Terms and Conditions

By accessing, using or browsing on this website, or by continuing to do
so, you expressly accept and agree to be bound by these Terms. In accepting
these Terms, you agree that these Terms and our Privacy Policy will apply
whenever you access or use this website.

NELSON MADE PTY LTD ABN 42 662 176 515 (“we”,
“us” or “our”) may amend these Terms from time to time. Your use of the website
after we make amendments to these Terms will oblige you to comply with these
Terms as amended. However, we will not change any terms and conditions for an
existing order for Goods that has been accepted by us. The terms and conditions
that will apply to the order are the terms and conditions that applied at the
time you placed your order for Goods.

1. Sale of Goods on website

1.1   You must possess a valid credit or debit card to place an order for
shoes or other goods offered for sale by us (“Goods”) on the website

1.2   We will supply the Goods to you on these Terms.

1.3   You must pay for the Goods at the time you place an order for the
Goods on the website. After you place an order for Goods, you will receive an
email confirmation from us containing your order details.

1.4   Title and risk in the Goods will pass to you upon full payment for
the Goods.

1.5   We use Stripe, Shop pay, Paypal, Afterpay, Google Pay and Klarna to
process our online credit card transactions. All online credit card
transactions performed on this website using are secured payments. For more
information on Stripe, Shop pay, Paypal, Afterpay, Google Pay and Klarna terms
and policies, please visit their websites.

1.6   All advertised prices on our website are in Australian Dollars and
GST is included.

1.7   Goods prices do not include delivery fees. Delivery fees will be
quoted before you submit your order for Goods.

1.8   You acknowledge and agree that any incorrect information submitted
in your order for Goods may delay or impede the delivery of Goods. We take no
responsibility for any incorrect address details being provided. Additional
fees may be charged for re-delivery of Goods.

1.9   If the Goods are damaged when you receive them, please email us at hello@nelsonmade.com.au
within fourteen days after you have received them so that we can resolve any
problems. Refunds will be provided for non-faulty good in-line with our refunds
policy available at nelsonmade.com.au/shipping-returns.

1.10  To the maximum extent permitted by law, our sole liability to you in
respect of any defective Goods is (at our election) limited to:

1.10.1     the resupply of the defective Goods to you; or

1.10.2     refund of the price paid by you for the defective Goods.

1.11  You will comply with our directions and provide all requested
information to us in respect of any product recalls for the Goods.

2. Intellectual property

2.1   All intellectual property in this website, its content and the
Goods, including copyright, any trade marks and any other intellectual property
rights in or associated with this website and the Goods is owned or licensed to
us.

2.2   You must not do or allow any third party to do anything which may
infringe, damage or endanger our intellectual property rights or the
intellectual property rights of a third party in respect of the website, its
content and the Goods.

3. Privacy

We will collect, hold and use your personal information in accordance with our
Privacy Policy available on this website. Our Privacy Policy sets out:

3.1   the purposes for which your personal information is collected;

3.2   the consequences if your personal information is not provided to us;

3.3   the third parties to which we disclose your personal information;

3.4   how you may seek access or correction of your personal information;

3.5   whether your personal information is likely to be disclosed to
overseas entities and in which countries; and

3.6.  how you can complain about a breach of our obligations in respect of
your personal information and how such a complaint will be dealt with.

4. Security

4.1   We take all reasonable steps to ensure the security of our systems.
Any information which we hold for you is stored on secure servers. In addition,
our employees and the contractors who provide services relating to our
information systems (as applicable) are obliged to respect the confidentiality
of any personal information held by us. However, we will not be held
responsible for any loss that may arise from unauthorised access to your
personal information subject to any negligence or breach of law on our behalf.

4.2.  The website may contain links to other websites. We are not
responsible for the privacy practices or the content of such websites. We
accept no responsibility for any liability that may arise from your use of a
third party website.

4.3   We exercise all due care to ensure that your information is secure
on our system. However, the possibility exists that the information could be
unlawfully observed by a third party while the data is being transmitted over
the internet or while stored on cloud based servers. We accept no liability
that may arise if any other persons obtain the information you submit to the
website, subject to any negligence or breach of law on our behalf.

5. No representations and warranties

5.1   To the maximum extent permitted by law, we do not provide any
representations or warranties relating to this website, its availability or the
Goods.

5.2   We will not be responsible in any way for the availability of the
website subject to any negligence, breach of law or circumstances within our
reasonable control. We will use commercially reasonable endeavours (taking into
account our internal standards, written or otherwise) to maintain the
performance of this website where this is within our direct control.

5.3   We do not warrant that the website will operate error-free or that
the website and its server are free from computer viruses or other harmful
mechanisms.

6. Risks and release from liability

To the maximum extent permitted by law:

6.1   we accept no liability for any loss or damage howsoever arising
(including any indirect or consequential loss) to any person or corporation who
may rely on the information contained on this website for any purpose or as a
result of the use of or access to this website or use of the Goods; and

6.2   you release us from all damages, losses, actions, costs, claims,
demands and causes of action whatsoever at law, in equity or under statute
which you or anyone claiming through you may have, or might at any time have or
have had against us in respect of, arising out of or resulting from access,
attempted access or use of the website or use of the Goods.

