Terms and Conditions
TERMS & CONDITIONS
1. Acknowledgement and Acceptance
Websites mean any website owned and/or operated by MAX SPARROW PTY LTD, and includes www.maxsparrow.com.au and any social media sites.
1.2 The information contained in the Max Sparrow websites is subject to change without notice. If you are a regular Max Sparrow visitor and/or member please check these Terms regularly.
1.3 The Max Sparrow translation service is provided in partnership with a third party. In the case of any discrepancies, the English version prevails. Please contact us here with any enquiries.
2. Using the Max Sparrow websites
All our users are responsible and legally liable for their activity, behaviour, use of and conduct on the Max Sparrow websites.
3. Your obligations when using the Max Sparrow website
3.1 Trade Marks and Copyright
(a) “Max Sparrow”, is the trading name for MAX SPARROW PTY LTD. All references to Max Sparrow include a reference to its related entities, authorised licensees and agents.
“Max Sparrow Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Max Sparrow.
(b) Under Australian and international law, the material on our website, including all pages, graphics and services, is subject to copyright. You must not, without our prior written permission:
1) unlawfully use any of our copyright material;
2) pass-off content from our site as your own - this includes the practice of 'framing' our site within another site as well as copying and re-using parts of the site; or
3) use the Max Sparrow Trade Marks without our prior written consent.
3.2 Unacceptable content
(a) When visiting or using the Max Sparrow websites you are prohibited from posting any material on the website that violates any laws, is threatening, abusive, defamatory, obscene or indecent, is false or misleading; infringes any third-party rights including copyright, trade marks or other intellectual property rights, distributes chain letters or pyramid schemes or spam users of the Max Sparrow website, distributes viruses or any other technologies that may harm the Max Sparrow website, the interests or property of Max Sparrow users, imposes an unreasonable load on our infrastructure or interferes with the proper working of the Max Sparrow website, copies, modifies, or distributes any other person's content without their consent, uses any robot, spider, scraper or other automated means to access the Max Sparrow website and collect content for any purpose without our express written permission, harvests or otherwise collects information about others, including email addresses, without their consent, bypasses measures used to prevent or restrict access to the Max Sparrow website.
3.3 Objecting to content
You are solely responsible for any content that you create, transmit or display on the Max Sparrow Website and for the consequences of your actions (including any loss or damage which Max Sparrow or any third party may suffer) by doing so. However, Max Sparrow has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Max Sparrow websites. If you find any content that is objectionable please contact our privacy officer here
3.4 User generated content
If you upload content, you agree to
(a) include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;
(b) indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy;
(c) warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the Max Sparrow websites is capable of a breach of the Australian Competition and Consumer Law Act 2010 or related legislation.
If you post materials to or links from the Max Sparrow websites that infringe any third party rights, you will indemnify Max Sparrow against any loss, liability, damage, cost (including Max Sparrow reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Max Sparrow websites.
3.5 Copyright Assignment
You agree to assign copyright in all original content that you post on the Max Sparrow websites to Max Sparrow and its partners, and agree to formally record such assignments when required. Max Sparrow and its partners retain the copyright on all content, design and artwork produced for the Max Sparrow websites.
If you upload photographs, audio or video recordings of yourself, you consent to give Max Sparrow and our partners the right to use these photographs and recordings in the production of the Max Sparrow websites. You will further allow Max Sparrow and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
3.7 Linking policy
You are welcome to put links on your site pointing to the Max Sparrow websites so long as they abide by these Terms and Conditions.
3.8 Comments Policy
At Max Sparrow we want as many of you as possible to engage in vibrant and lively discussions. However, there are limits to acceptable communication and we require that discussion and comments posted by users on the Max Sparrow websites are constructive and civilised. Max Sparrow will remove any comments or discussions in its absolute discretion for any reason, including communications which Max Sparrow considers to be inappropriate, offensive and in breach of these Terms and Conditions.
4. Copyright and Trade Mark Policy
Max Sparrow will respond to:
(a) notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act); and
(b) trade mark complaints.
Max Sparrow reserves the right to remove users and/or subscribers for copyright and trade mark infringements.
If you suspect that your copyright or trade marks have been infringed please contact our Privacy Officer here.
(a) The Competition and Consumer Act 2010 and similar legislation in Australian State and Territories may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but we exclude all other conditions and warranties implied by custom, law or statute.
