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Terms Of Service


TERMS AND CONDITIONS
Website and Online Store Terms and Conditions

The online store made available at the URL www.dreamsofafrica.com.au (Online Store) is operated by Dreams Of Africa ABN 29 168 785 304 (DREAMS OF AFRICA, We or Us), a company registered in Australia.

DREAMS OF AFRICA believes strongly in protecting the privacy of its users and customers.

By purchasing any item/items (Product/Products) from the Online Store, you acknowledge that all personal information that you supply to DREAMS OF AFRICA in connection with your purchase of a Product will be collected, used, disclosed and managed by DREAMS OF AFRICA in accordance with its privacy policy, a copy of which is available on the Online Store. Your purchases of Products from the DREAMS OF AFRICA Online Store will be governed by the following terms and conditions of Sale, including any other terms and conditions which may be notified to you at the time of placing your order (Sales Terms). Please read these Sales Terms carefully before ordering any Products from the DREAMS OF AFRICA Online Store.

By ordering Products, you agree to be bound by these Sales Terms.

In addition to the Sales Terms, by ordering any Products via the DREAMS OF AFRICA Online Store you acknowledge and agree that your use of the website at www.dreamsofafrica.com.au will be governed by:
• the website terms, included on this page (“Website Terms of Use”); and
• the DREAMS OF AFRICA Cookie Policy, included on this page (“Cookie Policy”),
and you agree to comply with those Website Terms of Use and you consent to DREAMS OF AFRICA’s use of cookies on your device in accordance with the Cookie Policy.

1. About these Sales Terms
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.

IF YOU ARE UNABLE TO AGREE TO THESE SALES TERMS YOU MAY NOT PROCEED TO PURCHASE ANY PRODUCTS FROM THE DREAMS OF AFRICA ONLINE STORE.

These Sales Terms apply to all orders for and purchases of Products made from the DREAMS OF AFRICA Online Store.

DREAMS OF AFRICA may revise these Sales Terms from time to time. Any changes to these Sales Terms will be effective on the date on which they are posted on the DREAMS OF AFRICA Online Store.

DREAMS OF AFRICA will communicate with you electronically by email when you order and purchase Products from the DREAMS OF AFRICA Online Store.

2. Your account
If you create an account (personal user identification or username) on the DREAMS OF AFRICA Online Store you are responsible for:
• maintaining the confidentiality of your username and password;
• restricting access to your password; and
• all activities and each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.

You warrant that the Products purchased under these Sales Terms from the DREAMS OF AFRICA Online Store are being purchased for personal use (not commercial use) and will not be resold or resupplied.

3. Placing an Order
To be able to buy Products you must:
• read and accept these Sale Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address within Australia (Note: DREAMS OF AFRICA is unable to deliver to certain addresses, including but not limited to, P.O. Box addresses, overseas army addresses, some hotels, hostels or prisons); and
• be aged 18 years or over, be legally capable of entering into binding contracts and the owner or authorized holder of a valid debit/credit card, if paying for the Products with a debit/credit card.

You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.

You will be provided with an opportunity to review your order, read and accept the Sales Terms, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. DREAMS OF AFRICA will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.

If you place any Products in your Cart and accept our Sales Terms but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit our online store to complete your purchase.

4. Delivery Locations
The DREAMS OF AFRICA Online Store currently only ships to addresses within Australia. We regret that we cannot deliver elsewhere.

5. Order Processing and Contract Formation
Once you have submitted and confirmed your order using the DREAMS OF AFRICA Online Store, DREAMS OF AFRICA will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered Products (Order Receipt Confirmation Email).

The Products on the product pages of the DREAMS OF AFRICA Online Store are not an offer to sell but an invitation to treat only. DREAMS OF AFRICA may choose to reject all or part of an order in DREAMS OF AFRICA’s sole discretion for any reason, including without limitation in the case of abnormal orders and orders which DREAMS OF AFRICA suspects are not placed in good faith or for personal use, or orders in response to incorrect offers on the DREAMS OF AFRICA Online Store made as a result of human, system or technology error (including errors in the image, description or price).

DREAMS OF AFRICA may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the DREAMS OF AFRICA Online Store or communicated to you at the time of placing your order or otherwise communicated to you. If DREAMS OF AFRICA rejects an order DREAMS OF AFRICA will refund any money paid for that order.

After receiving your order, DREAMS OF AFRICA will check that the ordered Products are available. A separate contract for the sale of the ordered Products between you and DREAMS OF AFRICA on these Sales Terms will be formed when DREAMS OF AFRICA emails you confirming that all or part of the order is available and has been dispatched (Shipment Confirmation Email). The contract is formed on sending the Shipment Confirmation Email whether or not you receive such email. You are encouraged to download, save and print a copy of your Order Receipt Confirmation Email, Shipment Confirmation Email and these Sale Terms for your records.

