Terms | The Sugar Hobby

Website Terms & Conditions of Use

1. About the Website

(a) Welcome to www.thesugarhobby.com. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website. The Website provides this service by way of granting you access to the content on the Website.
(b) The Website is operated by The Sugar Hobby (ABN 46 297 682 856). Access to and use of the Website, or any of its associated Products or Services, is provided by The Sugar Hobby. Please read these terms and conditions 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) The Sugar Hobby reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Sugar Hobby 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

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 The Sugar Hobby in the user interface.

3. User of Purchase Services

(a) You may not use the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with The Sugar Hobby; or

(ii) 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.

4. Your obligations as a User

(a) As a User, 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 The Sugar Hobby 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 The Sugar Hobby 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 The Sugar Hobby for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(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.

(b) Payment of the Purchase Price may be made through Stripe or PayPal. 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 The Sugar Hobby, you will be issued with a receipt to confirm that the payment has been received and The Sugar Hobby may record your purchase details for future use.

(d) You acknowledge and agree that no refunds will be provided, since all purchases are digital and are deemed "used" once paid for.

6. Warranty

(a) Limited Warranty: The Sugar Hobby warrants that the information provided through our digital products, including but not limited to descriptions, specifications, and instructions, will be presented in a clear and understandable manner.

(b) Scope of Warranty: This limited warranty applies to the accuracy and clarity of information presented within the digital products, as well as any accompanying documentation provided by The Sugar Hobby.

(c) Exclusions: This warranty does not cover any issues or defects resulting from misuse, unauthorized alterations, failure to follow provided instructions for the digital products, or information that is subject to change or update over time.

(d) Remedies: In the event that inaccuracies or lack of clarity are identified within the information provided, The Sugar Hobby will make commercially reasonable efforts to correct and update the information as promptly as possible.

(e) Disclaimer of Warranties: Except for the express limited warranty provided above, The Sugar Hobby expressly disclaims all other warranties related to the accuracy and clarity of information, whether express or implied.

(f) Limitation of Liability: The Sugar Hobby's liability for inaccuracies or lack of clarity in the information provided shall be limited to the extent permitted by applicable law, and in no event shall our liability exceed the purchase price of the digital product.

(g) Claims Process: To make a warranty claim, the customer must comply with the following:

(i) Notification of Claim: In the event that a customer believes that a digital product is not in conformity with the warranty provided, the customer must notify The Sugar Hobby of the alleged issue in writing, providing a detailed description of the non-conformity and any relevant supporting documentation.

(ii) Assessment of Claim: Upon receipt of a valid claim, The Sugar Hobby will undertake an assessment of the alleged non-conformity. This may involve requesting additional information from the customer or conducting internal evaluations of the digital product.

(iii) Resolution of Claim: If the assessment confirms that the alleged non-conformity is covered by the limited warranty, The Sugar Hobby will, at its discretion, take commercially reasonable efforts to address the non-conformity within the scope of the limited warranty. This may include providing updates, patches, or alternative remedies as available, but does not extend to issuing refunds.

(iv) Customer Cooperation: The customer is required to cooperate with The Sugar Hobby in the process of assessing and resolving the claim, including providing requested information and granting access to relevant systems or files as reasonably necessary.

(v) Timeframe for Claims: Any claims under the limited warranty must be submitted within a reasonable period, which begins at the time the alleged non-conformity is or should have been discovered.

(vi) Contact Information: Claims under the limited warranty should be directed to The Sugar Hobby at jath@thesugarhobby.com.

7. Copyright and Intellectual Property

(a) Ownership: All content and materials provided on this website and in the digital products, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and data compilations, are the property of The Sugar Hobby unless otherwise indicated. Such content is protected by intellectual property laws, including copyright and trademark laws.

(b) Use of Content: Visitors to this website may view, download for caching purposes only, and print pages or other content for their personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

(i) Republish material from this website (including republication on another website);

(ii) Sell, rent, or sub-license material from the website;

(iii) Show any material from the website in public;

(iv) Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;

(v) Edit or otherwise modify any material on the website; or

(vi) Redistribute material from this website except for content specifically and expressly made available for redistribution.

8. Privacy

The Sugar Hobby takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to The Sugar Hobby's Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) You acknowledge that The Sugar Hobby does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) The Sugar Hobby will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes and colours 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) 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 The Sugar Hobby is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Sugar Hobby, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. The Sugar Hobby including any third party do not make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Sugar Hobby) 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.

10. Limitation of Liability

(a) The Sugar Hobby'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 The Sugar Hobby is the resupply of information or Purchase Services to you.

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

11. Indemnity

(a) You agree to indemnify The Sugar Hobby, 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. Venue and Jurisdiction

The Purchase Services offered by The Sugar Hobby are intended to be used by residents worldwide. 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, or through online dispute resolution mechanisms, at the discretion of The Sugar Hobby.

13. Governing Law

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.

14. Severance

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.