TERMS AND CONDITIONS
Welcome to The Loop, a free web service, and design-centric network site that fosters collaboration, networking, and productivity in the creative professional community. Our website www.theloop.com.au (the “Site”) is operated and provided by Looped Pty Ltd ACN 150 644 376 ("We," "Us," or "The Loop").
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on The Loop. When utilizing The Loop content, we ask that you give credit where appropriate and don't edit our content – or content that belongs to others without permission. If we've made an error, please let us know. You can reach us at email@example.com
Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these terms and condition.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at the Site and any associated sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of these Terms and Conditions which includes any operating rules or policies that may be published by us at the Site from time to time. The Terms and Conditions and all such operating rules or policies comprise the entire agreement between you and us and supersede all prior agreements between you and us regarding the subject matter contained herein.
IMPORTANT: BY COMPLETING THE REGISTRATION PROCESS, OR USING THE LOOP, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of The Loop. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. GENERAL TERMS AND CONDITIONS
The Loop may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Site. By using this Site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
We are the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from the Sites visitors at several different points on our website.
In order to use our Site, it is necessary for you to disclose personal information, including your name, email address, phone number, credit card details and other any other information reasonably requested in order for us to process orders and provide you customer service
5. DESCRIPTION OF SERVICE
The Loop provides Users with a variety of online services, including but not limited to:
THE LOOP-GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
THE LOOP-CONTENT STORAGE. The Loop does not store your up-loaded original files e.g. Image, Video and Audio assets. All media is converted and optimized for your profile then deleted.
JOB LIST. A directory of jobs in the creative professional community.
PRIVATE EVENTS. A private event is a private gathering or get-together hosted and attended by either The Loop or a group of The Loop users.
PUBLIC EVENTS. A public event is a gathering or get-together that is open to all members of the The Loop community.
OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free The Loop account.
(collectively the “Services”)
5A. USE OF THE SERVICE
a. If you post job listings on the Site, you must:
(i) post one listing per position available;
(ii) only post listings for current positions; and
(iii) ensure that each listing you post is accurate and is not misleading or deceptive.
(iv) use a visible logged in "People' or 'Company' profile to post job listings on the Site
(v) Job listings on the Site is not provided as an anonymous service for 'People' or 'Companies'
b. If you apply for a job on the Site, you must:
(i) have the privacy status of a ‘Community’ or ‘Public’ People profile;
(ii) maintain a ‘People’ profile percentage complete of at least 70%;
(iii) ensure that the content on your profile is accurate and is not misleading or deceptive: and
(iv) use a visible logged in "People' profile to apply for job listings on the Site
(iv) be physically located in Australia or New Zealand
c. Other than as contemplated by these terms and conditions or as agreed by The Loop in writing from time to time, you must not use the Service:
(i) for any commercial purpose whatsoever;
(ii) to advertise, transmit or solicit and commercial messages of any sort;
(iii) to mine or collect information or data;
( iv) to use a 'People' profile for the purposes of recruitment services in contacting individuals with professional opportunities; and/or
(v) in a manner that The Loop considers to be in conflict with the spirit or intent of the Service.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. The Loop does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will The Loop be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
7. USER'S GRANT OF LIMITED LICENSE
You grant The Loop a limited license for the royalty-free, unrestricted, world-wide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display Your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license enables us to feature or use your content in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You also warrant that any "moral rights" in posted materials have been waived. You acknowledge and agree that the display or use of Your Content shall be in the sole discretion of The Loop and Your Content may or may not be included on The Loop website for any reason or no reason at all.
8. USER CONDUCT AND CONTENT
The Site and the Services are provided to you solely for information, entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, The Loop reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services. There is no obligation on us to test the accuracy of your content
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of The Loop, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of the Site is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in The Loop. Appropriate legal action may also be taken for any unauthorized use of The Loop.
d. that The Loop is not responsible for material submitted to The Loop or posted to the Site by Users. The Loop does not pre-screen, monitor, review or edit the Content posted by Users. However, The Loop and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Loop is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to The Loop. You agree to immediately notify The Loop of any unauthorized use of the Service or any other breach of security that you know or suspect.
9. MODIFICATIONS TO SERVICE
The Loop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Loop shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. FEES AND PAYMENT
a. This paragraph 10 only applies if you use part of the Service that you agree to pay The Loop for (including, without limitation, placing a job advertisement on the Job List).
b. The Loop will invoice you upon your use of the relevant part of the Service.
c. You must pay the amount invoiced within 14 days of the date of the invoice using one of the payment methods specified on the invoice.
d. If you fail to make payment by the due date, The Loop may:
• Charge you interest on amounts outstanding at its primary bank’s standard overdraft rate or similar credit interest rate; and
• Remove any job advertisement placed by you on The Loop and disable your profile on The Loop
e. Refunds will be provided where a paid ad is not visible for a considerable amount of time reducing the effectiveness of an advert
f. All prices are shown in Australian Dollars
g. Credit will be instantly applied to the users account to the dollar value purchased upon successful payment
11. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of The Loop, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors. As between The Loop and you, The Loop is the sole owner of all The Loop-generated content on the Site, including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participants in The Loop retain all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to The Loop under this agreement. The Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by The Loop or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service.
e. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark that has not been expressly authorized by us.
