Terms & Conditions

By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Intellectual Property & Copyright

The works on this website and their associated story texts are copyright of the Indigenous artists. It is illegal under Australian copyright law to reproduce images or text without permission of the relevant copyright owner. No copying or intentional downloading of the images is authorised. The artist asserts moral rights to the works and text. Under no circumstances are the works or the text to be altered, edited, enhanced or modified. The texts are the copyright of the artist, as the author of the written text, and where stated, the cultural heritage of the listed clan.

All artworks are covered under © to the artist. Any inquiry about reproducing imagery of artwork from this website or any other artwork must be directed to Helping Helmets.

In Aboriginal way, it may be a breach of the customary law to refer or include certain clan information or depict clan images without the prior permission of the relevant persons in the community. For further information contact Helping Helmets.

Third party sites

This website may contain links to third-party websites. These links are not recommendations or endorsements by Helping Helmets and we do not take responsibility for the content or functionality of those websites. Access to those sites are solely at your own risk.

Usernames and Passwords

If Helping Helmets authorises you to register for or otherwise use online shopping, then you must keep your username and password confidential. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).

Online Shopping

You will be entitled to shop online and purchase products securely with your valid credit card. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or another method) cannot be verified, is invalid, or is otherwise unacceptable, your order may be suspended or cancelled.

Products displayed on the site shopping areas can be purchased using a secure online credit card transaction facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment.

Security

We use the secure Hosted Payment page solution from Stripe to process online orders. Customers can see their cards being authorized and debited in real time, all in an SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience.

 

Stripe is committed to protecting the security of your data. A variety of security technologies and procedures are used to help protect your personal information from unauthorized access, use or disclosure. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Mailing List

Customers are automatically signed up to the Helping Helmets mailing list at the time of checkout. We respect your privacy and you can unsubscribe from the list at any time via any newsletter.

Product disclaimers

Helping Helmets endeavour to make a reproduction of colours as accurate as photographic processes allow. Please note however that product colours may vary slightly from what is displayed on your computer screen and will vary perceptibly from monitor to monitor.

Although listed on the website, some items, sizes, colours and styles may be temporarily or permanently out of stock. We aim to ensure that our website is accurate, however sometimes errors occur, for which we apologise.

Some products might require customer assembly.

Delivery

Although Helping Helmets endeavour to despatch in-stock orders within 2 business days, please allow up to ten (10) working days for delivery of online orders subject to location. Delivery time is subject to stock availability from the fulfilment locations and this period may be extended up to thirty (30) days. Helping Helmets will endeavour to notify you of any delays.

Prices

All references to $ and dollars on the website are in Australian currency (AUD). All prices were current at the time of publication on the website and are inclusive of GST.

While we make every endeavour to ensure the accuracy of our website, in the event of system based pricing errors if you acquire a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel the transaction/your order and refund the mistaken purchase price to you.

Delivery

Freight charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.

If the delivery is by courier, products will not be delivered to an unattended address unless an Authority to Leave instruction has been provided by you at the time of placing your order.

Restrictions on use

You must not use the Helping Helmets website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:

  • the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material;
  • the impersonation or theft of another person’s identity or falsely state or otherwise misrepresent your affiliation with a person, including Helping Helmets;
  • the creation or Dissemination of false or alias identities;
  • to harass, threaten, stalk or otherwise communicate with any person against their will;
  • to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics;
  • the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Helping Helmets website, whichever is younger;
  • to defame, slander or libel any person;
  • for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities;
  • for the purpose of phishing;
  • for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means;
  • to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person;
  • to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.

You must not:

  • copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Helping Helmets website by other people.
  • commercialise all or part of the Helping Helmets website;
  • use the Helping Helmets website or upload Content to promote, market, distribute or sell any goods or services;
  • make any adaptation, modification or derivative work of the other people’s Content;
  • sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms;
  • use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:
  • disable, damage, disrupt or disassemble all or part of the Helping Helmets website; or
  • communicate or seek to communicate with persons using the Helping Helmets website;

Limitation of liability

To the fullest extent permitted by law, Helping Helmets excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:

  • your use or misuse of the website or any material on the website;
  • your inability to access or use the website or any material on the website;
  • the loss or modification of information or material transmitted to or from the website;
  • the loss of confidentiality in any information or material transmitted to or from the website;
  • any defect, technical problem or virus attached to or arising from the website or the server;
  • the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
  • any injury or illness you or any other person sustains as a result of the use of the website; and
  • the products displayed on the website being unavailable at any time.

If Helping Helmets breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Helping Helmets for a breach of the applicable term, condition or warranty is limited to, at the election of Helping Helmets:

  • the resupply of the relevant product, advice, service, recommendation or information; or
  • the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

You are entitled to statutory consumer guarantees under the Australian Consumer Law.  Helping Helmets does not exclude or limit those consumer guarantees.

Indemnity

You indemnify Helping Helmets, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.

Privacy

Any personally identifiable information that you submit through or in relation to the website is collected and used by Helping Helmets in accordance with its Privacy Policy.

 Changes to the Terms

Helping Helmets reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

Governing law

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of South Australia, Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.

 

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