The contract will only relate to those Products which have been despatched and are listed in the Shipment Confirmation Email. DREAMS OF AFRICA will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.

If you would like to cancel your order after you have received your Shipment Confirmation Email, please see the and Refunds section below.

6. Prices, Shipping and Handling, Charges and Taxes
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email. If you place additional or separate orders after receiving the Order Receipt Confirmation you will incur additional shipping and handling charges for such additional orders.

If there is a pricing error, whether on the DREAMS OF AFRICA Online Store or in an Order Receipt Confirmation Email or otherwise, then to the extent permitted by law DREAMS OF AFRICA has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation Email DREAMS OF AFRICA will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.

You acknowledge that even after DREAMS OF AFRICA has sent you a Shipping Confirmation Email, if the pricing error is obvious and could have reasonably been recognised by you as a misprice, then DREAMS OF AFRICA is under no obligation to provide a Product to you at an incorrect (lower) price.

Prices for the Products include GST or other applicable taxes but do not include charges for shipping and handling.

Separate charges for shipping, handling and their related GST or other taxes will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen prior to finalizing your order.

Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation Email (save in the case of a manifest pricing or other error as described above).

Promotional Codes
From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. Unique promotional codes can only be used by intended recipient and cannot be transferred to another customer. Discounts cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.

7. Payment
Payment must be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, or PayPal). The name on the credit card must be the same as the name of the person placing the order.

If DREAMS OF AFRICA does not receive the authorization that the payment has been processed DREAMS OF AFRICA reserves the right to cancel your order.
The value of your purchase will be settled from the applicable card when the order is placed.

If your credit card payment cannot be processed you will be notified of this on the DREAMS OF AFRICA Online Store. You will then need to contact the card issuer and endeavour to resolve the issue.

8. Delivery
You should allow approximately 3-10 business days for delivery for in stock items, provided that your payment is received before 2pm on the day that the order is placed. DREAMS OF AFRICA reserves the right to substitute another carrier of equal or lesser cost to deliver your order.

If you unreasonably defer delivery or delay the receipt of delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to DREAMS OF AFRICA.

9. Events Outside DREAMS OF AFRICA’s Control
DREAMS OF AFRICA shall not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission accident or circumstance beyond its reasonable control including but not limited to:
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• strikes or lock-outs (or other industrial action);
• national or local states of emergency;
• failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
• the acts, decrees, legislation, regulations or restrictions of any government.
DREAMS OF AFRICA's performance is deemed to be suspended for the period that the above continues.

10. Product Availability
DREAMS OF AFRICA uses reasonable efforts to ensure the availability of Products you order from the DREAMS OF AFRICA Online Store. However Products are made available to purchase on a "first in-first out" basis and are only available whilst stocks last.

11. Product Information
Please take care when placing your order to ensure that the Products you purchase are suitable for the intended use. Please use the DREAMS OF AFRICA Online Store as your final point of reference when checking the kind of product that you are ordering. If there is a difference between the DREAMS OF AFRICA Online Store content and any other website (or any other source of information) the Products as shown on the DREAMS OF AFRICA Online Store at the time of purchase will take precedence.

If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact DREAMS OF AFRICA by email on sales@dreamsofafrica.com.au.

12. Title to Products
DREAMS OF AFRICA retains full legal title to Products until it has received all amounts due on the ordered Products in full and you have received your Shipping Confirmation Email. The Products will be at your risk from the time of shipment.

13. Return and Refund if You Change Your Mind
As a goodwill gesture, we have a 14 day return and refund policy for unused and undamaged Products if you change your mind and return them, at your cost, within 14 days of delivery with a valid proof of purchase. It is offered in Australia and may not be available in other international markets. You have additional rights under the Australian Consumer Law that are not limited by this policy.

In addition to your rights under the Australian Consumer Law and subject to the conditions set out below, if for any reason you change your mind and no longer want the Products, you can return any unused and undamaged Product purchased from the DREAMS OF AFRICA Online Store to the location notified by DREAMS OF AFRICA within 14 days of delivery for a refund. You must pay your own shipping and transport costs. Your legal rights in respect of defective goods are unaffected. If you wish to return the Products you will need to email DREAMS OF AFRICA at sales@dreamsofafrica.com.au.

If you do not return the Products within 14 days of delivery or do not have proof of purchase, DREAMS OF AFRICA may refuse to give you a refund. If you return any Products in a used or damaged condition, DREAMS OF AFRICA may deduct from any refund due to you (or otherwise seek to recover from you) an amount equivalent to the reduction in value of the Products, which might be 100% of the purchase price.

