Terms of Use

Welcome to www.theblockshop.com.au.

This website is owned and operated by us, The Block Shop Pty Ltd ACN 161 743 237.  

1. Accepting these Terms of Use

By using our website, you confirm that you accept these Terms of Use and agree to be bound by them.

2. Setting up an account

2.1 You must set up an account to purchase products through our website. 

2.2 You are solely responsible for maintaining the confidentiality and security of your account.  You are also solely responsible for all activities on or through your account.  

2.3 You must notify us immediately of any unauthorised use of your account.  We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.  

2.4 We may disable, suspend or cancel your account if you fail to comply with your obligations under these Terms of Use. 

3. Our website 

3.1 You must use our website in accordance with these Terms of Use, only for lawful purposes and only in a way which does not infringe the rights of anyone or restrict or inhibit anyone else’s use of our website.  

3.2 You understand and agree that your use of our website is provided “as is” and “as available”.  We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.  

3.3 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice.  We will not be liable if, for any reason, our website is not available at any time or for any period of time.  

3.4 Our website may contain links to third party sites, information and resources (Third Party Links) and information provided by third parties (Third Party Content).  We are not responsible for the Third Party Links or Third Party Content, and can not guarantee that any Third Party Links or Third Party Content will be uninterrupted, error-free, accurate, complete or current.  

3.5 Any links to Third Party Content does not represent our endorsement of such Third Party Content. We have no control over the Third Party Content, and will not be liable for any loss or damage you suffer or incur when you access or use any Third Party Links or Third Party Content. 

4. Content 

4.1 Subject to clause 4.2, you retain all the rights in and to the content that you submit or post on or through our website.  

4.2 By submitting and posting your content on our website: 

(a) you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, publish, display and distribute your content; 

(b) you consent to us disclosing your content and personal information with our suppliers; and 

(c) you consent to us and our suppliers using your personal information to send you information about products and services that we feel may be of interest to you.  You can unsubscribe from receiving this information at any time by emailing us at unsubscribe@theblockshop.com.au.

4.3 Our use of your personal information will be governed in accordance with our privacy policy, a copy of which can be found here.

4.4 If you place an order at an incorrect price, we will inform you of the error before processing the order and give you the choice to continue with the order at the correct price, or cancel it.
If a price seems unusually low, to prevent any issues please contact us at info@theblockshop.com.au to confirm if the price is listed correctly.

5. Liability 

5.1 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website. 

5.2 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, any services we have provided, or in connection with any act or omission by us (negligent or otherwise).

6. General Terms

6.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time.  When we do so, we will make a new copy of these Terms of Use available on our website.  Your continued use of our website will be deemed to constitute your acceptance of such changes.

6.2 If any part of these Terms of Use are void, unenforceable or illegal, they will be severed and the remainder of these Terms of Use will continue to have full force and effect.

6.3 Notices required to be given under these Terms of Use may be sent by email, by post or in the case of notices we give you, by making the information available on our website. 

6.4 There is no relationship of employment, partnership, agency or fiduciaries between you and us. 

6.5 These Terms of Use are governed by and construed under the laws of New South Wales.  

6.6 Any dispute or difference arising out of these Terms of Use will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.  The seat of arbitration will be Sydney, Australia.  The language of the arbitration will be English.  The number of arbitrators will be one.

7. Competition Terms

The Block Shop has teamed up with Artist Lane for a HUGE giveaway!The promoter is The Block Shop Pty Limited ABN 55 161 743 237 (“Promoter”);
ELIGIBILITY:
Employees and immediate families of the Promoter, suppliers, providers and agencies associated with the Promotion are ineligible to enter;
Entries will open Tuesday 26 September. Winner will be drawn at 12pm Sunday 15th of October 2023 and notified via email. The winner must follow the instructions within that email to contact the Promoter to redeem their prize.
The Promoter shall endeavour to contact the winner via their email account within two (2) days of the prize draw. In the event that the winner cannot be contacted after three (3) weeks, an alternate winner will be selected and the original winner will forfeit any prize. The winner of the unclaimed prize draw will be contacted via email and will be published on the Promoter’s website at its discretion;
This competition is only open to Australian residents.
HOW TO ENTER:
This is a game of chance and the winner will be drawn randomly from all entries received. The judge’s decision is final and no negotiation or correspondence will be entered into;
Only entries that comply with the entry requirements will be accepted;
Entrants can only enter in their own email address. The Promoter reserves the right to request proof of residency at the stated address and identification for verification (to the Promoter's satisfaction in its discretion) before issuing the prize. Incomplete or incomprehensible entries will be deemed invalid. Entries containing and/or depicting illegal, sexually explicit or morally or racially offensive content will be ineligible to win. The Promoter's decision to disqualify an entry is final and no correspondence will be entered into. The Promoter is not under any obligation to notify an entrant of an invalid entry.
By entering the Promotion, the entrant gives the Promoter permission to pass their email address to the participating business for the purpose of receiving marketing communications. The participating businesses in this promotion is Artist Lane Pty Ltd ABN 94 168 358 763.
The entrant can request to be removed from the Promoter's and supplier’s subscription list at any time by using the unsubscribe link provided on the promotional emails.
PRIZE: Coastal Yooroorroom - Coastal Scrub Country | Kamilya Lowana White  40x40” (102x102cm) framed canvas print valued $775.00. The prize is non-transferrable and cannot be exchanged or taken as cash.
LIABILITY:
The Promoter is not responsible nor liable for any prize damaged in transit in the delivery of their prize;
In the event of unforeseen circumstances, war, terrorism, state of emergency or disaster (including but not limited to natural disaster) the Promoter reserves the right to subject to reference to all relevant state and territory rules and regulations, to cancel, terminate, modify or suspend the promotion;
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion;
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize;
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
PRIVACY:
The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI.
The Promoter and associated suppliers, may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages via email or SMS. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter.

This Promotion is conducted pursuant to NSW Permit No. LTPS/15/06854;

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