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Website Terms of use

Introduction
These terms apply when you use this website, www.bigpartyoz.com or www.bigpartyoz.com.au, and any other websites we operate with the same domain name and a different extension (collectively referred to as “the Website”).

This Website is owned and operated by Big Party Oz (ABN 69 744 106 824).

In these terms, we refer to Big Party Oz Pty Ltd (ABN 69 744 106 824) as “the Company”, “our”, “we”, or “us”.

These terms also apply when you purchase products through this Website (“Products”).

If you use the Website on behalf of a company or organization, you acknowledge and agree that you have the necessary authority to do so. If you use the Website on behalf of your company, employer, or other legal entity (the “Represented Entity”), then “you” means the Represented Entity, and you are binding the Represented Entity to these terms.

For our Privacy Policy, which we adhere to and which you also agree to be bound by, noted below.

If you do not agree to these terms, please stop using the Website immediately.

These terms were last updated in August 2024.

Part A: For When You Buy Products

1.Submitting an Order
(a) By submitting an order for the purchase of a Product using the Website’s functionality (Order), you represent and warrant that:
(i) You have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) You are authorized to use the payment method you provide with your Order (including debit or credit card, ApplePay, GooglePay, PayPal, AfterPay, and Zip).

(b) Submitting an Order constitutes your offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email confirming that your Order is being processed.

2. Accounts and Guests
(a) To submit an Order, you may sign up, register, and receive an account through the Website (an Account). If you do not register an Account, you will need to submit an Order as a “guest”.

(b) During the Account registration process or when submitting an Order as a “guest”, you may be required to provide personal information, such as your email address, name, contact phone number, billing address, delivery address, and payment information. To register an Account, you may also need to provide a preferred username, a secure password, and other information as required.

(c) You warrant that any information you provide during the Account registration process or as a “guest” is accurate, honest, correct, and up-to-date.

(d) Once you complete the Account registration process, we may, at our discretion, accept you as a registered user and provide you with an Account.

(e) You agree to be solely responsible for:
(i) Maintaining the confidentiality and security of your Account information and password; and
(ii) Any activities that occur through your Account, whether authorized by you or not.

(f) You agree to notify us immediately if you detect any unusual activity on your Account or any unauthorized use of your Account.

(g) We are not responsible for, and exclude any liability for damages or loss arising from, a failure by you to maintain the security of your Account information or password.

(h) We may, at our discretion, suspend or cancel your Account for any reason, including failure to comply with these terms.

3. Products
(a) We will endeavor to ensure that the Products provided are substantially the same as those displayed on our Website, or as otherwise agreed in writing before you place your Order. Please note that due to screen display differences, Supplier changes to products and/or packaging, products may not exactly match the images on our Website.

(b) Until the price of your Products is paid in full, title to those Products is retained by the Company or with the Company’s third-party suppliers (as applicable). Risk in the Products will pass to you upon delivery. Delivery must not be refused.

(c) (Product Recalls) If a recall or removal of any product from the market is required by the Company or any government body, and it pertains to a Product you ordered, we will contact you with instructions on what to do next. You agree to cooperate with these instructions. We will cover any costs incurred due to such a recall.

(d) (Promotions) We may offer promotional codes, points, or other discounts. These are valid only through our checkout process as described on our Website, social media, or other written communication from us. We may change the terms of these promotions from time to time.

4. Payment
(a) All prices are:
(i) Per unit (unless otherwise stated);
(ii) In Australian Dollars; and
(iii) Subject to change prior to completing an Order without notice.

(b) (Payment Obligations) Unless otherwise agreed, you must pay for all Products at the time of placing an Order.

(c) (GST Inclusive) Unless otherwise indicated, amounts include GST.

(d) (Card Surcharges) We may charge surcharges for payments made using a credit, debit, or charge card (including Visa, MasterCard, or American Express).

(e) (Online Payment Partner) We may use third-party payment providers (Payment Providers) to collect payments. Payment processing will be subject to the Payment Provider’s terms, conditions, and privacy policies. We are not liable for the security or performance of the Payment Provider.

(f) (Pricing Errors) If we discover an error in the price of your Order, we will contact you to inform you of the correct price. You can then choose to proceed with the purchase at the corrected price or cancel the Order.

