(a) Welcome to https://doseofthe.day (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 DOSEOFTHE.DAY (ABN 38 181 104 715). Access to and use of the Website,
or any of its associated Products or Services, is provided by DOSEOFTHE.DAY. 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) DOSEOFTHE.DAY reserves the right to review and change any of the Terms by updating this page
at its sole discretion. When DOSEOFTHE.DAY updates the Terms, it will use reasonable endeavors
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.
(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 DOSEOFTHE.DAY in the user interface.
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of the
Purchase Services, you may be required to provide personal information about yourself (such
as identification or contact details), including:
- (i) Email address
- (ii) Preferred username
- (iii) Mailing address
- (iv) Telephone number
- (v) Password
- (vi) Other
(b) You warrant that any information you give to DOSEOFTHE.DAY in the course of completing the
registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the
Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate
access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
- (a) you are not of legal age to form a binding contract with DOSEOFTHE.DAY; or
- (b) you are a person barred from receiving the Purchase Services under the laws of Australia
or other countries including the country in which you are resident or from which you use the
Purchase Services.
(a) As a Member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
- (i) the Terms;
- (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant
jurisdictions;
- (iii) you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the immediate cancellation
of the Purchase Services;
- (iv) any use of your registration information by any other person, or third parties, is strictly
prohibited. You agree to immediately notify DOSEOFTHE.DAY of any unauthorised use of your password
or email address or any breach of security of which you have become aware;
- (v) access and use of the Website is limited, non-transferable and allows for the sole use
of the Website by you for the purposes of DOSEOFTHE.DAY providing the Purchase Services;
- (vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation
may be removed from the Website without notice and may result in termination of the Purchase
Services. Appropriate legal action will be taken by DOSEOFTHE.DAY for any illegal or unauthorized
use of the Website; and
- (viii) you acknowledge and agree that any automated use of the Website or its Purchase Services
is prohibited.
(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) Payment of the Purchase Price may be made through PayPal (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.
(c) Following payment of the Purchase Price being confirmed by DOSEOFTHE.DAY, you will be issued
with a receipt to confirm that the payment has been received and DOSEOFTHE.DAY may record your
purchase details for future use.
(d) DOSEOFTHE.DAY may, at their sole discretion, provide a refund on the return of the Products
within 30 days where the Product packaging is unopened and remains in a saleable condition. You
acknowledge and agree that you are liable for any postage and shipping costs associated with
any refund pursuant to this clause.
(a) DOSEOFTHE.DAY's Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major failure of
the Product and compensation for any other reasonably foreseeable loss or damage. You are
also entitled to have the Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major failure (the 'Warranty').
(b) You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship
in the Products within as described on the product page from the date of purchase (the 'Warranty
Period').
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase
to THE BARGAIN BIN AUSTALIA showing the date of purchase of the Products, provide a description
of the Products and the price paid for the Products by sending written notice to DOSEOFTHE.DAY
via email at support@DOSEOFTHE.DAY.
(d) Where the Warranty Claim is accepted then DOSEOFTHE.DAY will, at its sole discretion, either
repair or replace any defective Products or part thereof with a new or remanufactured equivalent
during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree
that you will be solely liable for any postage or shipping costs incurred in facilitating the
Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by DOSEOFTHE.DAY and shall
be the sole and exclusive remedy available to you in addition to other rights and under a law
in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional
excluded items set forth below nor to any supplied Products where the exterior of which has been
damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which
has been altered or modified in design or construction.
(a) You acknowledge that the Purchase Services are offered by DOSEOFTHE.DAY integrate
delivery (the 'Delivery Services') through the use of third-party delivery companies (the
'Delivery Service Providers').
(b) In providing the Purchase Services, DOSEOFTHE.DAY 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 DOSEOFTHE.DAY 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) In the event that an item is lost or damaged in the course of the Delivery Services, DOSEOFTHE.DAY
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 to support@DOSEOFTHE.DAY 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.
