Website Terms and Conditions of Use.

1. About the Website

1.1. Welcome to www.notstationary.com (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products or Product). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

1.2. The Website is operated by Kapow Enterprises Pty Ltd ATF The Martin Taupau Family Trust (abn: 83636097480) t/a Not Stationary (Not Stationary). Access to and use of the Website, or any of its associated Products is provided by Not Stationary. Please read these terms and conditions (Terms) 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.

1.3. Not Stationary reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Not Stationary 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.

2. Acceptance of the Terms

By proceeding to use or browse the Website, you warrant and acknowledge that you are over 18 years. You accept the Terms by remaining on the Website.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you may be required to provide personal details, and you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a) Name

(b) E-mail address

(d) Mailing address

(e) Telephone number

(f) Password (where applicable).

3.2. You warrant that any information you give to Not Stationary in the course of completing the purchase and/or registration process will always be accurate, correct and up to date.

3.3. If applicable, once you have completed the registration process, you may be a registered member of the Website (Member) and agree to be bound by the Terms.

3.4. Where applicable, as a Member you may be granted immediate access to the Purchase Services and the member portal (Member Portal) where you will be able to see the details of your transactions and orders.

4. Your obligations as a User of the Website and/or a Member

4.1. As a user of the Website and/or a Member, you agree to comply with the following:

4.2. You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) 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;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Not Stationary of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) 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 Not Stationary providing the Purchase Services;

(f) 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;

(g) 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 Not Stationary for any illegal or unauthorised use of the Website; and

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

5. Purchase of Products

5.1. 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 (Purchase Price).

5.2. Payment of the Purchase Price may be made through the payment options provided through the available payment provider or providers (Payment Gateway Providers).

5.3. 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.

5.4. Following payment of the Purchase Price being confirmed by Not Stationary, you will be issued with a receipt to confirm that the payment has been received and Not Stationary may record your purchase details for future use.

5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.

5.6. Not Stationary reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

6. Use of Products

6.1. By purchasing a Product from Not Stationary, you agree to carefully read and follow the instructions of use included with each product.

6.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product, where applicable.

7. Shipping and Product Delivery

7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Not Stationary is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Not Stationary will strive to meet the requirements of your anticipated delivery date. However, Not Stationary will not be liable for any losses you suffer due to a delay.

7.2. You acknowledge that the Purchase Services offered by Not Stationary integrate delivery (Delivery Services) through the use of third-party delivery companies (Delivery Service Providers).

7.3. In providing the Purchase Services, Not Stationary may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Not Stationary is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

7.4. Not Stationary currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Not Stationary can ship to both commercial and domestic addresses.

7.5. If an item is lost or damaged in the course of the Delivery Services, Not Stationary asks that you:

(a) Contact the Delivery Service Provider directly to request a refund; and

(b) Contact Not Stationary by sending an email to hello@notstationary.com outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Returns and Refund Policy

8.1. Not Stationary wants you to be satisfied with your Product. If you have any issues with Not Stationary Products, please e-mail hello@notstationary.com

8.2. Not Stationary does not provide refunds for change of mind.

8.3. If you have received the incorrect Product or your Product is faulty or damaged, Not Stationary will provide a refund on the return of the Product. To request a refund and organise a return for this reason please e-mail hello@notstationary.com and provide your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be returned to Not Stationary unopened, and its original saleable condition.

8.4. If your Product is returned to Not Stationary without the original packaging or is deemed unfit by Not Stationary’s inspection team for any reason, Not Stationary reserves the right to deny your refund request, and this decision will be made at the discretion of Not Stationary.

8.5. Please include your order name and order number in all correspondence to Not Stationary.

8.6. Upon receipt of the Product from you, Not Stationary will notify you once the Product has been inspected and will advise you if the refund request has been approved. If the refund request is approved, you will be refunded for the Purchase Price via the original payment method. Please be mindful that it can take some time for your bank or credit card company to process the refund.

8.7. If you make a refund request and arrange to return the Product to Not Stationary, you will be responsible for all return shipping and delivery fees.

8.8. Not Stationary will not accept returns or refund requests for Products that are damaged from misuse.

8.9. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.

8.10. In the following situations, no refund or return will be available:

(a) Denied acceptance of delivery by receiver;

(b) Inaccurate delivery address;

(c) Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Not Stationary for a return fee charged to the initial payment method.

9. Cancellation of Orders

9.1. Once payment for an order has been accepted, no cancellations are permitted.

9.2. Where a Product has been listed at an incorrect price or has incorrect written information or images, Not Stationary reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

10. Warranty

10.1. Warranty on Planners

(a) Not Stationary wants you to be satisfied with your planner (Planner) and therefore provides peace of mind through a 1 year limited warranty.

