Section 1 - The Website
Website Owner = THE TRAACE by Catherine Wu (ABN 571 909 375 63) (Domain www.thetraace.com name the “website”)
Section 3 - Agreement
Section 4 -Modification of the terms
Section 5 - Modifications to the information
THE TRAACE does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of THE TRAACE.
Section 6 - Errors and problems
THE TRAACE does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
Section 7 - License & ownership
The copyright for the content on this website is owned or licensed by THE TRAACE and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of THE TRAACE. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of THE TRAACE.
b. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, THE TRAACE, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
c. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is implied that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at:
T h e T r a a c e, 128 Boundary Street Sydney New South Wales Australia 2021
d. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
e. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
g. Inbound links. THE TRAACE generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and THE TRAACE. However, linking to any other page of the website is strictly prohibited, without express written permission from THE TRAACE.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at firstname.lastname@example.org (subject: ‘compliance’) or by mail:
The Traace (compliance)
128 Boundary Street, Sydney, New South Wales, Australia, 2021
Section 10 - Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Section 11 - Cookies
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
Section 12 - Age of consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Section 13 - Feedback, comments or requests
THE TRAACE encourages and welcomes you to make feedback, comments or requests (“comments”) . These comments can be emailed to email@example.com. Please understand and acknowledge that all comments will not be considered confidential or proprietary, and THE TRAACE is under no obligation to keep such information confidential. THE TRAACE will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
Section 14 - Jurisdiction
The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of New South Wales, Australia.
Section 15 - Disclaimer of warranties
THE TRAACE makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
Section 16 - Limitation of liability
If THE TRAACE is found responsible for any damages, THE TRAACE is responsible for actual damages only. In no event shall THE TRAACE, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
Section 17 - General conditions of sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and THE TRAACE with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to THE TRAACE that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. THE TRAACE reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with THE TRAACE only comes into existence when THE TRAACE forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of New South Wales in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to THE TRAACE if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by THE TRAACE within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. Ownership and property in the goods supplied/delivered shall pass from THE TRAACE to you when THE TRAACE accepts your offer and assigns product in the THE TRAACE warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
i. THE TRAACE shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and THE TRAACE shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singularly or in combination with other goods and indemnify THE TRAACE in respect of any such use. THE TRAACE is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by THE TRAACE for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of THE TRAACE implied by the Goods Act, 1958.