Terms and Conditions

Terms of Trade

1)  Agreement

a)  These terms and conditions (including the Terms of Trade, Website Terms of Use and Privacy Policy, altogether the “Terms”) are a legal agreement (the “Agreement”) between you (“you”) and Amanda Consulting Pty Ltd (ACN 110 553 690) trading as makingtime (“we”, “us” and/or “makingtime”) which applies to your use of the makingtime website (the “Website”) and goods and services (“Product/s”) ordered and purchased by you via the Website.

b)  You may contact us with any queries you may have in respect of these Terms via email at info@makingtime.net.au

c)  Your access to the Website or submission of an order to purchase Products shall constitute your unqualified acceptance of these Terms and the Agreement.

2)  Orders

a)  When making an order to purchase Products, you must follow the instructions on the Website as to how to make your order and for making changes to your prospective order before you submit.

b)  Irrespective of any previous advertised price, once you select the Products that you wish to order, you will then be shown or told the charges you must pay including GST, if applicable, and any applicable delivery charges.

c)  Unless otherwise stipulated on the Website, all charges are in Australian Dollars.

d)  Products shall be paid for in full at the time of ordering by Paypal, or by any other method specified by makingtime from time to time.

e)  No Products shall be supplied before we have received cleared funds in full.

f)  You warrant that all details you provide to us for the purpose of completing the order will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product.

g)  We reserve the right to obtain validation of your payment details before providing you with the Product.

h)  We will not be held liable for any loss you incur arising from your use of any particular payment method unless caused by our fraud or the fraud of our employees.

i)  We shall not be obliged to supply the Product to you until we have accepted your order and until such time as we accept your order, we reserve the right to refuse to process your order.

j)  We may in our absolute discretion refuse to accept an order from you for any reason (including due to timing of placement of order or availability of Products) or we may offer you an alternative Product (in which case we may require you to re-submit your order).

k)  If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact us by email at info@makingtime.net.au immediately, however, we cannot guarantee that we will be able to amend your order in accordance with your instructions.

l)  All payments are non-refundable, except as otherwise expressly provided in these Terms.

3)  Delivery

a)  The final price quoted on the payments page on the Website is the price of the order including delivery to the stated destination, however, for overseas purchases any delivery charge does not include possible taxes and duties which may be applied by customs in the country where the order originated and you will be solely responsible for any customs duties, foreign taxes and other fees which may be imposed.

b)  Delivery of the Products shall be made to the address stipulated by you in the order.

c)  You shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.

d)  Delivery of the Products to a third party nominated by you is deemed to be delivery to you for the purposes of this Agreement.

e)  Any delivery date specified in the order is made in good faith as an estimate only and makingtime shall incur no liability whatsoever if such date is not met, nor will we be liable for any loss or damage whatever due to our failure to deliver the Products (or any of them) promptly or at all.

f)  To the extent necessary, you grant us an ‘authority to leave’ when delivering your Products, and understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.

g)  Unless otherwise specified, all risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under this Agreement, risk shall pass at the date when delivery would have occurred but for your breach and from the time when risk passes to you, we will not be liable for loss or destruction of the Product.

h)  If you do not receive the Products ordered within 30 days of the date on which you ordered them, makingtime shall bear no liability to you unless you notify makingtime by email at info@makingtime.net.au within 30 days of the date on which you ordered the Products.

4)  Force Majeure

a)  Makingtime shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage of defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

5)  Damage or defects

a)  You shall inspect the Products on delivery and shall within seven (7) days of delivery notify us by email at info@makingtime.net.au of any alleged defect, shortage in quantity, damage or failure to comply with the description or order.

b)  You shall afford us an opportunity to review or inspect the Products within a reasonable time following delivery if you believe the Products are defective in any way.

c)  If you fail to comply with these provisions, the Products shall be conclusively presumed to be in accordance with these Terms and free from any defect or damage.

d)  For defective Products, makingtime’s liability is limited in our absolute discretion to either crediting the costs of the faulty Products, replacing the Products, or repairing the Products, provided that:

i)     you have complied with the provisions of this clause 5;

ii)   the Products are returned to makingtime at your cost within seven (7) days of the delivery date to us at makingtime, PO Box 2127, Clovelly, NSW 2031 Australia; and

iii)the Products are returned in the condition in which they were delivered.

e)  Your failure to diligently record the receipt of damaged goods, or inability to provide the relevant documentation may entitle us to refuse any refund, replacement or repairs in our absolute discretion.

f)  To the extent permitted by law, our total liability in respect of all claims in connection with this Agreement for any cause will be the total sum of all fees paid or payable by you under this Agreement up until and including the date the cause of action accrued.

g)  Nothing in these Terms affects statutory rights you might have as a consumer under applicable local law that may not be excluded.

 

Website Terms of Use

1)  Agreement

a)  By accessing the Website or placing an order for Products, you are also deemed to agree to and to accept the following terms of use for the Website, so if you do not agree to these Terms you should cease using the Website immediately.

