Terms and Conditions
The www.theninetynine.com.au website (the “Site” is owned and operated by, and is a service of THENINETYNINE (ABN 90 318 684 976). These Conditions of Service, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Conditions”), set forth the terms and conditions under which you may use and access the Site.
THESE CONDITIONS CONTAIN WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. In the event of a violation of these Conditions, THENINETYNINE reserves the right to seek all remedies available by law and in equity. You are invited to read them carefully and print a copy for future reference.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; and/or offer opportunities to some or all users of the Sites.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the sites.
Use of Site and Content
Use of Site: You may access and use the Site solely for your personal use in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.
Personal Information Submitted Through The Sites
THENINETYNINE guarantees the authenticity of all products purchased.
All prices on the Site are in AUD. Prices may change without notice. THENINETYNINE reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, THENINETYNINE will notify the customer by email.
THENINETYNINE uses Shopify Pay as a gateway to process credit card payments from our Site. For security reasons, the billing name and address must match that of the credit or debit card used for payment. THENINETYNINE reserves the right to cancel any order that does not match these criteria.
Intellectual Property (IP)
Except for Content that is in the public domain, all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) THENINETYNINE, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Conditions. Except as otherwise expressly provided in these Conditions, all rights in and to the Content are expressly reserved by THENINETYNINE.
Links to Third Party Websites
Links to External Sites: We may provide hyperlinks to other web sites and Internet resources operated by parties other than THENINETYNINE. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THENINETYNINE, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS THENINETYNINE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.
Limitation of Liability
IN NO EVENT WILL THENINETYNINE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF THENINETYNINE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
You agree to defend, indemnify and hold THENINETYNINE harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of these Conditions.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Additional Conditions and Modifications to Conditions
WE MAY ADD ADDITIONAL CONDITIONS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH CONDITIONS ON THE SITE FROM TIME-TO-TIME. In addition, we may revise these Conditions at anytime. When we do, we will also revise the “last updated” date at the top of these Conditions. You are responsible for regularly reviewing the current Conditions. The most current version of the Conditions can be reviewed by clicking on the “Conditions of Use” hypertext link located at the bottom of our web pages. Your continued use of the Site after we post any revised Conditions constitutes your agreement to any such revised terms. If you object to any of these Conditions or any subsequent changes, your may not use of the Site.