This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through this Site or directly from you. This Privacy Policy applies to visitors to our Site and to our online customers.

Please read this Privacy Policy carefully and contact us if you have any questions. By providing us with personal information or visiting our Site indicates that you have read and accepted this Privacy Policy and our Website Terms of Use, Terms and Conditions and promotional Trading Terms (Terms) available on our Site. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of our Site or any products and services offered on it. If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy. We recognise the importance of implementing a Privacy Policy which protects the interests of all our customers and is required to comply with the Privacy Act 1988 (Cth). The purpose of this statement is to communicate how information about our customers is gathered and more importantly, how it is utilized. We ensure to take all reasonable measures to comply with this Privacy Policy and ensure your data is treated securely.

1. INTRODUCTION

1.1. Introduction: These Terms and Conditions apply to Heroes For People, by MINDS ON THE TABLE (ABN 63 819 759 820) The term ‘us’ or ‘our’ or ‘we’ refers to HEROES FOR PEOPLE The term ‘you’ or ‘your’ or ‘user’ or ‘customer’ refers to the website user.

We will only supply goods and services to any customer on the following terms and conditions (‘the Terms and Conditions’) unless we agree in writing to vary the Terms and Conditions. A customer is deemed to accept the Terms and Conditions when they visit or purchase any goods within this Site. These Terms and Conditions should be read in conjunction with the Website Terms of Use and Privacy Policy (the Terms).

Prior to placing an order, we recommend you carefully read the Terms that are in effect at the time to ensure you understand and agree to them. We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current Terms. The published online version of the Terms will supersede all previous versions. Materials and information (Content) on this Site are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

1.2. Definitions and Interpretation in these Terms and Conditions: ‘Business Day’ means a weekday Monday to Friday between the hours of 9:00 am and 4:00 pm; ‘Goods’ means the final goods produced by us by completing the Order; ‘GST’ means Goods and Services Tax, as defined in A New Tax System (Goods and Services Tax) Act, 1999; ‘Order’ means a successful online transaction made on our Site for the purchase of goods.

1.3. Business Day: if the day on which any act, matter or thing is to be done under these Terms and Conditions is not a Business Day, that act, matter or thing: (a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and (b) in all other cases, maybe done on the next Business Day.

2. USER CONTENT

2.1. Uploading content: to place your order with us you may need to access and upload your photos. You can access these photos from your device's photo gallery. All Images must meet our Image specifications, which may be changed by us from time to time.

By uploading your image to our Site you agree to the following:

✔ when you upload an image, it will be kept during the session of creating your personalised product. Once the product has been approved, this image will be deleted;

✔ our policies concerning the storage of images and user content may change from time to time;

✔ your contact details, including email address, mailing address, street address and/or telephone number;

✔ if an image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that image in conjunction with some or all of our products;

✔ you should make sure that your images are securely stored elsewhere, as we do not undertake or guarantee to keep your images and other user content indefinitely, and we will not be responsible for the loss of, deletion or corruption of images or any user content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).

2.2. User Content and Content Rules: Images, words, names and other material (including textual annotations to and comments on Images) uploaded and printed on product, by a User on, through or in connection with us are treated as "User Content" for the purposes of these Terms. Users must have the right to deal, and the right to authorise us to deal, with their User Content in the ways that they and we use it in connection with the Services or for other purposes referred to in these Terms. You must not upload User Content, or otherwise deal with User Content if you do not have the right to do so. Each User shall ensure that his/her User Content, and his/her and our use of it, does not:

✔ infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to our Site or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it;

✔ misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy;

✔ infringe anyone’s privacy or data protection rights; in particular, you must ensure you have the right to depict any person who appears in an Image that you upload to our Site and to authorise the subsequent use of it;

✔ infringe any other rights, such as a trade mark or intellectual property, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;

✔ contravene any applicable law (including, without limitation, any criminal law) or regulation;

✔ include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;

✔ contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;

✔ misrepresent the User's identity in any way or impersonate any person;

✔ include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;

✔ contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;

✔ harass, upset, embarrass, alarm or annoy any person;

✔ give the impression that it emanates from us, if this is not the case; or

✔ infringe our fair use requirements or otherwise interfere with the proper working of our Site and/or our Services.