2)  Privacy Policy

a)  Makingtime is committed to protecting your privacy and please refer to our Privacy Policy below for information on how we collect, use and disclose personal information.

b)  From time to time you may be required to give us certain sensitive personal information, so you consent to your personal (and if applicable) sensitive information being used for the purpose of us delivering Products to you, and otherwise the reasons set out in our Privacy Policy.

3)  Use of the Website

a)  As a User, you are specifically prohibited from:

i)  downloading, copying, distributing or re-transmitting any part of the Website or any content on the Website (“Site Content”) without our written license or agreement of;

ii)bypassing (or attempt to bypass) any security mechanisms imposed by the Website;

iii)    using any data mining, robots or similar data gathering or extraction methods on any part of the Website or the Site Content;

iv)altering, adapting, modifying or manipulating any part of the Website or the Site Content, or manipulating or otherwise displaying the Website or the Site Content by using framing or similar navigational technology;

v)  posting or transmitting or permitting the posting or transmission of any material which contains a computer virus or other harmful data, code or material;

vi)exploiting the Website, Products or Site Content for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person, including:

  1. the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests;
  2. sale of access to the Products or Website or its related services on another website;
  3. any use of the Website or its related services that we find, in our sole discretion, to use our resources or Site Content with the effect of competing with or displacing the market for makingtime or Site Content;
  4. providing access or links to any material from the Website to individuals other than yourself;
  5. providing access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person;
  6. deleting or altering or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website, Products or Site Content;
  7. harvesting or collecting email addresses, photographs or personal information of other users;
  8. impersonating any person or entity, or posting or transmitting false or misleading material or make any form of misleading or deceptive representation;
  9. posting any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; or
  10. posting or transmitting any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind, or any material in contempt of any court or parliament, or encouraging any other person to do so.

b)  You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, trade mark, copyright and intellectual property laws, the laws of privacy and publicity, applicable communications regulations and statutes those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

4)  Intellectual Property Rights

a)  Unless otherwise indicated and except for any functionalities provided by external websites, all Site Content and all other material included on the Website and Products (such as, but not limited to content, materials, recipes, exercise programs, text, graphics, logos, icons, images, audio and video clips, sound recordings, digital downloads, data compilations, software and advertisements) are either the property of makingtime or its content suppliers and are protected by international laws of copyright, trade dress, moral rights, trade mark and other laws relating to the protection of intellectual property.

b)  All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

c)  We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website, the Products and their content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written consent.

d)  If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at info@makingtime.net.au

5)  Disclaimers

a)  Links: the Website may contain links to other websites. Makingtime is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by us and inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

b)  By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

c)  Third Party Sites: When you access these third-party sites, you do so at your own risk and we take no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

d)  Technical Issues: Makingtime is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to your or any other person’s computer related to or resulting from participation or downloading materials in connection with the Website or Products and we disclaim all liability for any Products that cannot be delivered due to technological malfunctions beyond our reasonable control.

e)  Territory: The Website is controlled and offered by makingtime from its facilities in Australia so those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6)  Limitation on Liability & Indemnity

a)  In no event shall makingtime be liable to you or any third party for any loss, damage or claim in connection with their use of the Website, even if we have been advised of the possibility of such and even in the event of any breach of this Agreement by us the remedies of you shall be limited to damages and under no circumstances shall our liability exceed the price of the relevant Products paid by you.

b)  You agree to indemnify and hold makingtime, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

c)  Makingtime shall be under no liability whatever to you for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach of this Agreement.

7)  Consent

a)  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

b)  By accessing the Website and/or ordering Products, the parent/guardian of users under the age of 18 (“Minors”) agrees that they have read and consent to these Terms. Parents/guardians may be required by us to enter into a further agreement as evidence of consent to the Minor entering this Agreement.

c)  Both the Minor and his or her parent/guardian acknowledge and confirm that the Minor understands the nature of his or her rights and obligations under this Agreement, that the Minor’s commitment to this Agreement is for his or her benefit, and that these Terms shall be binding as a result.

8)  General

a)  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

b)  This Agreement constitutes the entire agreement between you and makingtime regarding the use of the Website and Products.

c)  The failure of makingtime to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

d)  If any provision of this Agreement or shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

e)  This Agreement and all transactions undertaken through the Website are governed by the laws of NSW and any legal actions arising out of such transactions shall be under the jurisdiction of the courts of NSW and makingtime takes no responsibility for changes in the law which affect the Products supplied.

f)  We reserve the right to amend these Terms from time to time and your continued use of the Website, or subsequent purchase of Products following the posting of any changes to these Terms constitutes acceptance of those changes.

g)  You agree that any cause of action must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

 

Privacy Policy

General policy

1)  We understand that your privacy is very important, and respects the privacy of individuals. This policy governs the collection, use and disclosure of personal information.

2)  There are a number of ways that you can access, view, participate and interact with us, which include (but are not limited to):-

a)  online purchasing of products;

b)  interactions with and contributing to online platforms and content, and on second devices;

c)  newsletters, promotions and marketing;

d)  competitions;

e)  through third party login platforms such as Facebook, Instagram, Twitter; and

f)  through third party affiliate organisations and joint ventures.

