Hoopsy General Terms & Conditions

Hoopsy provides you with access to Hoopsy.co subject to the following terms and conditions. If you access, visit or shop on Hoopsy.co, you accept these terms and conditions. Please read them carefully. 

1. Privacy
a. Use of this site is subject to our Privacy Policy. Our Privacy Policy can be viewed here.

2. Electronic Communications
a. By placing an order online, you consent to receive emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfilment and delivery updates.
b. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Your Account
a. You must provide accurate and complete information about yourself when requested by a relevant form on this website.
b. You are responsible for maintaining the confidentiality and security of your account, password and computer. All activity made under your account is your responsibility.
c. Persons under the age of 18 may only use our website only with the involvement of a parent or guardian.
d. You agree to indemnify Hoopsy from any loss or damage to Hoopsy arising from your use of Hoopsy.co, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.

4. Medical information
a. This website contains information about common medical conditions and general treatments. This information is designed to provide general health information and is not exhaustive.
b. Information available on this site should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.

5. Reviews and Comments
a. We may allow visitors from time to time to post reviews, comments or other content, make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in Hoopsy’s sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right (but not the obligation) to remove or edit such content.
b. If you do post content or submit material, and unless we indicate otherwise, you grant Hoopsy.co and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
c. You grant Hoopsy.co and its associates the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Hoopsy.co or its associates for all claims resulting from content you supply. Hoopsy.co has the right but not the obligation to monitor and edit or remove any activity or content. Hoopsy.co takes no responsibility and assumes no liability for any content posted by you or any third party.

6. Placing of orders
a. In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Site.
b. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
c. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and send you an email confirmation of that order.
d. In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder.

7. Delivery of Products
a. After ordering online, you will receive an email confirmation from Hoopsy containing your order number and details of your order. However, due to the nature of the internet, we cannot guarantee receipt. Please add the Hoopsy email address in your contact address book to ensure emails are not sent to junk mail or blocked by your firewall.
b. Australia Post or Royal Mail delivers our products, and will only deliver products ordered through the Site to a location where we provide delivery services. To see a list of restricted destinations please see our Frequently Asked Questions.
c. You may receive multiple deliveries for your order and these are described at the point of checkout.
d. The delivery fee for your order depends on the option chosen at checkout.
e. You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. If no one is available to collect your order at the time that is delivered, Australia Post/Royal Mail will leave written instructions on how you can collect your order from the nearest Post Office.

8. Payment Methods
a. We accept most credit and debit cards including Visa, MasterCard and American Express as well as Paypal, Google Pay and Apple pay. Please be sure to provide your exact billing address and telephone number – incorrect information may cause a delay in processing your order.
c. Your chosen payment method will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your details, as we do not store your payment details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference. These refunds may take several business days to appear on your statement.

9. Access
a. We grant you a limited license to access this site for personal use. You may not modify, copy or otherwise deal with it without our express written consent.
b. We reserve the right to suspend or deny your access to any or all of the pages on Hoopsy.co. We will not be liable to you or any other party for termination of access to the site.
c. We reserve the right to temporarily or permanently interrupt or disable some or all services on Hoopsy.co at any time.

10. Intellectual Property
a. All material on site and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
b. You may not use our trademarks in connection with any product or service that is not our, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
c. All other trademarks not owned by Hoopsy or its related companies that appear on this site are the property of their respective owners.
d. You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
e. You may not in any way commercially exploit any material obtained from Hoopsy.co.

11. Third-Party Websites

The Hoopsy website contains links to other websites controlled by third parties (Third Party Websites). Hoopsy is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third-Party Websites.

Hoopsy makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party.

Updates of pricing on Google search results for Hoopsy products may be delayed, check in-store or online for current pricing. 

12. Warranties and limitations of liability
a. This website is provided “as is” and Hoopsy excludes all warranties of any kind to the fullest extent permissible by law. Hoopsy does not guarantee the accuracy or completeness of the website, any information or content on it, or that it is free of defects or viruses.
b. To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
c. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.

13. General
a. In these Terms and Conditions:
i. We, our or us, Hoopsy.co and Hoopsy means Hoopsy Pty Ltd (ABN 33 655 885 313) trading as Hoopsy and includes its related companies, directors, employees and agents;
ii. You or your means the person or customers using the website;
b. We reserve the right to revise these Terms and Conditions, our Privacy Policy and any other website terms and conditions (including but not limited to terms and conditions of purchase) simply by publishing amended Terms and Conditions (or relevant material) online. We are under no obligation to provide you with notice of updated materials.
c. These terms shall be governed by and construed in accordance with the laws of NSW, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of NSW, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
d. Any failure by Hoopsy to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
e. These Terms and Conditions will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.
f. These Terms and Conditions and our Privacy Policy consist of the entire agreement between us and you regarding the subject matter.
g. Questions regarding our Terms and Conditions, Privacy Policy, or other policy-related material can be directed to our support staff by clicking on the “Contact Us” link in the menu.

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