IMPORTANT NOTE: Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be accessible through our Site or on our products which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or on our products please contact us.

We may without notice cancel any order or delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services which includes any such Image or User Content.

We do not endorse or approve, and are not responsible for any User Content.

3. ORDERS

All orders are final, unless otherwise noted. No refunds are given once we begin production of your order or if you have not cancelled your order within the terms stated under ‘3.4 Order Cancellations’. You acknowledge and agree that when purchasing goods from us that you accept the following:

✔ orders placed separately or consecutively cannot be consolidated. A separate delivery fee will be applied to each order;

✔ once an order has been placed you will be unable to add further products to the existing order;

✔ all goods purchased are intended for personal non-commercial use only. The customer agrees goods may not be resold;

✔ you will abide by the all the terms regarding promotions where goods are limited by per person or per address. Any quantity restrictions will be stated on the promotional material and relative promotion terms and conditions;

✔ the customer must be at least 18 years of age with an active phone number and email address to purchase Goods;

✔ additional charges in addition to the order amount may be charged to you. If additional charges are to be incurred the customer will be notified via their order email address or verbally via their contact number; and

✔ we will not be liable for spelling, punctuation or grammatical errors made by the user, errors in user selected product type, size, quantity or duplicate orders placed by the user.

3.1. Placing an Order: When an online order has been completed and is successful you will receive an e-mail from us acknowledging that we have received your order.The order email confirmation does not mean that your order has been accepted. Your order establishes an offer to us to buy a product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (‘Dispatch Confirmation’). Your order will not be dispatched until payment is received in accordance with our payment provisions.

3.2. Order rejection: We reserve the right to accept or reject your order for any reason at any time. If an order has been rejected, the customer will be notified via the email address or phone number listed on the order. The customer will receive a refund of any money paid via the payment method used on the original purchase.

3.3. Order Changes: We are able to do changes before the product has been approved and sent to the printing service. Once the product has been approved and there is a mistake with your order, you will not be able to make amendments. This process is entirely automatic, and we are unable to disrupt the process. Please kindly note that we ask and require our customers to confirm their choices and the information provided

3.4. Order Cancellation: All orders are final unless otherwise noted. Our products are highly personalised and as such your order can only be returned if Faulty, your Order cannot be cancelled please see our ‘8. Returns Policy’. No refunds are given once we begin the production of your order. Order cancellations may only be made for orders which have duplicated due to a connection error and not due to a change of mind basis on the design/personalisation/product provided to us. For any duplicated orders, this must be communicated with us within 2 business hours of placing your order.

4. PRICE & PAYMENT

4.1. Pricing and Payment: When making an order you are agreeing that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit, debit card, or account used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible. Once we receive full payment and have sent your Order Confirmation, we will start to process your Order.

4.2. Pricing of Goods: The price payable for the products will be shown on our Site in AUD and are inclusive of 10% GST these prices exclude delivery charges. Delivery charges are shown separately when ordering dependant on the shipping address and shipping type selected. Pricing for goods are subject to change without notice however these price changes will not affect orders that have already been accepted and placed.

4.3. Payment Types: Payment for goods can only be made by an authorised person through the acceptable payment types specified on the Site and shall not be deemed to be made until we have received funds in respect of the full amount stated in the order. The acceptable types of payment that may be offered on our Sites are listed below, please see the payment providers own website for further details.

✔ Visa, Visa Debit, Mastercard;

✔ Paypal;

4.4. Third-party payment providers: Payment of the purchase price may be made through a third-party payment provider. In using the purchase services, you acknowledge that you have familiarised yourself with and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment provider.

