Terms and conditions

WEBSITE TERMS AND CONDITIONS OF USE

1.1. Welcome to ww.outbackbugs.com.au. On this website you will be able to browse and purchase various products that have been listed for sale on the Website (the “Products”). In order to provide you with this service, the Website grants you access to the content of the Website (the ‘Purchase Services’).

1.2. The website is operated by Outback Bugs (ABN: 32957953586). Outback Bugs provides access to and use of the Website as well as any of its associated Products and Services. Carefully review the following terms and conditions (the “Terms”). In using, browsing, and/or reading the Website, you acknowledge having read, understood, and agreed to be bound by these Terms. You must cease using the Website, or any Services, if you do not agree with these Terms.

1.3. Outback Bugs reserves the right to update this page at its sole discretion at any time in order to review or modify any of the Terms. If Outback Bugs updates the Terms, it will use reasonable efforts to notify you as soon as possible. All changes to the Terms are effective immediately upon publication. We recommend that you keep a copy of the Terms for your records before continuing. You have 12 hours after delivery to send a photo of a deceased bug you ordered in order to get a refund, by confirming your order you agree to this.

2. Acceptance of the Terms

Remaining on the Website indicates your acceptance of the Terms. Additionally, you may accept the Terms by clicking to accept or agree to the Terms in the user interface when this option is provided by Outback Bugs or by confirming your order you expect the terms.

3. Registration to use the Purchase Services

3.1. You must first register as a user of the website in order to access the Purchase Services. If you choose to register for the Purchase Services, or if you continue to use the Purchase Services, you may be required to provide certain personal information (such as identification information or contact details), including:

(a) Email address

(b) Mailing address

3.2. In the course of completing the registration process, you warrant that all the information you provide to Outback Bugs will be accurate, correct, and up-to-date.

3.3. The registration process will result in you becoming a registered member of the Website (‘Member’) and agreeing to be bound by the Terms. After becoming a Member, you will have immediate access to the Purchase Services.

3.4. In the following circumstances, you may not use the Purchase Services or accept the Terms:

(a) If you are under the legal age to enter into a binding contract with Outback Bugs; or

(b) The Purchase Services may not be provided to you if you are ineligible under the laws of Australia or other countries, including the country where you live or from which you use the Purchase Services.

4. Your responsibility as a Member

4.1. You, as a Member, agree to adhere to the following requirements: You will use the Purchase Services only for the purposes stated below:

(a) the Term;

(b) If there are any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdiction;

(c) It is your responsibility to safeguard the confidentiality of your password and/or email address. In the event that your password is misused by anyone other than you, your Purchase Services may be immediately terminated;

(d) If any other person or third party attempts to use your registration information, such use is strictly prohibited. Any unauthorized use of your password or email address or any breach of security that you become aware of must be immediately reported to Outback Bugs;

(e) You may access and use the Website for no more than the purpose of Outback Bugs providing the Purchase Services, and usage is limited, non-transferable;

(f) You will not make use of the Purchase Services or Website for any illegal and/or unauthorized purpose, including collecting email addresses from Members in order to send unsolicited email or framing the Website for unauthorized purposes;

(g) The Purchase Services may be terminated without prior notice if commercial advertisements, affiliate links, or other forms of solicitation are removed from the Website. In the event of any illegal or unauthorized use of this site, Outback Bugs will take the appropriate legal action; and

(h) It is your responsibility to ensure that you are aware that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. If you choose to use the Purchase Services to purchase the Product via the Website, you agree to pay the purchase price for the Product as indicated on the Website (the ‘Purchase Price’).

5.2. The Purchase Price is payable via “Paypal” (the “Payment Gateway Provider”). It is your responsibility to ensure that you are familiar with all applicable Terms and Conditions of Use, Privacy Policies and other relevant legal documentation provided by the Payment Gateway Providers before using the Purchase Services. This also applies to “Afterpay”

5.3. Upon confirmation by Outback Bugs of the payment of the Purchase Price, you will be provided with a receipt to acknowledge the receipt of payment. Outback Bugs may record your purchase information for future use. You have 12 hours after delivery to send a photo of a deceased bug you ordered in order to get a refund, by confirming your order you agree to this.

6. Warranty

6.1. Under the Australian Consumer Law, Outback Bugs products are covered by guarantees that cannot be excluded. For a major failure of the Product, you have the right to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. Furthermore, if you feel that the Products are not of acceptable quality and the failure does not constitute a major failure, you have the right to have the Products repaired or replaced (the “Warranty”).