(b) You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Planner within 1 year from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Not Stationary showing the date of purchase of the Planner, provide a description of the Planner and the price paid for the Planner by sending written notice to Not Stationary by email at hello@notstationary.com

(d) Where the Warranty Claim is accepted then Not Stationary will, at its sole discretion, either repair or replace any defective Planner or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Not Stationary and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Planner to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Planner nor to any supplied Planner where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified.

(h) We recommend avoiding exposure of the Planner to harsh conditions such as placing the Planner in direct sunlight which could result in damage. Planners should be cleaned by gently wiping with a damp cloth.

10.2. Warranty under Australian Consumer Law

(a) Not Stationary’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Consumer Law Warranty). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

(b) If you have received a Product that you believe is faulty or defective, please contact hello@notstationary.com with photographic proof.

11. Information and Product Disclaimer

11.1. Any information provided to you by Not Stationary regarding the use of any Product is general in nature only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

11.2. Not Stationary makes no representation, warranty, expressed or implied, as to the product's effect, benefit, or use and takes no responsibility for any results obtained when using the Products.

11.3.Not Stationary will not be liable for any damage, loss or any result based on your use of Not Stationary Products.

12. Copyright and Intellectual Property

12.1. The Website, the Purchase Services and all of the related products of Not Stationary are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Not Stationary or its contributors.

12.2. Not Stationary retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Not Stationary; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

12.3. You may not, without the prior written permission of Not Stationary and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

13. Privacy

Not Stationary takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Not Stationary’s Privacy Policy found on the Website.

14. User Generated Content

14.1. If you choose to contribute any content to the Website or any other platform operated by Not Stationary, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

14.2. By contributing content to the Website, you grant Not Stationary a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Not Stationary.

14.3. Additionally, if you post Your Content with any personal information, including identifying information such as location or name, you agree Not Stationary can use that information with your User Content for advertising and promotional purposes, or any other business purpose.

14.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Not Stationary social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have the permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Not Stationary. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

14.5. Please ensure you keep your own copies of Your Content as Not Stationary may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

14.6. Not Stationary will endeavour to provide you with an appropriate credit when using Your Content on Not Stationary platforms, though you understand and agree this may not always be possible.

14.7. Not Stationary reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

15. Mailing List

15.1. You may be given the option to register for the Not Stationary Mailing List (Mailing List).

15.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name

15.3. By subscribing to the Mailing List, or purchasing a Product from Not Stationary, you agree to receive promotional material, updates and other content from Not Stationary. You may unsubscribe from the Mailing List at any time.

16. Force Majeure

16.1. If circumstances beyond Not Stationary’s control prevent or hinder its provision of the Products, Not Stationary is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Not Stationary may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

16.2. Circumstances beyond Not Stationary’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

17. General Disclaimer

17.1. You acknowledge that Not Stationary does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those provided for pursuant to these Terms.

17.2. Not Stationary will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.

17.3. 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.

17.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Not Stationary 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), injury, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services, Products 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.

17.5. Use of the Website, the Purchase Services, and any of the Products is at your own risk. Everything on the Website, the Purchase Services, and the Products are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Not Stationary make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Not Stationary) 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:

(a) 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;

(b) 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);

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

18. Limitation of Liability

18.1. Not Stationary's total liability arising out of or in connection with the Purchase Services, Products 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 Not Stationary is the resupply of the information or Purchase Services to you.

18.2. You expressly understand and agree that Not Stationary, its affiliates, employees, agents, contributors, third-party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which you may incur, however caused and under any theory of liability. This shall include, but is not limited to, any injury, loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

18.3. Not Stationary 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 Not Stationary, by third parties or by any of the Purchase Services offered by Not Stationary.

19. Termination

19.1. The Terms will continue to apply until terminated by either you or by Not Stationary as set out below.

19.2. If you want to terminate the Terms, you may do so by:

(a) notifying Not Stationary at any time; and

(b) closing any membership that you use, where Not Stationary has made this option available to you.

19.3. Your notice should be sent in writing to Not Stationary via e-mail to hello@notstationary.com

19.4. Not Stationary may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Not Stationary is required to do so by law;

(c) a partner with whom Not Stationary offered the Purchase Services to you has terminated its relationship with Not Stationary or ceased to offer the Purchase Services to you;

(d) Not Stationary is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(e) the provision of the Purchase Services to you by Not Stationary is, in the opinion of Not Stationary, no longer commercially viable.

19.5. Subject to local applicable laws, Not Stationary reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Not Stationary’s name or reputation or violates the rights of those of another party.

19.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Not Stationary have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

20. Indemnity

You agree to indemnify Not Stationary, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) 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;

(b) 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

21. Dispute Resolution

21.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

21.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

21.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held at a location to be agreed between the parties.

21.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

22. Venue and Jurisdiction

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 Queensland, Australia.

23. Governing Law

The Terms are governed by the laws of Queensland, 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 Queensland, 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.

24. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

25. 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.