(b) To the extent permitted by law and subject to your rights and remedies available at law, neither Max Sparrow nor its partners, affiliates, representatives or associated agents are liable to you or any third party for any loss in connection with the use of this site or any other linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(c) You acknowledge and agree that by using the Max Sparrow websites you use the Max Sparrow websites at your own risk.
(d) Neither Max Sparrow nor its related companies represent or warrant:
1) that your use will be uninterrupted, timely, secure or free from error;
2) the accuracy of any information obtained by you as a result of your use of the Max Sparrow websites, and
3) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
7. Third party websites
Our websites may link to third party websites which are not owned or operated by Max Sparrow. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites’ own terms and conditions.
8. Choice of Law/Forum
These Terms are governed by and construed in accordance with the laws of the state of New South Wales, Australia.
Max Sparrow strives to ensure that all information as to the details, specifications, prices and description of goods which appear on the Max Sparrow websites are accurate. If we discover an error in the price or information we provide about a product or goods, we will inform you as soon as possible and give you the option of completing your purchase (in the event you have purchased the product) or cancelling your order. Pricing shown on the website is inclusive of GST and delivery costs will be charged in addition to the product price unless otherwise advised or displayed in a special offer.
Max Sparrow reserves the right to update, correct and amend its pricing and information about its products and goods as it sees fit. In identifying the price shown, Max Sparrow makes no warranty or guarantee as to whether the price shown is the cheapest price or cheapest recommended retail price in the market.
10. Payment and processing of goods
When you pay with credit card, we may undertake a pre-authorisation check to ensure there are sufficient funds on your card to meet the payment of your transaction. Goods and products will not be processed for dispatch until this pre-authorisation check has been made, after which time, your credit card will then be deducted the payment price of your purchase
Payments by American Express may attract a surcharge of 3%.
11. Feedback or complaints
Max Sparrow is committed to improving its websites and ultimately improving the services for our customers. We welcome feedback, good or bad. Max Sparrow has a complaints handling procedure and we would welcome the opportunity to address your concern or to hear how we can do better. Please let us know your thoughts by emailing us here
12. Terms of sale
By submitting your order to purchase Max Sparrow products and goods, you are purchasing the products and goods knowing that all orders are subject to availability and confirmation of the purchase price. Delivery times are also variable and may be affected by delays or events beyond Max Sparrow’s control.
a) Delivery Fees vary based on product, quantity ordered and your delivery location. These fees will be displayed and highlighted to you before completing your order.
b) Dispatch times for delivery may vary according to availability and any guarantees or representations made as to delivery times may vary according to delays resulting from postage or courier delays or force majeure events which are outside Max Sparrow’s control.
c) Delivery of goods will be made at the delivery address specified by you during the order process. You will need to provide a current street address for delivery to take place.
d) If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representatives instructions as if they were your own.
e) You or your nominated representative will be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery manifest this will be taken as a refusal to accept delivery and you may be required to pay an associated fee for redelivery.
f) You agree to provide us with as much detail as possible about particular features of the delivery address to ensure delivery can take place easily. This includes without limitation any: (a) Restricted access or parking for the delivery truck; (b) Restricted or limited access to the premises; or (c) if you have narrow doors, spiral staircases or tight corners. When redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery. Please ensure that you have read and understood the ‘Will it Fit Guide’ which islocated here
g) Upon delivery, you must inspect and test your goods and check that the goods delivered match the type, model, colour, features and quantity of your order. If there is obvious damage to the goods due to transit, you must contact us here as soon as possible. If the goods are not as ordered, you may return the goods to us in accordance with the Return and Refund policy. You must let us know of any damaged goods, missing and incorrect goods as soon as possible.
h) Any returns due to you changing your mind about your purchase will attract a redelivery fee. Please refer to our Return and Refund policy here.
i) The delivery cost does not include set-up costs or removing the packaging, rubbish or disused furniture. These can be arranged with our delivery company for an additional charge.
j) Insurance is not available as part of your order, we suggest that you inquire about Insurance policies through our chosen delivery company, Designer Transport.
k) Max Sparrow does not accept responsibility for any delay in delivery or failure in delivery caused by our delivery company.
Terms & Conditions updated on Tuesday 5th March