3)  The services listed above and other activities undertaken by makingtime from time to time are, altogether, our “Functions and Activities”.

4)  When you share information with makingtime, we aim to make these Functions and Activities even better, and may allow third parties and brands who are also involved in our Functions and Activities to improve their products and services, but we do not provide your personal information to third parties unless you have agreed for us to do so.

Collection of solicited personal information

1)  We collect personal information where it is reasonably necessary for its Functions and Activities.

2)  Where makingtime requests personal information in relation to its Functions and Activities, we will state the general purposes for its use and to whom it may be disclosed, and the main consequences, if any, if the information is not provided.

Anonymity and Pseudonymity

1)  Where it is impractical for makingtime to provide and perform its Functions and Activities in relation to an individual who has not identified themselves, we may ask for identifying information, but if you do not comply with this request, then you may be prevented from accessing or using makingtime’s services.

Collection of unsolicited personal information

1)  If makingtime receives an individual’s personal information in circumstances where this information has not been requested, then we will, as soon as reasonably practical, determine whether or not such personal information is relevant to its Functions and Activities.

2)  If makingtime would not ordinarily have collected this information, then it will be destroyed, if it is lawful and reasonable to do so.

3)  If makingtime retains unsolicited personal information, because it is necessary and related to its Functions and Activities, then it will inform an individual of the fact that it has collected this information and the circumstances of this collection, and the terms of this Privacy Policy will then be applicable to that personal information.

Notification of the collection of personal information

1)  At the time that makingtime collects an individual’s personal information (or as soon as reasonably practical), makingtime will notify an individual that this information has been collected, and the circumstances of that collection.

Use of personal information

1)  We use the personal information that it collects to fulfil its Functions and Activities, to provide opportunities to individuals, and to keep individuals informed of makingtime’s business, and the products and services that it provides.

2)  We try to ensure, that as far as is practicable, this information is accurate, up to date, and complete.  

3)  We may use personal information from time to time to send marketing material that we consider will be useful but if makingtime is notified that a person does not wish to receive such information, it will not send it to that person, but this does not apply to information that makingtime is legally required to send.

Disclosure of personal information

1)  Generally, makingtime will obtain consent before it discloses any personal information.

2)  Consent may be given expressly or it may be implied by conduct.

3)  Depending on the product or service, personal information may be disclosed to:-

a)  third party clients of makingtime and other promotional partners who participate in makingtime’s Functions and Activities;

b)  social media companies such as Facebook, and other public forums in which you choose to participate and through which you access makingtime’s services; and

c)  any other person authorised, implicitly or expressly, when the personal information is provided to or collected by makingtime.

Transborder data flows

1)  We may disclose personal information to overseas recipients, where makingtime’s related parties and promotional partners have overseas subsidiaries or an individual uses a third party platform such as Facebook connect to use makingtime’s services, and the servers for that platform are not located in Australia.  

2)  Whilst makingtime uses its best endeavours to protect personal information, individuals should be aware that the Australian privacy law or a law providing for similar privacy protections may not apply to an overseas entity’s use of their personal information.

Security of personal information

1)  We take all reasonable steps to protect personal information it holds from loss, unauthorised access, modification, disclosure, interference or other misuse. and will take reasonable steps to destroy or permanently de-identify personal information we hold if it is no longer needed for makingtime’s Functions and Activities.

Sensitive personal information

1)  We do not generally collect any sensitive information as that term is used in the privacy legislation (including information relating to racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history) and will only collect sensitive information where required by law or with consent and that information is reasonably necessary for, or related to one of its Functions or Activities.

2)  If we hold any sensitive personal information, that information will only be used and disclosed by makingtime for the purpose for which it was provided and if we ask for sensitive information, we will explain this.

Access to personal information

1)  A person may request access to personal information that we hold about them and we will process such requests within a reasonable time and in the manner, if any, requested, but if we deny an access request, we will provide reasons for doing so.

Correction of personal information

1)  We will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date.

2)  makingtime should be promptly notified if there are any changes to an individual’s personal information.

3)  A person may ask makingtime at any time to correct personal information held by it about them and on request, or if makingtime becomes aware that personal information which it holds is inaccurate, out-of-date, incomplete or irrelevant or misleading, makingtime will take reasonable steps to correct the information so that it is accurate, complete and up to date, and will also notify any third parties, to which this information has been disclosed, of these corrections, but if makingtime does not make changes in response to a request, it will provide reasons for not doing so.

Express consent to collection, storage, use and disclosure

1)  In addition to the other consents provided by you above, by agreeing to accept the terms of this Privacy Policy, or by providing your personal information to us, or both, you are taken to have expressly consented to the collection, storage, use and disclosure of your personal information for each of the purposes and to all of the parties outlined in this Privacy Policy.
Changes to this policy

1)  We may amend this policy from time to time, and the policy will be published on our website.

2)  Please note that the Privacy Act 1988 contains certain exemptions which may permit us to use your personal information in a particular way if specific circumstances arise and any such exemptions under the Privacy Act will take priority over this Privacy Policy to the extent of any inconsistency.