7. Third party data

We are not responsible for the content of any data on or accessed through the
website that is not originated by us. We exercise no direct supervision or
control over the content of such data. We do not assume any responsibility for
data not actually provided or expressly authorised by us. The responsibility
for data that does not conform to these Terms and all possible consequences lie
with the provider or sender of the data. You will be responsible for all data
transmitted to or through the website through your “my account” login.

8. Acceptable uses

You must use the website responsibly and within the law. It is your
responsibility to:

8.1   use the website in a manner which does not violate any applicable
laws or regulations;

8.2   respect the legal protection afforded by copyright, trade mark,
license rights and other laws to data accessible via the website;

8.3   respect the privacy of others;

8.4   use the website in a manner which does not interfere with or disrupt
other users of the website, services or equipment;

8.5   refrain from acts that waste resources or prevent other users from
receiving the full benefit of the website;

8.6   use the website lawfully, ethically and in accordance with accepted
community standards; and

8.7   maintain the security and confidentiality of all login details
provided to you in respect of the website.

9. Unacceptable uses

9.1   You must not use the website in any way which breaches local, state,
federal or international laws or regulations. Without limiting that, you must
not:

9.1.1     violate copyright, trademark or other intellectual property
rights;

9.1.2     illegally store, use or distribute software owned by or
licensed to us;

9.1.3     transmit threatening, obscene or offensive materials;

9.1.4     discriminate or promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;

9.1.5     misrepresent or defame others;

9.1.6     commit fraud;

9.1.7     damage, modify or destroy any of our or any other person’s
files, data, passwords, devices or resources;

9.1.8     make an unauthorised transmission of confidential
information or data protected by trade secrets;

9.1.9     engage in misleading or deceptive on-line practices;

9.1.10    conduct any business or activity or solicit the performance
of any activity that is unlawful;

9.1.11    impersonate any person, or misrepresent your identity or
affiliation with any person; or

9.1.12    attempt to do any of these things.

9.2   You must not use the website to interfere with or disrupt the
website or other users, services or equipment. In particular, for example, you
must not:

9.2.1     distribute messages to inappropriate or unrelated forums,
newsgroups or mailing lists;

9.2.2     send unsolicited commercial messages;

9.2.3    initiate or spread computer worms, viruses or other types of
malicious programs;

9.2.4    make transmissions of any type or quantity which adversely
affect the operation of the website or jeopardises the use of the website, or
its performance for other users of the website;

9.2.5     harass or impersonate us, the website or other users of the
website;

9.2.6     engage in conduct which causes a threatened or actual
nuisance to other users of the website; or

9.2.7     violate or attempt to violate the security of the website.

10. Our rights

10.1    You will indemnify us against all damages, losses, actions,
costs, claims, demands and causes of action whatsoever at law, in equity or
under statute that we suffer or incur as a result of any breach of these Terms
by you.

10.2   Without limiting any of our other rights, if you breach any term of
these Terms, we will have the right to:

10.2.1     confiscate or destroy or require you to return or destroy,
at your cost, all material that you have obtained from the website (others than
any Goods for which you have paid for in full);

10.2.2     require you to delete or otherwise permanently remove from
any electronic device, information you have obtained from the website, using
any means reasonably necessary;

10.2.3     suspend or terminate your access to the website; and

10.2.4     take any other action against you.

10.3   These Terms are governed by and are to be interpreted pursuant to
Victorian law and users of the website submit to the exclusive jurisdiction of
Victorian courts in respect of any disputes under or related to these Terms or
a user’s access to or use of the website.

11. What we may do to ensure that these Terms are being followed

11.1    We may (but are not obliged to) monitor your use of the
website to determine whether these Terms are being followed. If we monitor your
use, we will safeguard your privacy unless doing so would involve us concealing
a criminal offence, be contrary to law or inhibit the enforcement of these
Terms.

11.2   If we become concerned that your use of the website may break the
law or that you have not complied with these Terms, we will generally attempt
to contact you before taking action (if possible).

11.3   If we believe that your use of the website may break the law or
that you have not complied with these Terms we may:

11.3.1     notify you by email (if possible);

11.3.2     suspend or terminate your access to the website without
notice; and/or

11.3.3     notify and provide relevant information to the
authorities, as appears appropriate in the circumstances.

12. Limitations

12.1   Whilst we will make all commercially reasonable efforts to post a
prior warning on the website, we may from time to time suspend, disconnect or
deny access to the website, without notice to you during any technical failure,
modification or maintenance affecting the website, provided that we will use
commercially reasonable endeavours (taking into account our internal standards,
written or otherwise adopted) to procure the resumption of the website as soon
as reasonably practicable.

12.2   Without notice to you, we may remove, amend or alter any material
or data in the website upon being made aware of any claim or allegation or risk
of a claim or allegation that any such material or data is unlawful,
defamatory, offensive or in breach of a third party’s rights.