6.2. In order to make a Warranty Claim, you must submit a written notice to Outback Bugs identifying the date of purchase, providing a description of the Products, and identifying the price paid for the Products during the Warranty Period by email at info@outbackbugs.com.au

6.3. This warranty is the sole and exclusive warranty granted by Outback Bugs, and is the sole and exclusive remedy available to you by Outback Bugs in addition to your other rights and under applicable law with respect to the Products covered by this warranty.

6.4. All implied warranties and conditions, including those of merchantability and fitness for use, are limited to the duration of the Warranty Period.

6.5. The warranty does not cover any appearance of the provided Products, nor does it cover any additional excluded items, nor does it cover any supplied Products whose exterior design or construction has been altered or altered in any way or whose exterior has been damaged or defaced, or which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in any way.

7. Delivery

7.1. By using Outback Bugs Purchase Services, you acknowledge that ‘Delivery Services’ are provided by third party delivery companies (the “Delivery Service Providers”).

7.2. By using Outback Bugs Purchase Services, you acknowledge that delivery services are provided by third party delivery companies (the “Delivery Service Providers”). You acknowledge that Outback Bugs does not facilitate the interaction with the Delivery Service Providers regarding the provision of the Delivery Services, and that Outback Bugs does not provide these delivery and insurance options.

7.3. Should an item be lost or damaged during the course of delivery services, Outback Bugs requests that you:

(a) It is advisable to contact the delivery service provider directly to request a refund or to claim any insurance coverage; and

(b) If the Products are damaged in transit, please contact us by sending an email to info@outbackbugs.com.au for us to determine whether or not the Delivery Service Provider needs to be removed from the Purchase Services.

8. Copyright and Intellectual Property

8.1. The Outback Bugs website, the purchase services, and all related products are protected by copyright. In addition to being protected by copyright laws in Australia, the material on the Website is protected by international treaties as well. Outback Bugs or its contributors own or control all rights (including copyright) in the website content. This includes text, graphics, logos, button icons, video images, audio clips and software (the “Content”) that appear on this website.

8.2. Outback Bugs retains all rights, titles and interests in and to the Website and all related content. By using or accessing the Website, you will not be entitled to the following rights:

(a) In the case of Outback Bugs, such as its business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright;

(b) The right to use, exploit, or exploit a business name, trade name, domain name, trademark, or industrial design; or

(c) A patent, registered design or copyright related system or process (or a modification or adaptation of such a system or process).

8.3. Unless Outback Bugs and any other relevant right owners have given you prior written permission, you may not: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or modify the Content or third party content. A prohibition on the use of content on the Website will not apply to content that is freely available for reuse or that is in the public domain.

9. Privacy

As a company that values the privacy of its users, Outback Bugs takes every step to protect your information. Any information you provide through your use of the Application or Purchase Services will be subject to Outback Bugs Privacy Policy, which may be found on the Application.

10. General Disclaimer

10.1. You acknowledge that Outback Bugs does not provide any terms, guarantees, warranties, representations, or conditions other than those described in these Terms in relation to the Products.

10.2. While Outback Bugs will use reasonable efforts to ensure an accurate portrayal of the Product on the Website, you acknowledge that sizes, colors, and packaging may differ from those displayed on the Website.

10.3. The Terms do not limit or exclude any guarantees, warranties, representations, or conditions expressly or impliedly imposed by law, including the Australian Consumer Law (or any liability arising from that law), which by law cannot be limited or excluded.

10.4. Subject to the terms of this paragraph, and to the extent permitted by law:

(a) This Agreement excludes all terms, guarantees, warranties, representations or conditions that are not expressly stated in this Agreement; and

(b) Outback Bugs will not be held responsible for any special, indirect, or consequential damage (unless such damage is reasonably foreseeable as a result of a breach of a Consumer Guarantee). Under no circumstances will we be responsible for loss of profit or opportunity, or damage to goodwill resulting from or arising in connection with the Purchase Services or these Terms (including if you are not able to use the Purchase Services or the Purchase Services are delivered late), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

10.5. You agree that you will use the Website, the Purchase Service, as well as any products provided by Outback Bugs (including the Delivery Service) at your own risk. Unless otherwise specified, all information on the Website, the Purchase Services and the Products of Outback Bugs are provided to you “as is” and on an “as available” basis without warranty or condition of any kind. Affiliates, directors, officers, employees, agents, contributors, service providers, or licensors of Outback Bugs (including any third parties with whom Delivery Services are provided to you) do not make any express or implied representations or warranties about its Content, or any products or Purchase Services (including those offered by Outback Bugs) that are referred to on the Website. In addition, you may suffer loss or damage as a result of any of the following:

(a) Performance failures, errors, omissions, interruptions, deletions, defects, failure to correct defects, delays in operation or transmission, computer viruses or other harmful components, loss of data, communication line failures, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;

(b) Whether or not information on the Website, Purchase Service, or any of its Content-related products (including postings made by third parties and advertisements on the Website) is accurate, suitable, or current;

(c) Any charges incurred as a result of your use of the Website, the Purchase Services or any of the Products;

(d) The link-related content or operation that is offered as a convenience to the User;

(e) If the Website fails to complete a transaction or if any loss arises from e-commerce conducted on the Website;

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

11. Limitation of Liability

11.1. In the event that Outback Bugs is found to have been negligent in providing the Purchase Services or these Terms, Outback Bugs total liability for any and all causes of action arising out of the Purchase Services or these Terms, including liability based on contract, tort (including negligence), or in equity, their total liability will not exceed the most recent Purchase Price paid by you under these Terms. In the event that you have not paid the Purchase Price, Outback Bugs only liability is the resupply of information or the resupply of Purchase Services.

11.2. Outback Bugs, its affiliates, employees, agents, third-party content providers and licensors specifically disclaim any and all responsibility for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. These losses may include, but are not limited to, lost profits (whether incurred directly or indirectly), damage to goodwill or business reputation, as well as other intangible losses.

11.3. In no event is Outback Bugs responsible or liable for any content on the Website (including content of third parties and Outback Bugs content), nor for any damages caused by such content, whether posted or caused by users of the Outback Bugs website, by third parties, or by any of the Purchase Services offered by Outback Bugs.

11.4. The User acknowledges that Outback Bugs does not provide the Delivery Services to the User and agrees that Outback Bugs will not be liable to you for any special, indirect, incidental, or consequential loss or damage, loss of profit or opportunities, or damage to goodwill resulting from or related to the Delivery Services.

12. Termination of Contract

12.1. If you or Outback Bugs terminate the Terms in accordance with the provisions outlined below, the Terms will continue to apply.

12.2. Should you wish to terminate these Terms, you may do so as follows: The notice should be sent in writing to Outback Bugs via the ‘Contact us’ page.

(a) Outback Bugs may be notified at any time; and

(b) (b) you may close your accounts for the Purchase Services you utilize in which Outback bugs has given you this option.

12.3. Outback Bugs may at any time terminate your access to the Service if any of the following instances occur:

(a) If you are in breach of any term of the Terms or intend to breach one;

(b) The law requires Outback Bugs to comply;

(c) Outback Bugs will not offer the Purchase Services to you if the partner with whom Outback Bugs provided the Purchase Services to you has terminated its relationship with Outback Bugs or ceased to provide the Purchase Services to you;

(d) Outback Bugs intends to discontinue the provision of Purchase Services in the country in which you reside or from which you use the service; or

(e) If, in Outback Bugs opinion, providing the Purchase Services to you is no longer commercially viable, then it will cease to offer those services to you.

12.4. If you violate any provisions of these Terms or any applicable law, or if your conduct impacts Outback Bugs name or reputation or violates another party’s rights, Outback Bugs reserves the right to discontinue or cancel your membership to the Website at any time, and it may suspend or deny access to all or any part of the Website or Purchase Services, at its sole discretion, without notice.

12.5. As a result of the termination of the Terms, all the legal rights, obligations, and liabilities that you and Outback Bugs have enjoyed, been subject to, or accumulated as a result of the Terms will be unaffected by the termination of the Terms. Those rights, obligations, and liabilities are covered by the provisions of this paragraph indefinitely.

13. Indemnity

This indemnity applies in respect to all spiders (“Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s)”) purchased, acquired, or received from Ethan Towns at Outback Bugs.

In accepting the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s), I understand that there is a risk involved, including but not limited to: medical complications and expenses as a result of the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) biting a person or pet; the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) escaping its enclosure; and the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) dying for whatever reason. I voluntarily assume all responsibility and risk pertaining to the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s), and I voluntarily accept all liability for the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s).

In understanding and agreeing to this statement, it shall be my sole responsibility to research and learn everything I can about my breed of spider(s) and/or scorpion(s) and/or Centipede(s) and/ or all invertebrate(s), including all the risks involved, caring for it and feeding it, as well as emergency medical treatment in the event of a bite.

