PART A: INTRODUCTION
These terms govern the use of futurehub.co (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any services from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website. When purchasing services from the Website, these Terms and Conditions form a contract between the customer (you) and Future Hub Co Pty Ltd ACN 169 152 354 and apply to the ordering, purchase, fulfilment and delivery of goods from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre and a representative will be happy to assist you. The Customer Service team operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 9.00am until 5.00pm (Australian Eastern Standard/Daylight Savings Time).
The contact email for our team are:
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Future Hub Co in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
- where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);
- where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority);
Returns Policy means the Future Hub Returns Policy found on the Website Returns and Refunds.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Website means www.futurehub.co
we or us or our or Future Hub or Future Hub Online means Future Hub Co Pty Ltd, ACN169 152 354.
you or your means you as the user of the Website, including as a purchaser of Goods from Future Hub pursuant to these Terms and Conditions.
PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES ON THE FUTURE HUB WEBSITE
- COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by the Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Future Hub with respect to the supply of Goods, in accordance with these Terms and Conditions
- PLACING ORDERS FOR GOODS
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods & Services for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia). That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods & Services intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order
3.5. You may Order from Future Hub if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law.
3.7. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
3.9 In submitting an Order you represent and warrant to Future Hub that:
- you are over the age of 18;
- you have read and agree to these Terms and Conditions; and
- you have complied with all applicable Laws.
- ACCEPTANCE AND REJECTION OF ORDERS
4.1 Future Hub reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery.
4.2 When we accept an Order, it represents an agreement by Future Hub to supply you the Goods and Services in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order wherever possible. Future Hub will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Future Hub is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
- PRICE AND PAYMENT
5.1 Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery.
5.2 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or Paypal.
5.4 Future Hub Online reserves the right to change or alter Prices of Goods or Services on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 4.3 will apply).
5.5 In respect of any Order, we will charge you and you agree to pay to us:
- the Purchase Price (which is the Price at the time the Order is submitted in Australian Dollars); and
- the Delivery Fee (if any).
5.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card or Pay Pal. When paying by credit card, you authorise Future Hub Online to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
5.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Future Hub Online before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
5.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
5.9 You will receive an invoice by email once payment in respect of your Order has been processed.
5.10 Future Hub Online uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
- RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to your computer.
- ORDER CANCELLATIONS AND RETURNS
7.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us.
7.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
7.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Future Hub Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
7.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Future Hub Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
PART C: TERMS AND CONDITIONS FOR SUBMISSIONS
- OWNERSHIP OF SUBMISSIONS
Other than personal information which is subject to our Returns Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Future Hub on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of Future Luxury once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Future Luxury the rights set out in these Terms and Conditions in respect of your Submissions.
- SOCIAL NETWORKING SITES
- INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS
A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Future Hub of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Future Hub’ related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Future Hub’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).
- RULES FOR SUBMISSIONS
Please be polite and only write in English.
12.1 You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.
12.2 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
12.3 Submissions should not include:
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- comments about other reviewers or bloggers
- remarks making criminal accusations, or false, defamatory or misleading statements
- material which impersonates others
- spam or advertising
- third party brand names or trade marks
- personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- HTML code, computer script or website URLs
- availability, price or alternative ordering or delivery information
- information about Future Hub’ suppliers or manufacturers
12.4 Future Hub, in its absolute discretion, reserves the right to:
- not publish the Submission or remove it
- take any appropriate action if deemed necessary
- remove reviews which relate to seasonal products which are no longer in season
Please let us know if you see any Submissions which do not comply with our rules.
PART D: GENERAL
- COPYRIGHT AND TRADE MARKS
13.1 The Website and all material provided on the Website are owned or licensed by Future Hub Online, including the “look” and “feel” of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Future Luxury.
13.2 Various trade marks displayed on the Website (whether registered or otherwise), including FUTURE HUB are owned by Future Hub. Other product and company names mentioned on the Website may be the trade marks of other people or entities. The trade marks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Future Luxury’ products and would like to request permission to use photography or other content from the Website for business purposes, please contact our customer service team via email.
13.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.
14.1 The information contained on the Website is provided by Future Hub in good faith. To the best of Future Hub’ knowledge, the information is accurate and current. However, the Website and its contents are provided to you on “as is” basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Future Hub and its related bodies corporate, and their directors, officers, employees, and agents (“Future Hub’ Associates”) make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
14.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Future Hub excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
- LIMITATION OF FUTURE HUB’ LIABILITY
15.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Future Hub will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website, including your membership of Future Luxury, or resulting from use of goods or services supplied to you, or on your behalf, through the Website.
15.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Future Luxury or Future Hub’ Associates in connection with goods or services supplied to you will, at the election of Future Hub, be limited to:
- replacement of goods
15.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
17.2 You represent and warrant to Future Hub that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date.
- VIRUS WARNING
All care is taken to ensure that the Website and data transmissions are free from viruses. However Future Hub cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Future Hub entirely of all responsibility for any consequences of its use.
- THIRD PARTY SITES
20.1 The Website may contain links to third party sites. Future Hub is not responsible for the condition or content of those sites as they are not under Future Hub’s control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Future Luxury of the sites or the products or services provided on the site. Future Hub does not permit any linkages to the Website without prior permission.
20.2 Any third-party advertising on Future Hub’ pages of third party social networking sites are not the responsibility of, or endorsed by, Future Hub. All rights, including copyright in Future Hub’ pages, are owned by or licensed to Future Hub. Any use of any Future Luxury’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Future Hub. All worldwide rights reserved.
- ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- SECURITY AND VIRUSES
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
Future Hub reserves the right to, at its discretion, terminate your access to and use of the Website:
- for convenience, at any time, upon provision of notice to you;
- immediately: i. if Future Hub reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy;
or ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
24.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute. In any purchase of Goods, your transaction is deemed to have taken place in Melbourne, Victoria.
24.2 The Website may be accessed from Australia or overseas. Future Hub makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
24.3 Only you and Future Hub shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
24.4 Future Hub reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Future Hub Online with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website, including terminate your membership of Future Luxury by contacting Future Hub Customer Service on the following email. Your continued use of the Website, including any part of Future Hub, will constitute acceptance of the amended Terms and Conditions.
24.5 Future Hub may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us here.
24.6 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
24.7 A failure or delay by Future Hub to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Future Hub does not preclude its future exercise or the exercise of any power or right.