Terms of service
Welcome to our website (our Online Store, Site).
Our Site gives you an opportunity to browse and purchase products offered by CANDY GROUP PTY LTD (ACN 675 944 484) trading as CANDY CLAWS (we, us, our).
These Terms and Conditions (Terms) govern your use of our Online Store, and our products (Products), and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at support@candyclaws.com.au before using our Online Store and buying our Products.
Subject to any subsequent agreements you may be required to enter with us, these Terms and all our other policies such as our Money Back Guarantee, Shipping Policy and Disclaimer/ Waiver constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
1 DEFINITIONS
1.1 Disclaimer/ Waiver means the disclaimer/ waiver located here.
1.2 Money Back Guarantee and Refund Policy means the policy located here.
1.3 Shipping Policy means our shipping policy as set out here.
2 ACCEPTANCE OF TERMS
2.1 By browsing, purchasing, or using our Online Store or the Products offered on it, whether or not you have purchased our Products, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.
3 VARIATIONS TO TERMS
3.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
3.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Online Store.
3.3 The updated Terms will be taken to have effect on the date of publication.
3.4 Your continued use of the Online Store constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
3.5 Should you object or disagree to these Terms, you must discontinue your use of our Products and our Online Store.
4 ONLINE STORE TERMS
4.1 You may buy Products offered online by us by completing the order form available on our Online Store. To purchase Products on our Online Store, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
4.2 Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferrable right to access and use our Online Store for your own personal use. You must not exploit any of our Content for commercial benefit. Any other use of our Online Store is expressly prohibited.
4.3 You must not use the Online Store to:
(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Online Store account;
(b) hack into any part of our Online Store through password mining, phishing, or any other means;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
(d) circumvent the Online Store’s structure, presentation or navigational function so as to obtain information we have chosen not to make publicly available through the Online Store;
(e) act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;
(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed items, unless expressly authorised by us; or
(g) attempt to modify, reverse engineer, or reverse-assemble any part of our Online Store.
4.4 Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Online Store.
5 PRIVACY
5.1 To the extent that you provide any personal information to us, where Personal Information has the same meaning as in the Privacy Act 1988 (Cth), and we will treat such Personal Information in accordance with our privacy policy.
6 PLACING YOUR ORDER
6.1 You may place an order to purchase our Products via our Online Store.
6.2 Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us within our sole discretion.
6.3 All orders will be processed on business days in Queensland, Australia, which are Monday to Friday, excluding public holidays.
7 ORDER PROCESS
7.1 Any order you submit via our Online Store is subject to our acceptance of your order and the availability of Products. Until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.
7.2 You must pay for an item at the time you place your order through our Online Store and we will deduct all amounts owing at the time of processing your order.
7.3 We will ship the Products to you in accordance with our Shipping Policy.
8 ONLINE STORE AVAILABILITY AND CHANGES
8.1 We may withdraw and/or re-offer any item listed for sale on our Online Store, including through any means of access to the Online Store (websites, domain names, URLs, landing pages and/or any other medium) if the item:
(a) becomes unavailable; or
(b) was incorrectly described or listed.
9 DISCOUNTS, PROMOTIONS AND OFFERS
9.1 From time to time, we may offer the opportunity to purchase our Products at a discounted or promotional price, subject to these Terms.
9.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Online Store.
10 PRICES
10.1 All prices for our Products are in Australian dollars (AUD) and as displayed via our Online Store.
10.2 All prices for our Products are inclusive of GST.
10.3 All prices listed on the Online Store exclude delivery costs. Delivery costs are shown as a separate fee on an online order.
10.4 We reserve the right to modify the prices for our Products from time to time and will publish updated pricing on our Site accordingly.
10.5 All Products are offered for sale subject to availability. If an item is out of stock or not being run at a certain point in time, we will refund you the amount paid for the Products should the order be processed.
11 PAYMENTS
11.1 Invoices and receipts for any of our Products are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing us at support@candyclaws.com.au.
11.2 Some of our payments are operated through an online and automated billing system by using a default payment provider (Online Payment). Our default payment provider may include PayPal, Shopify and Afterpay or any other such default payment providers as nominated by us and made available on our Online Store from time to time. Where your payments are made via Online Payment:
(a) You acknowledge that each default payment provider has their own terms of use and service and you agree to the terms of use and service for that default payment provider selected by you at the time of processing your order.
(b) You authorise us to receive the Online Payment and agree that this may occur by either debiting your account for a once-off payment, or by debiting periodic payments over a period of time (as the case permits), to ensure that all Online Payments are met and made in accordance with these Terms and the terms of our default payment provider.
(c) You agree to ensure sufficient funds are available in your nominated account to meet each Online Payment.
