Terms and Conditions
This website located at theway.com.au (the Website) is owned and operated by The Way Store Pty Ltd (ACN 628 742 192) (The Way).
These Terms and Conditions together with the documents referred to within the Terms and Conditions govern the supply of any Products ordered by you on the Website and your use of the Website. By browsing, accessing, using the Website or ordering a Product, you agree to be legally bound by these Terms and Conditions.
Accessing and using the Website
- You must only use the Website in accordance with these Terms and Conditions and all applicable laws.
- You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
- interfere (or attempt to interfere) with security-related or other features of the Website.
- To place Orders and access some features of the Website, you must register an Account with us. To register an Account, you must:
- give us accurate and current personal information including your name, address and a valid email address;
- be at least 18 years old, and have the capacity to enter into a legally binding agreement with us,
- and in so registering you warrant that you fully comply with these requirements.
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
- You must not use another person’s Account without The Way's, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify The Way immediately and take immediate steps to re-secure your Account (including by changing your password).
- The Way does not warrant that the Website will be available at all times and without disruption.
- You must not link to the Website or any part of the Website in a way that damages or takes advantage of The Way's reputation, including but not limited to:
- in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
- in a way that is illegal or unfair.
- The Way strives to ensure that its Products are described as accurately as possible on the Website, however, The Way does not warrant that the descriptions are accurate. If The Way becomes aware of any inaccurate description, The Way reserves the right to correct any error or omission.
- Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products.
- The Way endeavours to ensure that the Products listed on the Website are current however The Way does not give any undertaking as to the availability of any Product advertised on the Website.
- The Way reserves the right to amend Product prices on the Website at any time.
- Unless otherwise stated on the Website, packaging and postage of Products sold by The Way are at an additional charge which is calculated at the time of purchase.
- When you Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it.
- Once you select a Product that you wish to Order, you will then be informed of the price you must pay including GST and any other charges and all such amounts are in Australian Dollars (unless otherwise stated).
- You must pay for your Order in full at the time of ordering by one of the payment methods on the Website. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. The Way reserves the right to obtain validation of your payment details before providing you with the Product and carry out security checks from time to time.
- If you have made an error with your Order, please contact The Way's customer service team immediately. The Way does not guarantee that it will be able to amend your Order in accordance with your instructions.
- When you place an Order, you will receive an email from The Way that confirms your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between The Way and you will not be formed until you receive a shipment confirmation email from The Way. The Way is not obliged to supply the Product to you until The Way has accepted your Order.
- The Way may in its discretion refuse to accept an Order from you for any reason, including but not limited to:
- unavailability of stock; and
- where The Way suspects that you might on sell Products to other consumers.
- Delivery of your ordered Product/s will be as set out on the Website. Title in the goods passes to you when The Way has received payment.
- The Way aims to deliver Products to you at the place of delivery requested by you within the time indicated by The Way at the time of your Order, but The Way cannot guarantee any firm delivery dates.
- To the extent permitted by law, The Way will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- All risk in the Product (including risk of loss or damage to the Products) passes to you when The Way despatches the Products. From the time when risk passes to you, The Way will not be liable for loss or destruction of the Product.
- Where a Product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, The Way reserves the right to cancel a transaction. Where your credit card has been charged, The Way will refund your credit card for the total amount debited.
- The Way reserves the right to:
- refuse any Order; and
- limit or cancel quantities purchased per person, per household or per Order. Cancellations may include Orders placed by the same customer account, the same credit card and/or Orders that use the same billing and/or shipping address.
- If any changes or cancellations are made to your Order, The Way may attempt to contact you via the contact details associated with your Order.
- All material on the Website, including the text, information, graphics, trading names, logos, design, layout, artwork, downloads, pricing, Products and services (Content) is owned by or licensed to The Way. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of The Way, or as permitted by law. All rights of The Way are reserved.
- Trade marks used on the Website to describe third parties and their Products are trade marks of those third parties.
Linking and Third Party Content
- You must not link to, frame or mirror any part of the Website without The Way’s written authorisation.
- The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of The Way. The Way does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
- You must not:
- use the Website in breach of any applicable laws or regulations;
- use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of The Way);
- use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
- interfere with, disrupt, or create an undue burden on the Website;
- upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- includes an image or personal information of another person unless you have their consent;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive; or
- contains large amounts of untargeted, unwanted or repetitive content.
- Without limiting the above, you will not and will not permit a third party to:
- use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
- use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
- If you believe that a user has breached any of the above conditions, please contact us.
- The Way reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant The Way a non‑exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
- The Way is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than The Way. The Way does not endorse any opinion, advice or statement made by any person other than The Way.
- You agree to indemnify The Way and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of The Way in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of, or failure to comply with, any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
- You must not:
- The Way may use third-party vendors to show its ads on sites on the Internet and serve these ads based on a user’s prior visits to the Website. The Way may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the Website.
- While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual
- The Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and The Way takes no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on the Website to another website does not imply The Way's endorsement, support, or sponsorship of the operator of that website nor of the information and/or Products which they provide
- Linking the Website is not permitted without The Way's prior written approval. The Way reserves the right to serve you with notice if The Way becomes aware of such linking without its approval
By accessing the Website:
- assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website are hereby excluded;
- you agree to indemnify The Way and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
- To the extent permitted by law, The Way does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information on the Website.
- It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. The Way does 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.
- To the extent permitted by law in no event shall The Way, its affiliates and/or related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website and/or these Terms and Conditions.
- The Way's total liability to you shall in no circumstances exceed the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products (each in The Way's sole discretion).
The Way’s Returns Policy (https://theway.com.au/pages/returns-exchanges) is incorporated by reference into these Terms and Conditions. By using the Website, you acknowledge and accept the Returns Policy.
- Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything prior to these Terms and Conditions except as expressly stated in these Terms and Conditions.
- Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. The Way shall have the right to assign or otherwise delegate all or any of its rights or obligations under these Terms and Conditions to any person.
- Force majeure: The Way shall not be liable for any breach of its obligations under these Terms and Conditions where The Way is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to the Way or to The Way at its registered office.
- Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of The Way, its subsidiaries, any holding companies of The Way, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly.
- Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
- Governing law: These Terms and Conditions (and all non-contractual relationships between you and The Way) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
- Change of the Terms and Conditions: The Way reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.
Definitions and interpretation
- In these Terms and Conditions, unless the contrary intention appears:
- Account means the account that you will need to register for on the Website if you would like to submit an Order;
- Order means the order submitted by you through the Website to purchase Products;
- Product means a Product advertised for sale on the Website.
- In these Terms and Conditions:
- headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions;
- words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- references to includes or including or like words or expressions shall mean without limitation.
- In these Terms and Conditions, unless the contrary intention appears: