Terms of service
TERMS & CONDITIONS
This website is operated by, Holy Cracker Pty Ltd ABN 87 649 817 078 (“Nocturne Australia”). The website’s address is https://shopnocturne.com.au (“Site”). The mailing address for Holy Cracker is 72 Railway Parade South, Chadstone VIC 3148.
Unless otherwise noted, the design of the Site, the Site as a whole and all materials including but not limited to software, source code, text, images that are part of the Site (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Nocturne Australia or its subsidiaries and affiliates. Any use of the Contents without Nocturne Australia’s express written consent is strictly prohibited. No right, title or interest in any Content is granted or transferred to you based on your use of the Site.
The Contents are intended solely for your personal, non-commercial use. Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, non-commercial use only. No right, title or interest in any Contents is granted or transferred to you due to any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any
way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in civil and/or criminal penalties under federal, state, or international laws.
Accuracy of Information on Site
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time. Disclaimer, Limitation of Liability, and Indemnity
CONSUMERS IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED BY LAW.
When an order is placed, it will be shipped to an address designated by you provided the shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting Nocturne Australia Customer Service regarding any claims for damaged and/or lost shipments.
By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Cancellation or Refusal of Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Merchandise & Availability
The merchandise sold through the Site is intended to comply with Australian laws and regulations. If you are a non-Australia based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in Australia. Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this
via e-mail. You will receive a shipping confirmation e-mail once your items have shipped.
Links to Third Party Site
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third-party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
Prohibited Uses of Site
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service. If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service.
Mindful of the high cost of legal dispute, both you and Nocturne Australia agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the dispute shall first try in good faith to settle such
dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: Nocturne Australia, PO Box 123 Chadstone VIC 3148, attention Customer Service. Unless you indicate otherwise in your notice, Nocturne Australia shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from Nocturne Australia through our Site, will be resolved entirely through binding individual arbitration. You may also assert individual claims in small claims court if your claims otherwise qualify.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: HOLY CRACKER PTY LTD (NOCTURNE Australia) and PO Box 123 Chadstone VIC 3148. You agree that the arbitration will be conducted by Australian Disputes Centre of Level 16, 1 Castlereagh Street, Sydney, NSW 2000 pursuant to their rules of Arbitration. You can contact Australian Disputes Centre to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the Australian Disputes Centre’s applicable rules. We will NOT reimburse those fees for claims. Likewise, NOCTURNE AUSTRALIA will not seek legal costs and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AUSTRALIAN DISPUTE CENTRE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NOCTURNE AUSTRALIA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE TO YOU IN ARBITRATION.
Site Policies, Modification and Severability
Effective Date: 28/07/2021
Last Updated: 28/07/2021Questions about the Terms of Service should be sent to us at email@example.com