(d) You agree not to cancel any Online Payment due to us and that we may rely on these Terms to reinstate or recover any cancelled Online Payment or default in Online Payment until such time as they are made.
(e) In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee.
(f) In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the Online Payment and any associated fee referred above.
11.3 Any default in Online Payment or any payment by the payment date may lead to suspension, or termination of the Online Store or our Products in accordance with clause 19.
12 REFUNDS
12.1 Any refund request will be assessed on a case-by-case basis, in accordance with our Money Back Guarantee and Refund Policy.
13 GENERAL DISCLAIMER
13.1 Use of the Site and any of the Products sold on the Site is at your own risk. Everything on the Site, and our Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind, except as required under law.
13.2 You acknowledge and agree that each Product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those Products.
13.3 All possible care has been taken in the preparation of this Online Store. However, specification and particulars in relation to the Products are subject to change without prior notice. We will aim to reasonably ensure a Product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable where discrepancies to this effect arise on the Online Store.
13.4 Except to the maximum permitted by law, we make no warranty, representation, or guarantee regarding the suitability of our Products, nor do we assume any liability whatsoever arising out of the application or use of any Product. It is your responsibility to independently determine suitability of any Products for your own use.
13.5 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond our control. You acknowledge we are not responsible for any delay in the delivery of our Products which is beyond our reasonable control.
13.6 Any testimonials and examples of our Products, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
13.7 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (ACL).
14 COPYRIGHT AND TRADE MARK NOTICES
14.1 All material within this Online Store, or otherwise delivered in connection with our Products, including (but not limited to) access to templates, text, graphics, information architecture and coding (our Content), is subject to copyright.
14.2 While you may browse or print our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce it. The modification of our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
14.3 You acknowledge that you do not acquire any ownership rights by using the Site or our Content.
14.4 The trade marks, logos, and service marks displayed on our Site to denote our brand are the registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
14.5 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
14.6 This clause survives the termination of these Terms.
15 ACCESS
15.1 While we will reasonably endeavour that our Online Store is available continuously, we do not make any warranties that your access will be uninterrupted, timely, secure or error free.
15.2 Your access to the Online Store may be suspended without notice in the case of system failure, maintenance or repair, or any other reason beyond our reasonable control.
15.3 Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any Online Store feature or service (or part thereof) on the Online Store at any time.
16 THIRD PARTY LINKS, AFFILIATES & SPONSORS
16.1 Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
16.2 As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Online Store or in the course of delivering our Products. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.
16.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
17.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against all actions, suits, claims, demands, direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our Online Store:
(b) your use of our Products;
(c) any breach of these Terms by you; and
(d) the enforcement of these Terms.
17.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law.
17.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the ACL for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Online Store or by engaging with us for our Products.
17.4 This clause survives the termination of this agreement.
18 LIABILITY IS LIMITED
18.1 We provide our Products on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express or implied, to the extent permitted by law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms to the maximum extent permitted by law.
18.2 Without limiting the generality of clause 18.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Products.
18.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Products under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort, under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
18.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the ACL.
18.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Products or the payment of the cost of resupply.
18.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort, or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
18.7 This clause survives the termination of this agreement.
19.1 If you have breached these Terms or any of the terms and conditions governing the supply of our Products, we may (at our option, and without limiting the remedies available to us in any way) bar, suspend or terminate your access or use of the Online Store on a permanent or temporary basis.
19.2 If this occurs, you must not access or attempt to access or use the Online Store during the period of your bar, suspension or after termination.
20 NO DISPARAGEMENT
20.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of our business or is in any respect a disparaging remark or representation about us and/or any of our Products.
20.2 Should you breach this clause, you hereby indemnify us in accordance with clause 17 above.
21 FORCE MAJEURE
21.1 We will not be in breach of these Terms or liable to you for any Loss incurred by any other party as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
21.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
21.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
21.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
21.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
21.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
22 SEVERABILITY
22.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
23 NO ASSIGNMENT
23.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
23.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
24.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
25 DISPUTE RESOLUTION
25.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
25.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
25.3 In the case of claims against us, all notices are to be provided to
support@candyclaws.com.au.
25.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
25.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
25.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
25.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
25.8 This clause survives termination of these Terms.
26 APPLICABLE LAW
26.1 These Terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the non-exclusive jurisdiction of the courts in Queensland, Australia to determine any matter or dispute which arises between us.
27 CONTACT US
27.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our privacy policy for further details.
27.2 If you have questions or comments regarding our Online Store or our Products, please email us at support@candyclaws.com.au.
© Progressive Legal Pty Ltd – All legal rights reserved (2025). These Terms were last updated in 30 January 2025.