Effective Date: 1st December 2024

 

These terms and conditions (hereinafter "Terms") govern Your use of this website (which is hereinafter referred to as "the Product" or “this website”): www.cabocollection.com.au  

This website is owned and operated by: Cabo Collection (ABN 67719156040)

These Terms constitute a binding contract between You and: Cabo Collection (ABN 67719156040). By accessing and using this website, you agree to be bound by these Terms.  If you do not agree with these Terms, you must not access or use this website.

In connection with Your use of this website, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as "the Items".

These Terms will govern Your use of all pages of this website, as well as Your use of the Items.

If You continue to use this website, You acknowledge that You have been given thechance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

We reserve our right to change these Terms at any time, without notice to you.  When we change these Terms, we will also update the “Date of last update” at the top of these Terms.  You should check this page occasionally to ensure you are familiar with any changes.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using this website immediately.

1. DEFINITIONS

"Australian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).

"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of this website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in this website, Content and Materials.

"Content" means any content, writing, images, audiovisual content or other information published on this website.

"Contract" means these terms and conditions.

"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

"Effective Date" means the date that these Terms come into force.

"Goods" means any or all goods provided by or on this website.

"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.

"Items" means any and all of this website, Goods, Content and Materials collectively, including physical and virtually, purchased and/or in connection with the Cabo Collection.

"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Product.

"Parties" means both You (the user of this website) and Us (the owner of this website) collectively.

"Product" means this website including all pages, all sub-pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.cabocollection.com.au

"Terms" means these terms and conditions.

"Third Party Links" means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

"Us", "We", "Our", "the Company" or "the Owner" refers to Cabo Collection

"Us", "We", "Our", "the Company" or "the Owner" also includes any employees, affiliates, agents or other representatives of Cabo Collection

"You" or "Your" refers to the userof the Product.

"Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.

2.INTERPRETATION

2.1       In these Terms, unless the context
otherwise requires, the following rules of interpretation shall apply:

a) Words referring to one gender including every other gender.

b) Words referring to a singular number include the plural, and words referring to a plural include the singular.

c )Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.

d) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

3. YOUR AGREEMENT AND REPRESENTATIONS

3.1       By continuing to use this website and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.

3.2       By continuing to use this website and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.

3.3       By continuing to use this website and the Items You represent and warrant to Us that You have complied with all of these Terms.

4. SALE OF GOODS/SERVICES

4.1       We may sell Goods or may allow third parties to sell Goods on this website. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.

5. LIABILITY

5.1    We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of this website or its contents.

5.2    Our total liability to you for any claims arising out of or in connection with your use of this website or its contents under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant services or the payment of the cost of same.

6. EXCLUSION OF LIABILITY

6.1       The Product (this website), Content and Materials are provided for general information only and may change at any time without prior notice.

6.2       You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.

6.3       Your use of this website, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through this website suits Your particular purpose.

6.4       Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

6.5       To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.

6.6       To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

6.7       To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.

6.8       To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.

6.9       For Goods and/or Services sold by third parties via this website or via Third Party Links (hereinafter "Third Party Goods and Services"):

a) You acknowledge and agree that We have no control over those Third-Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.

b) You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third-Party Goods and Services.

c) For any claim You may have against the Third-Party provider of the Third-Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third-Party Goods and Services and not with Us.

d) To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.

7. DISCLAIMER

7.1       If you choose to use the website, you do so at your own sole risk.

7.2       We make no representation that anything offered through the website is available for use in other locations, or that it complies with laws and regulations of other locations.

7.3       We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis.

7.4       We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the website, or that this website is free of viruses or other harmful components.

8. DELIVERY

8.1       We may arrange delivery of Physical Goods by courier or by Australia Post. We process deliveries promptly upon receipt of full payment.

8.2       Delivery of physical Goods within Australia may take: two (2) to fourteen (14) business days

8.3       Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods.

8.4       We take no responsibility for Goods that are lost or damaged during delivery.

8.5       We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.

8.6       Any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with the relevant courier company or with Australia Post as applicable.

9. RETURNS/REFUNDS/REPAIRS

9.1       We handle returns, refunds and repairs in accordance with Our obligations under the Australian Consumer Law.  Refer to our (the Cabo Collection) returns policy on this website.

9.2       If You are seeking a return, refund or repair, You may contact Us using the details in our returns policy. In order for your request to be handled promptly, please provide full details about Your valid reason for return, refund or repair.

10. NO PROFESSIONAL ADVICE

10.1    You might use this website or other Items to consult with Us directly in order to seek professional advice. Aside from any information provided to You directly from Your professional adviser after a direct consultation between You and Your professional adviser and after Your professional adviser has considered Your particular circumstances:

a) The information provided through this website, Content, Materials or through the other Items is for information purposes only. It does not address Your specific circumstances. It is not professional advice.

b) You acknowledge and agree that any information provided on this website, Content, Materials or through the other Items is not professional advice.

c) You acknowledge and agree that Your use of this website and Items is at Your own risk. We do not assume responsibility or liability for any information provided through this website or other Items.

d) You acknowledge and agree that it is Your responsibility to evaluate all information that is provided through this website or other Items in consultation with Your own professional adviser or advisers as appropriate.

e) You acknowledge and agree that Your use of this website does not create a fiduciary relationship between Us and You.

f) You acknowledge and agree that a fiduciary relationship may only be created between You and Your professional adviser after You have a direct consultation with Your professional adviser.