You agree to defend, indemnify and hold The Loop, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
13. YOUR CONTRIBUTIONS
You acknowledge and agree that The Loop may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of The Loop, its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Loop assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to The Loop.
b. Any or all Content on the Site may be purged periodically at The Loop's sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by The Loop or submitted to The Loop. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of The Loop, and The Loop does not support or endorse Content posted or submitted by you or any User.
c. In operating this site, The Loop does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to The Loop, will be deemed not to be confidential or secret. By submitting or sending information or other material to The Loop you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct").
14. LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the The Loop Site. Linked Sites are not, however, reviewed, controlled, or examined by The Loop in any way and The Loop is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply The Loop's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall The Loop be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. The Loop reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to The Loop. To seek our permission, you may write to The Loop at firstname.lastname@example.org. We reserve the right, however, to deny permission to link to The Loop or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
15. DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Loop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. PARENTAL PERMISSION
This Site is not intended for use by children under thirteen (13) years of age, and The Loop does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. The Loop may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
17. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE LOOP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. THE LOOP DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. THE LOOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN THE LOOP OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
a. IN NO EVENT WILL THE LOOP, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE LOOP OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE THE LOOP FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THE LOOP, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LOOP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
19. APPLICABLE LAWS / JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of New South Wales, Australia shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with The Loop or relating in any way to your use of the Site shall be in the courts located in New South Wales Australia, and you further agree and expressly consent to the exercise of jurisdiction in such courts in connection with any such dispute, including any claim involving The Loop or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
Any inquiries concerning these terms and conditions of use should be directed to us at email@example.com. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. The Loop may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at firstname.lastname@example.org
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New South Wales.
THE LOOP SHOP - shop.theloop.com.au
Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with Looped Pty Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Looped Pty Ltd retains the right to refuse any order made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
a. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
How a Contract is formed
When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia.
You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Please note that we only accept payment by credit and debit cards where those cards are issued by an Australian or New Zealand-based financial institution.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us 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. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
b. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
Where you order goods to the value of $1,000 or more, including where you place multiple orders that are dispatched simultaneously and arrive in Australia at or around the same time, you may be liable for GST.
We are registered as Looped Pty Ltd so you will see this name on your invoice and on your transaction history if you pay by credit or debit card. Please contact our Customer Care Team if you have any questions about invoicing and payment for goods by emailing firstname.lastname@example.org
Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.
d. Discount Codes
Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
Any further conditions of use relating to any discount code will be specified at the time of issue.
These T&Cs relate to all The Loop promotions, competitions and discount codes (unless otherwise stated).
Only one promotion code can be used per order
Maximum pre-discount spend limit of $500 applies per order
Selected brand exclusions may apply
A promotion code can't be used after an order has been placed
e. Gift Vouchers
Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
f. Returns and Collections
* Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you think that there is a fault with the goods you have received, please let us know straight away by contacting our Customer Care Team email@example.com. Please include as many details as possible about the order and the problem with the goods.
* Returning goods if you change your mind
In addition to your rights in relation to faulty goods, you can return any goods within 7 days of receipt for a refund of those goods or to exchange it for a different product. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them.
If you change your mind about the goods (including the size or colour), the goods returned must be in their original condition, which includes any packaging. For example, framed prints are to be returned along with the original packaging. All goods will be inspected on return.
g. Returns generally
This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind.
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.
We aim to deliver the Product to you at the place of delivery requested by you in your Order.
We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 10 working days from the date of any Order which we accept but we cannot guarantee any firm delivery dates.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery, unless you grant us 'authority to leave'. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
You may grant us an 'authority to leave' when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge's desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you 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.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
We deliver in standard packaging. Any special packaging requested by you is subject to additional charges.
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 a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
charge you for our reasonable storage fee and other costs reasonably incurred by us; or
no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided.
It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
Pro Subscription Terms - The Loop (Looped Pty Ltd)
Updated August 31, 2016
About Pro Subscriptions
Pro is a subscription service for Loop users who want to 'stand out' and be easily contacted.
