The website “www.zerofucks.com” (the “Website”) is owned and operated by SNOOP PTY LTD [ACN 632 383 503] (“Snoop”, “we”, “us” or “our” as the context may require).
A. By using and/or visiting the Website or making any purchase from the Website or otherwise, you signify your agreement to (1) these terms and conditions (“Terms and Conditions”), and (2) Snoop’s privacy policy (the “Privacy Policy”), found at www.zerofucks.com/privacy-policy. If you do not agree to any of these Terms and Conditions, or you are not satisfied with the Privacy Policy, do not use the Website or make a purchase from Snoop.
B. Snoop may, in its sole discretion, modify or revise these Terms and Conditions, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. Snoop recommends periodically revisiting the Terms and Conditions to ensure you are kept up to date with any changes made. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
These Terms and Conditions apply to all customers of Snoop and all users of the Website, including but not limited to users that place orders on the Website, or contribute any content (including testimonials and reviews) via the Website.
By using and/or visiting the Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are aged 18 years or over, as the Website are not intended for children under 18. If you are under 18 years of age, then please do not use the Website.
A. You may be required to create an account (“User Account”) before you can access certain parts of the Website, such as purchasing a product from us.
You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. Snoop reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information, including relating to anyone submitting User Submissions (defined below) which violates any law.
B. Snoop hereby grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that:
i) You agree not to distribute in any medium any part of the Website, including but not limited to Snoop Content (defined below) or User Submissions (defined below), without Snoop's prior written authorization.
ii) You agree not to access User Submissions or Snoop Content through any technology or means other than the provided functionality of the Website itself, or other explicitly authorized means Snoop may designate.
iii) You agree not to use the Website for any commercial use, without the prior written authorization of Snoop. Prohibited commercial uses include (but are not limited to) any of the following actions taken without Snoop's express approval:
o sale of access to the Website or related services on another website;
o use of the Website or related services for the primary purpose of gaining advertising or subscription revenue;
o the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or Snoop Content; and
o any use of the Website or related services that Snoop finds, in its sole discretion, to use Snoop's resources or User Submissions with the effect of competing with or displacing the market for Snoop, the Snoop Content or User Submissions.
iv) You agree not to use or launch any automated system (including but not limited to "robots," "spiders," or "offline readers"), that access the Website in a manner that sends more request messages to the Snoop servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
v) In your use of the Website, you will otherwise comply with these Terms and Conditions, and all applicable local, national, and international laws and regulations.
vi) Snoop reserves the right to discontinue any aspect of the Website at any time without notification.
A. All payments can be made using Visa, Mastercard, American Express, some debit cards, Apple Pay and PayPal, or as otherwise indicated on the Website. If you are directed to a third party website to complete payment, you should familiarise yourself with the terms and conditions of that third party before making any payment.
B. Orders will not be processed or despatched until funds have cleared into our account. We do not take any responsibility for any delays in processing your order because of a declined transaction.
C. Orders will be sent out via Australia Post for orders to Australian addresses and FedEx or TNT international for customers located outside of Australia. The postage and packaging costs for all deliveries are as provided on the checkout page of the Website, or as confirmed in writing with you.
D. All products advertised on the Website are subject to availability.
E. The price payable for any products or services is the price specified on the Website at the time of placing the order. Prices displayed are subject to change at any time. All prices displayed in Australian Dollars (AUD).
F. Any order placed on the Website is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
G. International customers will be liable for any customs charges, duties, or tariffs for their destination country. International customers order at their own risk.
H. Title in the product(s) shall pass to you once full payment has been made. The risk in any product(s) shall pass to you once the product(s) have left our warehouse. As such, we take no responsibility for any damage to items that occurs during transit, to the full extent permitted by law.
I. You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify Snoop within seven (7) working days of delivery of any shortfall, damage or incorrect orders.
J. Snoop is not responsible for any delay in delivery of any products caused by, or in any way connected with, any other cause beyond the reasonable control of Snoop (including but not limited to pandemics, shortfall of supplies, strikes, industrial disputes).
