Terms and Conditions

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Website terms of sale

Terms and conditions for goods sold by Ashtray.World Pty Ltd. from Ashtray.World website.

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Ashtray.World Pty Ltd  (“Ashtray.World”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from Ashtray.World website. By placing an order for Goods from Ashtray.World you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

In these Terms and Conditions:

“Account” means a personal account created by you on the Ashtray.World Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“International Delivery Charges” has the meaning given in Section 3.5;

"Ashtray.World Website" means www.ashtray.world;

 “Order” means an order for Goods, placed on the Ashtray.World Website;

“Password” means the password needed to access your Account;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means www.Ashtray.World.

2. Your legal rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Ashtray.World represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified. 

3. Pricing & taxes

3.1 Prices for Goods are as shown on the Website.

3.2 Ashtray.World reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Ashtray.World.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Ashtray.World will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Ashtray.World will cancel your Order. Ashtray.World will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5 If Ashtray.World agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. Your Account for Orders placed on the Ashtray.World Website

4.1 If you do not already have an Account you will need to create one before placing an Order on the Ashtray.World Website, unless you utilise the “Guest Checkout” feature of the Ashtray.World Website.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Ashtray.World that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify Ashtray.World immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Ashtray.World, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If Ashtray.World suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Ashtray.World then you must pay Ashtray.World the amount of that loss, damage, cost or expense if Ashtray.World asks you to.

5. Orders

5.1 You can place an Order by following the instructions on the relevant Website (including via a link sent to you from Ashtray.World ).

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Ashtray.World may accept or reject your offer in its absolute discretion. In particular, but without limitation, Ashtray.World may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact support@ashtray.world.

5.3 Each Order that you place will, if accepted by Ashtray.World, be a separate and binding agreement between you and Ashtray.World with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Ashtray.World with their personal information and, by placing an Order, you confirm to Ashtray.World that you have done this.

5.5 Sale of goods is subject to various International, Commonwealth, State and Territory laws. By placing an Order for any goods you warrant to Ashtray.World that you are:

(a) 18 years of age or older, where you Order products 

(b) there are no restrictions on the sale of the Goods in your place of residence

When placing an Order for Goods you warrant that you are not obtaining the Goods on behalf of a person that is not eligible to purchase the Goods themselves.

5.6 Please ensure that you enter all information carefully when placing an Order. You warrant to Ashtray.World that all information provided by you in relation to each Order is complete, true and accurate.

5.7 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Ashtray.World. Ashtray.World will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Ashtray.World, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Ashtray.World cannot consolidate separate Orders into one delivery.  

5.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option. 

5.11 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

5.12 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.13 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.14 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. After you have submitted an order/payment

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 Ashtray.World will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Ashtray.World when Ashtray.World does this, however, Ashtray.World may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Ashtray.World cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1. 

6.3 When Ashtray.World accepts an Order it represents an agreement by Ashtray.World to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.4 You must pay for Goods by credit card, certain prepaid payment cards, PayPal account, or any interest free plan available on the Ashtray.World Website. 

6.5 Ashtray.World reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.6 Ashtray.World may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, Ashtray.World reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.7 When you submit an Order, Ashtray.World may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

6.8 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7. Cancellation of Orders

7.1 Ashtray.World reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Ashtray.World may do this for example, but without limitation, where:

(a) Ashtray.World’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Ashtray.World’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that Ashtray.World is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask Ashtray.World to cancel your Order in accordance with section 5.8; or

(e) in the circumstances set out in Sections 3.4 or 6.7.

7.2 You may cancel your Order where Ashtray.World:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Ashtray.World’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where Ashtray.World cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of Ashtray.World or you cancelling your Order after payment has been processed, Ashtray.World will refund any money paid in respect of that Order. Section 14 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. Availability of Goods / Condition of Goods

8.1 As Ashtray.World is dependent upon its suppliers to provide stock, Ashtray.World cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Ashtray.World reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.2 Goods that are shown on the Website in an “ as is” condition. As many are vintage and second hand pieces many will have been sued over time and may have several blemishes, imperfections such as dents, chips, scratches, marks, loss of colour or lustre and as such Ashtray.World provides no representations or warranties in relation to any Goods as to the overall condition of the Goods you are purchasing. We are happy to provide further detailed pictures prior to purchase of any Goods if you request them via support@ashtray.world , but once an Oder is place for any Goods via the Website you will be deemed to have accepted the goods in the conditions shown in the pictures and with any an all such blemishes, imperfections such as dents, chips, scratches, marks, loss of colour or lustre . Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the condition of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise . 