I understand that the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) have to potential to cause harm, illness, or death to me or to other people or animals.

Outback Bugs (and affiliates, agents, employees, successors, and assigns) are hereby indemnified and held harmless against:

 (1) I hereby assume all risks and liabilities for any and all losses, liabilities, deficiencies, costs, damages, and expenses (including, but not limited to, reasonable attorneys’ fees, charges, and disbursements, and any medical expenses) that may be incurred by me due to any and all causes. This may be as a result of the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) biting me, my pets, dependents, or others, insufficient care for the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s), faulty and/or broken enclosures, or failure to follow safety precautions regarding the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s); and

(2) Any and all claims, actions, or suits that may be brought up by any other person, including without limitation any claims, suits, or actions arising as a direct or indirect result of any person or animal being bitten by Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s).

(3) Any and all damages (including legal fees on a full indemnity basis) that you may incur, suffer or incur as a direct result of, or with respect to, any Content that you post through the Website. In addition, if you access, use or transact on the Website, or attempt to do so, or breach these Terms by yourself or your agents, and/or if the Terms are breached by you or your agents and/ or any breach of the Terms.

The following is my guarantee and representation:

• I am over the age of 18 years;
•  I process the physically and mentally capable of taking possession of and caring for the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) in a safe, responsible manner, in accordance with the terms of this agreement.
• I believe that to the best of my knowledge and belief, not one clinical indication suggests that having the Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) would place me at an increased risk of injury or death.
• This indemnity will apply indefinitely to any Spider(s) and/or Scorpion(s) that I may purchase, acquire, or receive in the future, and will apply to any Spider(s) and/or Scorpion(s) and/or Centipede(s) and/ or all invertebrate(s) that I purchase, acquire, or receive.
• Under this indemnification, indemnification is restricted only to the extent that it is prohibited by applicable law. The Indemnity will remain in full force and effect to the fullest extent permitted by law.

14. All Compulsory

14.1. Compulsory:

Should a dispute arise out of or relate to the Terms, neither party may initiate any tribunal or court proceedings in connection with the dispute unless the following clauses have been complied with (except in the case of urgent interlocutory relief).

14.2. Notice:

In the event that a party to the Terms claims a dispute (a “Dispute”) has arisen under the Terms, the party has the obligation to give the other party written notice of the nature of the dispute, the desired outcome, and the steps necessary to resolve the dispute.

14.3. Resolution:

Upon receipt of that notification (‘Notice’) from the other party, each party to the Terms (‘Parties’) shall:

(a) The parties shall seek to resolve the dispute within 14 days following receipt of the Notice by negotiation or such other means as they may mutually agree upon;

(b) (2) Upon receipt of a Notice of Dispute, the Parties must, by either agreement or request, select a mediator for the Dispute. If, however, the Dispute has not been resolved 14 days after the Notice, the Parties must either select a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee;

(c) (1) The parties assume equally responsibility to pay the fees and  other reasonable expenses of a mediator and the cost of the mediation venue, and they pay any amounts requested by the mediator prior to the commencement of the mediation. Parties are responsible for their own mediation costs;

(d) The mediation will be held in Narrabri, New South Wales.

14.4. Confidential

To the extent possible, all communications concerning the negotiations made between the Parties as a result of or in connection with this dispute resolution clause are confidential and must be treated as “without prejudice” negotiations in regard to applicable laws of evidence.

14.5. Termination of Mediation:

A mediation of a Dispute that has not been resolved after two weeks of the start of the mediation can be terminated by either Party and the mediator must fulfill this request.

15. Venue and Jurisdiction:

Customers in Australia are eligible to purchase the Purchase Services offered by Outback Bugs. Should any disputes arise out of or in relation to the Website, you agree that the exclusive jurisdiction to resolve any disputes shall be in the courts of New South Wales, Australia.

16. Governing Law

New South Wales law governs the Terms. A dispute, controversy, proceeding or claim arising out of or in any way related to the Terms and the rights created hereunder will be governed, construed and interpreted in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. The validity of this governing

Approved by

Signature: Outback Bugs

Full Name: Ethan William Patrick Towns

Date: 02/02/2022

The law clause is not in dispute. All parties hereto shall be bound by the Terms, including their successors and assigns.

17. Independent Legal Advice There is no evidence to suggest that the Terms are contrary to general public policy as a result of inequality or bargaining power or as a result of general restraints of trade. Both parties confirm and declare that the terms of the Terms are fair and reasonable, and both have obtained independent legal advice and declare that they are not contrary to public policy due to any general restraints of trade.