Pro offer extra features;
- Larger and highlighted profile in people listings / search results
- Contact Me button on list and profile
- Dedicated Pro User Section
- Protected Projects to share with clients
- Pro Badge
In order to create or activate your Pro Subscription, you will be required to create a Loop 'People' account. The login details associated with your Loop membership and/or digital subscription including username and password must not be shared with any other person.
If any misuse of your login details is detected or suspected by The Loop (including the concurrent use of your login details and/or the use of your login details on more than the maximum allowable concurrent sessions), your subscription may be terminated and you will not be eligible for a refund.
Processing and Payment
The Loop will process your Pro subscription purchase as promptly as possible. Your payment details must be verified before your subscription can be activated.
If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time.
Pro subscriptions renew automatically unless you cancel according to our cancellation policy Payment for Pro subscriptions will be direct debited from your provided credit card account.
It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online.
If your credit card expires or your payment method is otherwise invalid, your subscription will automatically be cancelled (after 5 days) and Pro user status revoked.
Unless specified otherwise in the Cancellation policy, all charges are non-refundable.
If for some unforeseen reason your complete access to our services is unavailable for a continuous period of more than 24 hours you may be eligible for a credit of a prorated amount for the period of the service outage. For avoidance of doubt if you are unable to access our services due to problems not related to The Loop then you are not eligible for a refund or credit of any nature.
When you purchase a Pro subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.
Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD).
The Loop reserves the right to change the prices and fees at any time. We will provide you with 14 days' notice if the regular rate of a Pro subscription changes from what was stated at the time of your order.
Price changes will take effect from your next billing date after the notice period. If You do not wish to continue your Pro Subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle.
Third party fees and charges
When you use your Pro subscription, you may incur other additional changes, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
The Loop may at times offer special promotions and offers via the use of a promo code. The specific terms and conditions of each offer will be stated at the time of the promotion and will apply in addition to these Pro Subscription Terms. In the event of any inconsistency between the terms and conditions of a special offer and these Pro Subscription Terms, these Pro Subscription Terms will apply.
By acquiring, redeeming or using a promo code, you agree to these Pro Subscription Terms. You may be required to provide your payment details when you sign up for a promotion using a promo code.
Managing your Digital Subscription
You can manage your Pro account and personal details online.
You can change your payment plan from monthly to annual in My Account. Your first annual payment will be charged on your next billing cycle date.
You can cancel your digital subscription at any time by visiting your My Account page
Pro subscriptions are non-refundable.
When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the Pro User Status and benefits until the end of your current billing period.
The Loop's right to change digital products
The Loop reserves the right to modify the content, inclusions, type and availability of any digital product at any time. In the event your subscription package changes, you will be given 14 days notification prior to when you would need to make a decision to cancel and not be affected. Your package change will automatically take place from your next billing cycle.
If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
You agree that your name, email address, postcode, gender and mobile/telephone number will be collected and stored by The Loop and used for the purpose of managing Your subscription, communicating with You about Your subscription and to notify You of any associated customer offers or benefits or future subscriptions, unless otherwise notified by you.
Pro Subscriptions do not include access to any Loop Products or features that require a user to log-in using an people or company user account, including but not limited to:
Email Newsletter Advertising
You agree that any errors made in entering your contact information and order details are your responsibility and The Loop is not liable for any consequences that may arise as a result of such errors or incorrect information.
To the extent permitted by law, The Loop is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, The Loop’s maximum liability to you is limited to the value of the subscription fee paid within the previous month.
It is your responsibility to ensure that there are sufficient funds available in your account to allow a payment to be made in accordance with a debit request.
It is your responsibility to check your account invoices to verify that the amounts debited from your account are correct and notify The Loop if you believe you are being billed incorrectly. (contact firstname.lastname@example.org)
The Loop will not refund past subscription payments if a subscriber has failed to contact The Loop directly to cancel, or to report unexpected payments.
You agree that all subscriptions provided, benefits accepted or offers made by The Loop shall be deemed to be provided in Australia, notwithstanding your location, and the terms of such subscriptions, benefits and offers shall be governed exclusively by New South Wales law, and the Courts of New South Wales shall have exclusive jurisdiction to determine any such matters that may arise involving or alleged to involve The Loop.
To the extent applicable, The Loop Terms also apply to use of the The Loop by subscribers. Please visit Terms
You acknowledge that these Pro Subscription Terms may be modified by The Loop from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying your subscription.
You will be notified of any changes to these Subscriptions Terms by The Loop via pushdown notifications on your dashboard (logged in) and via email newsletters.
You can also find them by visiting this Terms section of the site.
In these terms:
"Loop", "The Loop", "we" or "us" means Looped Pty Ltd publisher of www.theloop.com.au and www.loop.me
"Subscriber", "Customer" or "You" means a person who is a Pro subscriber to The Loop.