5. PROMOTIONAL CODES AND SALE

When redeeming a promotional code or offer advertised on our website, please refer to the specific Promotional Terms and Conditions. These below terms and conditions apply to all promotions where you must redeem a promotional code. You acknowledge and agree that when purchasing goods through this Site using a promotional code that you accept the following:

✔ it is your responsibility to ensure that a promotional code is valid and that it is entered and applied correctly at the time of placing an order;

✔ only one promotion code can be used per order and cannot be combined with any other offers;

✔ promotion codes may only be made available for a limited time and all references to times in promotions are based on local time in Adelaide, Australia unless stated otherwise;

✔ promotional codes may only be applied to specific products and may be limited by goods or limited per person or per address or quantity restrictions, these details will be stated on the specific Promotional Terms and Conditions;

✔ we reserve the right to modify or cancel promotion codes at any time;

✔ the promotional code is not transferable, may not be resold or redeemed for cash;

✔ you have read the terms of individual promotional offers carefully. Some offers may exclude postage and handling costs and other costs incurred because of redeeming the offer;

✔ promotional offers will not be honoured for any existing orders or orders placed prior to the promotion commencing; and

✔ we will not be able to manually enter a promotional code to an order after it has been placed

Important Note: If we have determined a technical issue has occurred internally during the promotion or promotional code application and this fault has resulted in a failure to complete your order in accordance to the promotion, we may at our own discretion still honour the promotion or promotional code.

6. GOODS

6.1. Products/Goods: Products should only be used for the purpose for which they are designed for.

6.2. Product Images: Whilst we do everything possible to ensure product images accurately depict the product, please note that product images displayed on the Site are for illustrative purposes only and may differ from the actual product. Due to differences in monitors and other viewing devices, colours of products and designs may also appear different to those shown on the site. We will display some products as a photo, these are for reference only and should also be considered illustrative

All names used as examples on product images are fictitious and are for illustrative purposes only, they do not depict any actual person (living or deceased).

6.3. Product Availability: All products and designs as published on the Site are subject to change or can be removed at any time without notice. We will make every attempt to update our Site in real time as much as possible but may from time to time, run out of stock of an item and may not be able to fulfil all or part of your order. If this happens, we will contact you via the email address or phone number assigned to the order, and we will refund you the price paid for the item impacted or offer a replacement recommendation.

6.4. Content: Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control. The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty (unless otherwise specified) in relation to it, to the maximum extent permitted by law.

6.5 Production Times: Although we will make every attempt to clearly convey the estimated production time for your products to be made, these production times are to be used as a guide only and are subject to change due to both foreseeable and unforeseeable circumstances which can occur at any time without notice or as updated on our Site.

7. DELIVERY

7.1. Delivery and Arrival times: Your order will be fulfilled, and the delivery will commence once the Dispatch Confirmation is emailed to you. Delivery will only be made by our printed service providers. Standard delivery option will be included with every order, For a different type of delivery available please contact us and we will contact our printer provider to give you a better option. Special delivery options will have an additional fee.

You acknowledge we offer delivery services using third-party freight providers. We will not be held liable for any lost or damaged items during the delivery services. Delivery transit times vary, and we assume no responsibility for delays caused by freight carriers, weather or any damages resulting from the failure to receive your order on time. Your order may arrive late due to unforeseen delays in delivery service, excessive demand, the breakdown of equipment, illness, etc. Target arrival dates are calculated by adding the production turnaround time to the delivery time. Both production and delivery times are based on business days only and do not include weekends or holidays. You acknowledge that we will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery services.

7.2. Delivery of your Order: Once your order has been dispatched it is now the responsibility of the carrier to ensure that your goods are delivered. The tracking available will be sent forward to our customers, once we receive it from our printer provider.

You may be referred to the carrier’s website for further tracking and information on the delivery of your order. If your order is too large to fit into a mailbox, the carrier may leave your order in a safe place. If no one is home to sign for this delivery, a collection slip will be left, and your order will be redirected to your local post office for pick up.

Important note: It is the customers responsibility to collect this within 10 days of the attempted delivery date, or it may be returned to us and another shipping fee will apply.

7.3. Your Delivery Responsibility: Upon delivery of your order, you are responsible to ensure that there are no visible signs of damaged, missing, or incorrect pieces. If there are missing, damaged or incorrect packages, please contact us within 48 hours of your delivery. For any other problems with your order, please refer to ‘8 Returns Policy’.