K. If a product received by you is damaged or faulty, promptly contact us by email (zerofucks@zerofuck.com) to discuss the situation and (as applicable) organise for the faulty product to be returned. We will likely require you to return the faulty product with your proof of purchase attached and a written explanation detailing the fault or damage and your contact details. Nothing in these Terms and Conditions reduces or limits your rights under the Australian Consumer Law. Once returned to us, if we reasonably assess that your returned product is in fact faulty/damaged and/or in breach of any statutory or other warranty, we will contact you to discuss the appropriate remedy (subject to law) and also arrange to reimburse you for the postage costs incurred by you to return your faulty/damaged product to us. If we are unable to replace the product with an identical product, you may select another stocked product of the same purchase price, or you can opt for a full refund of the purchase price of the faulty product. The replacement product will be sent at no charge, as soon as possible, after we receive your faulty or damaged product. Subject to law, any faulty or damaged product(s) must be complete. Returns will not be accepted by us if the fault or damage to the product has been caused by accident or by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.
L. Snoop does not replace or refund for products as a result of a change of mind, so please choose carefully.
M. Nothing in these Terms and Conditions shall limit or reduce your rights at law.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the Website.
A. Excluding any User Submissions, all content on the Website, including without limitation:
a. the registered and unregistered trademarks, service marks and logos contained therein (“Snoop Trade Marks”); and
b. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;
(collectively, the “Snoop Content”), are owned by or licensed to Snoop, and are subject to copyright and other intellectual property rights under the law. Snoop Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Snoop reserves all rights not expressly granted in and to the Website and the Snoop Content.
B. You may access Snoop Content and User Submissions solely:
o for your information and personal use; and
o as intended through the normal functionality of the Website.
C. User Submissions and the Website are made available "as is".
D. You may access Snoop Content, User Submissions and other content only as permitted under these Terms and Conditions.
E. You agree to not engage in the use, copying, or distribution of any of the Snoop Content or User Submissions other than expressly permitted herein, including any use, copying, or distribution of the Snoop Content or User Submissions obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Snoop Content or User Submissions or enforce limitations on use of the Website or the Snoop Content or User Submissions therein.
G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Snoop is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Snoop Content that may be inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snoop with respect thereto, and agree to indemnify and hold Snoop, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
A. As a Website user you may submit content (“User Submissions”) from time to time through the functionality of the Website, including by providing testimonials or reviews. You understand that whether or not such User Submissions are published on the Website, Snoop does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, and Snoop will have no liability in this regard, to the full extent permitted by law. In connection with User Submissions, you affirm, represent, and/or warrant that:
i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Snoop to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions;
ii) you will not submit any User Submissions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that Snoop may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
iii) you will obtain prior consent from any person or property that may appear in your User Submission;
iv) to the extent applicable to your User Submission, your User Submission will reflect your actual, current and valid views and opinions at the time of submission and will not amount to a false testimonial;
v) your User Submission shall not contain viruses or cause injury or harm to any person or entity; and
vi) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Snoop, you hereby grant Snoop a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Snoop's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Website. You understand and agree, however, that Snoop may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. If you have any moral rights (or similar rights) in respect of User Submissions that you submit, you consent to Snoop using the User Submissions from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution, however Snoop will not make material alterations to any review or testimonial provided. Immediately on such moral rights beginning to exist, you waive your right to enforce those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Submissions that you submit, you must ensure that they agree to the above before you submit the User Submissions.
E. Snoop does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Snoop expressly disclaims any and all liability in connection with User Submissions. Snoop does not permit copyright infringing activities or infringement of any other intellectual property rights on its Website, and Snoop will remove any User Submission if Snoop is properly notified that such User Submission infringes on another's intellectual property rights, or if Snoop considers the content to be unsavoury or objectionable. Snoop reserves the right to remove User Submissions without prior notice, at its absolute discretion.
YOU AGREE THAT YOUR USE OF SNOOP PRODUCTS AND SERVICES AND THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SNOOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF OR YOUR USE OF ANY SNOOP PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SNOOP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SNOOP CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SNOOP PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SNOOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND SNOOP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SNOOP DOES NOT WARRANT THAT THE WEBSITE, OR THE SERVERS ON WHICH THE WEBSITE ARE HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, SNOOP IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SNOOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SNOOP’S PRODUCTS OR SERVICES OR RESULTING FROM THE INITIAL CREATION OF USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF SNOOP, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO LIMIT OR DOES LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT SNOOP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Snoop, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Snoop products and services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Snoop without restriction.
These Terms and Conditions, together with the Privacy Policy (at www.zerofucks.com/privacy-policy) and any other legal notices published by Snoop on the Website, shall constitute the entire agreement between you and Snoop concerning the Website and your use of the Snoop products or services. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Snoop's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Snoop reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website or purchase of Snoop products or services following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. These Terms and Conditions are made subject to the law in force in the State of New South Wales, Australia, and shall be interpreted and enforced by the courts in that jurisdiction, including with respect to any dispute arising under these Terms and Conditions.