11. INDEMNITY

11.1    To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this Website

11.2    You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

12. TERMINATION

12.1    These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.  Any rights or obligations that have accrued up to and including the date of termination will survive.

12.2    We may immediately terminate these Terms at any time, with or without cause.

12.3    We specifically reserve the right to terminate these Terms if You breach these Terms in any way.

12.4    These Terms terminate automatically if we cease to operate this website for any reason.

12.5    If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.

12.6    At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.

13. OTHER ACTION

13.1        We reserve the right to take any of the following actions in Our sole discretion:

a) Monitor, review, edit or delete any Content which You have added, uploaded or posted to this website or through the other Items, whether or not You have breached these Terms.

b) Record any correspondence that occurs in public sections of this website.

c) Review any allegations about breaches of these Terms, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches.

d) Determine in Our sole discretion whether to terminate Your or another Product user's access to any particular section or sections of this website or other Items.

14. ACCEPTABLE USE

14.1    You agree not to use this website or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use this website or the Items in any way that could damage this website, the Items, or Our general business.

14.2    You further agree not to use this website or the Items:

a) to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;

b) to violate any intellectual property rights of Us or of any third party;

c) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

d) to commit any kind of fraud;

e) to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;

f) to publish or distribute any obscene or defamatory material;

g) to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;

h) to unlawfully gather information about others.

14.3    Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.

15. VARIATION OF TERMS

15.1    You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use this website following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.

15.2    You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.

15.3    In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.

16. THIRD PARTY LINKS

16.1    This website may provide links to other websites. This is done for your convenience only.  We take no responsibility for the accuracy or currency of the information on those sites.  We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement

16.2    You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by Us.

16.3    You hereby acknowledge that these Third-Party Links are provided for Your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third-Party Links. We do not endorse, approve or support these Third-Party Links. You use the Third-Party Links at Your own risk-

17. CHANGES TO PRODUCT

17.1    You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or this website at any time.

17.2    You acknowledge, agree and accept that this website may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).

17.3    You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.

18. INTELLECTUAL PROPERTY

18.1    All intellectual property rights (including copyright and trademarks) in the content and design of this website are owned by us.

18.2    You may, for personal use only, print a copy of any part of this website to view it.  All other use, copying or reproduction of any part of this website is prohibited without our prior written approval

18.3    The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of this website, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Company IP").

18.4    You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.

18.5    You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.

18.6    All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms.

19. USER REGISTRATION

19.1    You may be asked to register with Us in order to use or access the Items.

19.2    If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.

19.3    You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.

19.4    You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.

19.5    You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.

19.6    You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.

20. PRIVACY

20.1    Through Your use of this website or other Items, You may provide Us with some of Your personal information. By using this website or Items, You authorise Us to use Your information in Australia and any other country where We operate.

20.2    We take Our privacy obligations very seriously.

20.3    Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.

21. REVERSE ENGINEERING AND SECURITY

21.1        You agree not to:

a) reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and

b) violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

22. SPAM POLICY

22.1    You are prohibited from using the Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

23. GENERAL PROVISIONS

23.1    Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

23.2    Applicable law: Your use of this website and the Items is subject to the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria, Australia.

23.3        These Terms, and all related matters, shall be governed and interpreted by the laws of Victoria.

23.4        Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria.

23.5    Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:

I. such notice is properly given if given to the other party:

A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of this website or other Items.

B. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of this website or other Items.

II. such notice is taken to be received:

A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.

B. if sent by prepaid post within Australia, five (5) days after the date of posting.

C. if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.

23.6        No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.

23.7        Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect and enforceability of the remaining parts will not be affected.

23.8        No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.

23.9        Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

23.10     Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.

23.11     Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.

24. Mobile Terms of Service

Last updated: Nov. 26, 2024

The Cabo Collection mobile message service (the "Service") is operated by Cabo Collection
(“Cabo Collection”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and
conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent
permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service
following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Cabo Collection’s SMS/text messaging service, you agree to receive recurring SMS/text messages
from and on behalf of Cabo Collection through your wireless provider to the mobile number you provided, even if
your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an
automatic telephone dialing system or other technology. Promotional messages may
include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is
not a condition of any purchase with Cabo Collection. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging
imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan
and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text
messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Cabo or click
the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation
text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed
to other Cabo Collection mobile message programs and wish to cancel, except where applicable law requires
otherwise, you will need to opt out separately from those programs by following the instructions provided in their
respective mobile terms.

For Service support or assistance, text HELP to Cabo or email hello@cabocollection.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

25. CONTACT US

25.1    You can contact us about these Terms using the following details:

Email: hello@cabocollection.com.au