7.4. Incorrect Address Information: If you have provided incorrect address information and your order has not been despatched our customer service team will make every attempt to rectify the address details for you. We will not be liable to you for any loss you or any third party suffers from a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided by you. If you have made a mistake on your address information and it has already been dispatched it is your responsibility to contact the carrier with correct address information and they may be able to rectify the delivery address at their discretion

7.5. Return to Sender: If an issue has occurred with your delivery the carrier may return the goods to us. If the goods are returned, we will attempt to contact you using your order details to attempt to re-deliver. If the delivery failed due to incorrect and/or incomplete address information provided in your order you will be responsible for the re-delivery fee

Important note: If a delivery has failed the carrier does not guarantee that they will return the goods to us.

8. RETURNS POLICY

All our products are produced to order and are highly personalised so unfortunately; we will not be able to accept returns based on change of mind or use outside of what the product is intended for.

8.1. Australian Consumer Law guarantees: Nothing in these Terms and Conditions attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our products come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms and Conditions. If you wish to lodge a claim under the Australian Consumer Law please contact us.

8.2. Making a claim under the Australian Consumer Law:

✔ to seek an Australian Consumer Law remedy, please contact us and have that contact acknowledged prior to returning the products;

✔ you may be asked to provide photographic evidence of the product;

✔ you may be asked to send the product back to us to allow for a reasonable opportunity to fully inspect the product. If you are asked to return the product you will receive instructions of how to post your product for return;

✔ we will cover the postage costs for the return of the product if deemed to have breached an Australian Consumer Law guarantee;

✔ if the product is deemed to not be a breach of an Australian Consumer Law guarantee by us, you will be liable for shipping costs to return the product;

✔ if a refund is offered by us, you will be refunded the amount of the product paid for at the time including shipping. If the product was purchased with other products in a consolidated order you will not be eligible to receive a refund on original postage costs;

✔ it is your responsibility to track the delivery of your returned product until received.

8.3. Processing your return claim: We aim to process returns within 5 business days of receiving them. If you’re concerned that your return has but not processed in a timely manner, please contact us.

8.4. Refunds: Where we are issuing you a refund, the refund will be issued via the payment method used on the original purchase. In using the purchase services, you acknowledge that you have familiarised yourself with and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation and policies provided by the payment provider.

9. GENERAL MATTERS

9.1. Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our service, products, our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

9.2. Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

9.3. Force Majeure: We will have no liability to the customer in relation to any loss, damage or expense caused by us being unable to complete the Order or to deliver the Goods as a result of fire, storm, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, lockdown, accident, transportation embargo, breakdown, war, restrictions by governments or other competent authority, the inability of our normal suppliers to supply necessary materials, late arrival of stock or other material, any other act or omission of a third person or third party supplier, or any other matter beyond our reasonable control.

9.4. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

We may at any time terminate the terms with you if:

✔ you have breached any provision of the terms or intend to breach any provision;

✔ we are required to do so by law;

✔ we are transitioning to no longer provide the purchase services and or Site access to users; or

✔ we cease to provide the purchase services and or Site access to users.

9.5. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

9.6. Jurisdiction: Your use of our Site and these Terms are governed by the laws of the state of South Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in the state of South Australia, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

10. SOCIAL MEDIA

The term ‘social media’ refers broadly to any online media which allows for user participation, interaction or publishing. Commonly used social media tools include but are not limited to; Instagram, Facebook, YouTube, Twitter, Snap Chat, Pinterest.

Our company representatives will use social media as a form of communication with the general public however we have not reviewed and cannot review all Posts and we are not responsible for liability arising out of any public posts. No representative is authorized to conclude any binding agreement on behalf of Heroes For People with another party without express written confirmation by a Director. Any views or opinions presented on social media are solely those of the author and do not necessarily represent those of the company. Representatives of the company are expressly required not to make defamatory statements and not to infringe or authorize any infringement of copyright or any other legal right. Any such communication is contrary to company policy and outside the scope of the engagement or employment of the individual concerned. The company will not accept any liability in respect of such communication.