9. Delivery

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. Ashtray.World is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. Ashtray.World may, in its absolute discretion, agree to accept Orders for for Goods for delivery outside Australia but is under no obligation to do so.

9.3 Where requested, Ashtray.World will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods.

9.4 Following dispatch of your Goods, Ashtray.World will email you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;

(c) take your Goods to a Ashtray.World nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(d) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Ashtray.World leaving the Goods in accordance with any “authority to leave” given by you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Ashtray.World will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Ashtray.World will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order. 

10. Refunds of your money

10.1 Where Ashtray.World is obliged to refund your payment pursuant to these Terms and Conditions, Ashtray.World aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 am to 5 pm Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that if Ashtray.World is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

14.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

15. Faulty or damaged goods & Returns

15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged during transit. If this is not the case you should contact us as soon as possible.

15.2 Ashtray.World  does not accept any return of goods under any circumstances unless they are damages in transit to a level beyond repair and we have been notified of such damage within 24 hours of receipt of the Goods at the delivery point as set out in your Order..

16. More information about Ashtray.World's liability to you

16.1 To the full extent permitted at law, Ashtray.World is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

17. Privacy

17.1 Ashtray.World policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

18. Additional Terms and Conditions

18.1 Your use of the Website is governed by the Website Terms of Use 

19. General

19.1 Ashtray.World reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

19.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

19.3 These Terms and Conditions are governed by the laws of Victoria, Australia.

Version 001

29 October 2022

Website terms of use

Welcome to the Website. By using the Website you agree that your use of the Ashtray.World website is subject to these Terms of Use. Please read them carefully. Ashtray.World may from time to time amend these Terms of Use without prior notice.

Ashtray.World reserves the right to, at any time:

• amend, update, change or remove any part of this Website;

• suspend or restrict your access to this Website if you are in material breach of these Terms of Use; and/or

• stop or suspend the operation of this Website.

General Disclaimer

You acknowledge and agree that:

• this Website and its contents are provided to you on an "as is" basis;

• information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and

• any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

Except to the extent required by law:

• Ashtray.World makes no representations or warranties of any kind as to the operation or availability of this Website or the information, content or materials included on this Website, and all implied representations or warranties in relation to the operation or availability of this Website or the information, content or materials included on this Website are excluded; and

• Ashtray.World is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. 

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Copyright

This Website and its contents are subject to copyright. The copyright is owned by Ashtray.World, or in the case of some material, third parties.

You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited.

Trade Marks

Nothing contained in this Website shall be construed as granting any licence or right to use any trade mark displayed on this Website.

Mode of Access

In order to use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). Ashtray.World has no obligation to make this Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this Website.

Third Party Websites

This Website may contain links to third party Websites. Those links are provided for convenience only and may not remain current or be maintained. Ashtray.World is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Ashtray.World will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Ashtray.World uses cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, Ashtray.World will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website.

Material Submitted By You

Certain parts of this Website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:

• you will only publish UGC that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this Website and the grant of the licences by you to Ashtray.World under these Terms of Use;

• the submission and display of your UGC on this Website, is not in breach of any third party’s rights or any applicable laws;

• you waive all moral rights that you may have in your UGC;

• none of your UGC is subject to any obligation of confidence on the part of Ashtray.World, its officers, directors, agents, related bodies corporate, employees and third party service providers;

• Ashtray.World has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you;

• you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;

• you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment;

• your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;

• you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to Ashtray.World to use and display your UGC on this Website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;

• the use by Ashtray.World of your UGC in accordance with the licences granted by you to Ashtray.World under these Terms of Use will not breach any third party’s rights; and

• Ashtray.World has no responsibility for your UGC and you agree to indemnify Ashtray.World (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Ashtray.World (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC).

To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to Ashtray.World that:

• you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;

• save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and

• save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.

To the extent your UGC includes a question or query, you acknowledge that Ashtray.World may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

By submitting your email address (or any other contact details) in connection with your UGC, you agree that Ashtray.World and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in Ashtray.World’s Privacy Policy.

Notice and Takedown Procedure

If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please contact us at support@ashtray.world and please specify the following information:

• your name;

• your address;

• your phone number;

• your email address;

• information to allow us to find the relevant content on this Website;

• a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and

• where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

Applicable Law

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Ashtray.World makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

Ashtray.World

In these Terms of Use a reference to Ashtray.World is a reference to Ashtray.World Pty Ltd and its related bodies corporate from time to time.