Terms and Conditions

 

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our online payment provider, unless legally required to do so by the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products, with rare emails (no more than two per year) of additional member-only offers.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• Excludes all liability for damages arising out of or in connection with your use of this website and the products sold on this wedsite. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; injury or death to yourself or bystanders.

This Company does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

For pre-orders through the website, orders are considered confirmed at 9am on Territory Day unless a cancellation is received in writing. All goods must be paid for on Territory Day (the 1st of July) via our online merchant services unless otherwise arranged in writing with the Company. All goods remain the property of the Company until paid for in full. Any pre-order that has not been collected by 9pm on Territory Day is deemed to have been forfeited, unless otherwise agreed at the directors discretion and no refund will be payable.

Shop front purchases can be made with cash, eftpos, and most credit cards.  Cheques and other forms of payment will only be accepted at the sole discretion of the manager.

Cancellation Policy

Minimum 48 hours notice of cancellation is requested (by 5pm NT standard time - 28th June). Notification for instance, in person, via email, mobile phone ‘text message’, or any other means will be accepted subject to confirmation in writing. For cancellations after 9am on Territory Day, the manager will attempt to resell the order where it is reasonable to do so. The customer will be liable for any cost associated with reselling or restocking the order at the discretion of the manager.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. Where goods (including fireworks) are pre-ordered online for later pickup, and the client fails to cancel within the listed time frame, a storage and restocking fee of up to 50% of the purchase price may be charged (at the sole discression of the manager). Goods must be picked up inside of the legal sales period, and within the times stated in the purchase process. Where goods are not picked up, and fireworks were held for an order after the end of the sales period in good faith by Territory Day Fireworks, full payment may be payable at the discration of the manager.

Availability
Unless otherwise stated, the services featured on this website are only available within the Northern Territory of Australia, or in relation to postings from the Northern Territory of Australia; All advertising is intended solely for this market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Fireworks will only be available for sale during the legal sales period shown on our license, and may be restricted for some services to reduced time periods at our discression. Whilst we shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein, situations out of our control may reduce incoming stock. If this happens we will offer you an alternative product of equal or greater value, or a refund for the item(s) we cannot supply. We will not knowingly supply to people:

• under the age of 18
• under the influence of alcohol or drugs
• behaving in a way as to jeopardise the safety of our staff or goods
• we know are planning to break the law (eg if you inform us to intend to take the fireworks out of the NT)

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Many brand names and specific products of this Company featured on this website are trademarked 

Communication
We have several different e-mail addresses for different queries. These, & selected contact information, can be found on our Contact Us link on our website.

Territory Day Fireworks is the trading name of Vitu Corp Pty Ltd, ABN 50 297 748 646.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. 

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of an order or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. 

Last Updated: October 2021. Updates: Updated wording to match current trade practices as they appear on the checkout pages and email communications.

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