(a) The Website, the Purchase Services and all of the related products of DOSEOFTHE.DAY 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 DOSEOFTHE.DAY or its
contributors.
(b) DOSEOFTHE.DAY retains 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:
- (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered
design or copyright of DOSEOFTHE.DAY; or
- (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial
design; or
- (c) 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 DOSEOFTHE.DAY and the permission of
any other relevant rights owners: broadcast, republish, up-load 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.
(a) DOSEOFTHE.DAY takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to DOSEOFTHE.DAY's Privacy Policy, which is available on the Website.
(a) You acknowledge that DOSEOFTHE.DAY does not make any terms, guarantees, warranties,
representations or conditions whatsoever regarding the Products other than provided for
pursuant to these Terms.
(b) DOSEOFTHE.DAY 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) DOSEOFTHE.DAY will not be liable for any special, indirect or consequential loss or damage
(unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), 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 DOSEOFTHE.DAY (including
the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services,
and the Products of DOSEOFTHE.DAY, 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 DOSEOFTHE.DAY 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 DOSEOFTHE.DAY) 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 unauthorized 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.
(a) DOSEOFTHE.DAY'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 DOSEOFTHE.DAY is the resupply of the information or Purchase Services to
you.
(b) You expressly understand and agree that DOSEOFTHE.DAY, 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) DOSEOFTHE.DAY 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 DOSEOFTHE.DAY, by third parties
or by any of the Purchase Services offered by DOSEOFTHE.DAY.
(d) You acknowledge that DOSEOFTHE.DAY does not provide the Delivery Services to you and you
agree that DOSEOFTHE.DAY will not be liable to you for any special, indirect, or consequential
loss or damage, loss profit or opportunity, or damage to goodwill arising out of or n connection
with the Delivery Services.
(a) The Terms will continue to apply until terminated by either you or by DOSEOFTHE.DAY as
set out below.
(b) If you want to terminate the Terms, you may do so by:
- (i) notifying DOSEOFTHE.DAY at any time; and
- (ii) closing your accounts for all of the Purchase Services which you use, where DOSEOFTHE.DAY
has made this option available to you.
(c) Your notice should be sent, in writing, to DOSEOFTHE.DAY via the 'Contact Us' link on our
homepage.
(d) DOSEOFTHE.DAY 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) DOSEOFTHE.DAY is required to do so by law;
- (iii) the partner with whom DOSEOFTHE.DAY offered the Purchase Services to you has terminated
its relationship with DOSEOFTHE.DAY or ceased to offer the Purchase Services to you;
- (iv) DOSEOFTHE.DAY 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 DOSEOFTHE.DAY is, in the opinion of DOSEOFTHE.DAY,
no longer commercially viable.
(e) Subject to local applicable laws, DOSEOFTHE.DAY 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 DOSEOFTHE.DAY's name
or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that
you and DOSEOFTHE.DAY 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.
(a) You agree to indemnify DOSEOFTHE.DAY, 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.
(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 President of the 30 or his or her nominee;
- (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 30, 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 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.
(a) The Purchase Services offered by DOSEOFTHE.DAY 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 Victoria, Australia.
(a) The Terms are governed by the laws of Victoria, 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 Victoria 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.
(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.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
DOSEOFTHE.DAY (“we, us, our”) may receive compensation for recommendations made in reference
to the products or services on https://doseofthe.day. Where required, we adhere to the ACCC
guidelines.
This compensation may be in the form of money, services, products, discounts, or special access
and could exist without any action from a website visitor. Should you purchase a product or service
that was recommended and/or linked on https://doseofthe.day, it is understood that some form
of compensation may be made to us by the owners of that product or service.
For example, if you click on an affiliate link at https://doseofthe.day and then make a purchase
of the recommended product or service, we may receive monetary compensation.
This Affiliate Disclosure has been provided for your protection and to fully disclose any relationship
between us and the owners of any products or services referenced on our website.