to infringe any law, or regulation;
- to infringe intellectual property laws including, but not limited to, any copyright laws;
- to transmit any destructive code such as worms, viruses or malware;
- to collect or track the personal information of others.
- to interfere with or circumvent the security features; or
- to spam, phish, spider, or scrape information.
INTELLECTUAL PROPERTY
All of the Intellectual Property Rights in our website and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our website and services. We grant you a non-exclusive, royalty-free, revocable, worldwide licence to use our website and services for your personal use only. You must not reproduce, duplicate, copy, sell, resell or exploit the website or services in any way. In particular, you must not use our website or services for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at admin@todaytomorrowalways.
TERMINATION
We may refuse to provide this website or services to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Use we may immediately terminate your use of our website and services. We can also change, suspend, or stop our website or services or any part of them at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our website and services.
CONTENT
Sometimes content on our website and services will not be accurate, complete or current. Sometimes content may be incorrect or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our website and services is at your own risk.
THIRD PARTIES
Our website and services may include third party links. We have no control over third party links and websites, and we are not responsible for third party materials, content, websites or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.
NO WARRANTIES
We do not represent or warrant that your use of our website and services will be uninterrupted, timely, secure or error-free. We may also remove the website and services on it for indefinite periods of time or cancel the website and services at any time, without notice to you. Our website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.
THIRD PARTY APPS/ SOFTWARE
To enhance our website and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of them. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.
LINKING TO OUR WEBSITE
You must not link from your website to our website without our prior written consent.
LIABILITY AND INDEMNITY
Your use of, or inability to use our website and service is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services including, but not limited to, any errors or omissions in any content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of these Terms of Service, or your violation of any law or the rights of a third-party, or your use of third party apps, software, third party links and services.
OTHER
These Terms of Use are to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Terms of Use survive termination of this Agreement.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, personal injury, death, property damage and legal costs.
We, us, or our includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means todaytomorrowalways.com.au, and everything available on this website including, but not limited to, any products and services.
PRIVACY POLICY
Today Tomorrow & Always is committed to providing quality services to you and this policy outlines our ongoing obligations to you with regards to how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers.
This Personal Information is obtained in many ways including correspondence by email, via our website, surveys, from social media and from third parties. We do not guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Today Tomorrow & Always will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and current. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
Today Tomorrow & Always
c/o Allison Ockenden
PO Box
Cardiff, NSW 2285
OR
Admin@todaytomorrowalways.com.au
And More Legal Stuff....
PRIVACY POLICY
We deal with your personal information in accordance with the Privacy Act 1988 (Cth) (“the Act”) and the Australian Privacy Principles (APPs) set out in the Act. We also comply with the Spam Act 2003 (Cth) which imposes various restrictions on sending emails, and the General Data Protection Regulations ("GDPR") in relation to EU citizens.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We may collect and hold the following personal information:
- Your name, contact details, address, phone number and email;
- Your personal details such as DOB, place of birth, drivers license no. and gender;
- Your job title, opinion, work, business;
- Your browsing history on our website; and
- Records of your communications with us.
HOW DO WE COLLECT THE PERSONAL INFORMATION?
Generally we collect your personal information directly from you, including when you use our social media sites, or our website, or when you call us or email us. However, in some instances we may collect personal information from third parties, for example when we perform a credit check on you. We also use software like cookies to tell us how you use our website. Cookies are tiny digital identifiers that are automatically stored on your computer and help us to personalise our service to you. You can turn them off or delete these at any time in your website browser settings. We need your personal information to provide you with some or all of our products and services.
WHY DO WE COLLECT AND HOLD YOUR PERSONAL INFORMATION?
We collect and hold your personal information to:
- Communicate with you regarding your enquiry, or use of our website and products and services;
- Perform services for you where relevant;
- Comply with our obligations under the law in terms of record keeping;
- Provide information relevant to you;
- Analyse your interaction with our products and services to produce statistical information that we can use to optimise the information, products and services and any advertising we provide to you;
- Provide information to third parties as authorised or required by law.
WHEN DO WE DISCLOSE IT?
We do not sell your personal information, and we do not use your personal information or disclose it to another organisation unless:
- It is reasonably necessary for one or more of the purposes described above;
- Because of the nature of the information or collection, we believe you would expect us to use the information or disclose it;
- It is required or authorised by law, or we suspect something unlawful and it is necessary for us to take action;
- It is necessary to protect the rights, property, health or personal safety of a customer, client, us or the public and it is impracticable to obtain your consent;
- You have provided your consent or it is for a purpose expressly permitted under the Act;
- It is necessary to obtain third party services, such as analytics, data storage or payment service providers.
WHAT IF YOU DON'T WANT IT DISCLOSED?
If you don't want your personal information to be disclosed, please contact us at admin@todaytomorrowalways.com.
STORAGE AND SECURITY
We will take reasonable precautions to protect your personal information, including against loss, unauthorised access, disclosure, misuse or modification. We will ensure that organisations to whom disclosure is made are compliant with the Act.
YOUR RIGHTS TO ACCESS AND DISCLOSURE
There are some other circumstances where we may withhold your personal information including:
- Where the request is frivolous or vexatious;
- Where providing access would have an unreasonable impact on the privacy of another person;
- Where we believe that withholding the personal information is necessary to protect the rights, property, health or personal safety of a customer, client, us or the public; or
- Where the information relates to negotiations or anticipated legal proceedings between you and us.
Except where we are permitted or required by law to withhold your personal information, you have the right to access it. Please email us at admin@todaytomorrowalways.com.
ADDITIONAL PROVISIONS FOR EUROPEAN CITIZENS
If you are a resident of the European Economic Area (“EEA”) you have certain rights and protections under the GDPR regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our website services and information about them. We rely on the following lawful means of processing your personal information:
· Where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent.
· Where we need comply with the law, or act to in an emergency, we will rely on that lawful means of processing your personal information.
If you are an EEA resident, you have various rights including the right to be informed; right of access; right to rectification; right to object; right to restriction of processing; right to erasure or to be forgotten; right to data portability; and right not to be subject to automated processing. If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us at admin@todaytomorrowalways.com.