(g) (Other Currencies) If you pay in a currency other than Australian Dollars, you may incur foreign transaction fees and taxes applicable to your jurisdiction.

5. Delivery and Shipping
(a) (Delivery Costs) Delivery costs will be added at checkout. Prices displayed are inclusive of delivery to the address you choose.

(b) (Delivery Details) The Company may charge for delivery at any time. Where prices include delivery:
(i) Delivery is to the specific delivery point accepted by the Company; and
(ii) We will deliver the Products according to the shipping information on our Website.

(c) (Change of Address) We are not responsible for incorrect address details. Contact us immediately if you realize your Order details are incorrect. We will make our best effort to update details, but we cannot guarantee changes before processing.

(d) (Multiple Items) For multiple items ordered, we may make part deliveries if stock is not available.

(e) (Consent to Provide Contact Details) We use third-party couriers for delivery. By placing an Order, you consent to providing your contact details to these couriers for delivery updates.

(f) (Delivery Failures) If you are not available to take delivery or provide delivery instructions, your Order may be redirected to a local depot or rescheduled. If not collected or delivered within the specified timeframe, you must contact us to arrange re-delivery at your cost.

(g) (Other Delivery Issues) Delivery times are estimates and subject to delays. We are not liable for any loss or damage due to late deliveries.

(h) (International Orders) We reserve the right to refuse international Orders. Approved international Orders may incur customs and import duties, which are your responsibility. We are not liable for customs costs or delays.

6. Changes to Your Order
6.1 **Cancellation or Change to Your Order by Us**
(a) We reserve the right to cancel your Order or supply fewer Products than ordered, and will notify you as soon as possible.
(b) If payment has been debited:
(i) For a full cancellation, the full amount will be credited back to you; or
(ii) For partial delivery, we will credit you for the Products not supplied. Amounts will be credited to your original payment method.

6.2 Cancellation by You
You may cancel your Order before we confirm processing. Once confirmed, your Order is binding and cannot be changed. We may refuse cancellations or charge a fee if we can recall your Order.

Part B: For When You Browse This Website

9. Access and Use of the Website
You must use the Website in accordance with these terms and applicable laws. Ensure your officers, employees, contractors, and agents also comply.

10. Your Obligations
You must not:
(a) Copy, reproduce, adapt, sell, or otherwise exploit any part of the Website without our express consent;
(b) Use

the Website for any unlawful purpose or in any way that interferes with its proper functioning;
(c) Transmit any harmful code or engage in activities that could damage our Website or systems;
(d) Use the Website in a way that contravenes any applicable laws or regulations.

11. Intellectual Property Rights
(a) All intellectual property rights in the Website, including content and trademarks, are owned by us or licensed to us. You may not use these rights without our permission.

12. Third-Party Links
(a) Our Website may contain links to third-party websites. We are not responsible for the content, privacy practices, or any other aspect of such third-party websites.

13. Cookies and Tracking Technologies
(a) We use cookies and other tracking technologies to enhance your experience. You can manage your cookie preferences through your browser settings.

14. User Content
(a) You grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use any content you post or upload to the Website.

Part C: Liability and Warranties

15. General Warranties
(a) We make no warranties or representations about the accuracy, reliability, or completeness of the Website content.

16. Liability Limitation
(a) To the extent permitted by law, our liability for any loss or damage arising from your use of the Website or Products is limited to the amount paid for the relevant Product.

17. Indemnity
(a) You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses arising from your breach of these terms or use of the Website.

18. Force Majeure
(a) We are not liable for any delay or failure in performance of our obligations due to circumstances beyond our reasonable control.

19. Governing Law and Disputes
(a) These terms are governed by the laws of Australia. Any disputes will be resolved in the courts of Australia.

20. Interpretation

20.1 Definitions
In these terms:
(a) “Order” means an order for Products submitted through the Website;
(b) “Products” means the products you order from us.

20.2 Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

20.3 Entire Agreement
These terms constitute the entire agreement between you and us regarding your use of the Website and purchase of Products, superseding any prior agreements.

21. Contact Us

If you have any questions or concerns about these terms, please contact us at:

Big Party Oz
Email: info@bigpartyoz.com 
Phone: 07 5531 53 55
Address: 30 Strathaird Road, Bundall QLD 4217

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