Once DREAMS OF AFRICA has received and validated your returned Products, DREAMS OF AFRICA will send you an email to confirm the validation. Your refund will then be processed by DREAMS OF AFRICA and confirmed to you by email.

14. Jewellery Warranty Against Defects
DREAMS OF AFRICA will at our option, repair or replace, jewellery proven by our jewellers to be defective due to the manufacturing process within 12 months after the date of purchase.

This warranty is offered in Australia and may differ in other international markets.

Jewellery warranty exclusions

This warranty against defects does not cover loss, damage, breakage, changes in appearance, kinks, or the gradual degradation of all or part of the goods due to: normal wear (including tarnishing); mishap; careless handling; improper use; the use of charms or items not manufactured by DREAMS OF AFRICA; or use outside DREAMS OF AFRICA’s care instructions. Tarnishing occurs naturally and therefore, cleaning is not covered by this warranty against defects.

Proof of purchase

Proof of purchase in the form of a tax invoice, or other evidence of purchase which is satisfactory to us is required before we will process any warranty claim.

How to make a warranty claim

Send an email to the DREAMS OF AFRICA sales team, sales@dreamsofafrica.com.au, indicating why you would like to make a warranty claim. You will need to attach a photograph of the necklace that illustrates the issue with your necklace. DREAMS OF AFRICA will then determine whether your warranty claim is valid and you will be supplied with a return address. DREAMS OF AFRICA will at its option arrange for either the repair or replacement of the jewellery. DREAMS OF AFRICA will advise you of your repair options (if any) and the retailer’s charges if your warranty claim is not accepted by DREAMS OF AFRICA.

Australian Consumer Law

The DREAMS OF AFRICA warranty against defects provides benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. [Note: “major failure” has a specific meaning under the Australian Consumer Law.]

15. Product Liability, Exclusions and Limitations

The only conditions and warranties which are binding on DREAMS OF AFRICA in respect of the Products and services supplied by DREAMS OF AFRICA on the DREAMS OF AFRICA Online Store are those expressly set out in these Sales Terms and required to be binding by statute; including the applicable provisions of Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the DREAMS OF AFRICA Online Store, or any Products or goods, information, service, material, advice or recommendation supplied by DREAMS OF AFRICA to you through the DREAMS OF AFRICA Online Store, are excluded to the fullest extent permitted by law.

If DREAMS OF AFRICA breaches any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, DREAMS OF AFRICA’s liability for such breach is limited to either, at DREAMS OF AFRICA’s election: (a) resupplying of the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those Products.

To the fullest extent permitted by law and except to the extent (if any) provided in these Sales Terms DREAMS OF AFRICA has no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of the DREAMS OF AFRICA Online Store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Sales Terms.

DREAMS OF AFRICA does not warrant that any of the functions contained on the DREAMS OF AFRICA Online Store or your access to the DREAMS OF AFRICA Online Store will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

You must take your own precautions to ensure that the process which you employ for accessing our website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our website or any linked website.

Our website may contain links to other websites operated, controlled or produced by third parties. We make no representations or warranties relating to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

DREAMS OF AFRICA is not liable for any loss or damage caused by the DREAMS OF AFRICA Online Store or any website operated, controlled or produced by third parties linked to or from the DREAMS OF AFRICA Online Store.

16. Privacy

By purchasing any Products from DREAMS OF AFRICA, you consent to DREAMS OF AFRICA collecting, holding, using and disclosing your personal information in accordance with its Privacy Policy, a copy of which is available at the Online Store.

17. Severability

If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Sales Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.

18. Contact details

You can contact DREAMS OF AFRICA for order related questions or complaints by sending an email to sales@dreamsofafrica.com.au.

19. Transfer of rights and obligations

These Sales Terms are binding on you and DREAMS OF AFRICA and on any person to whom DREAMS OF AFRICA might transfer its rights.

You must not transfer, assign, charge or otherwise deal with a contract with DREAMS OF AFRICA, or any of your rights or obligations arising under it, without our prior written consent.

DREAMS OF AFRICA may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of DREAMS OF AFRICA's rights or obligations arising under it, at any time during its term.

20. Waiver

If DREAMS OF AFRICA fails, at any time to insist upon strict performance of any of your obligations under these Sales Terms, or if DREAMS OF AFRICA fails to exercise any of the rights or remedies to which it is entitled under these Sale Terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

21. Entire agreement

These Sales Terms, the Website Terms of Use, the Cookie Policy, your order as recorded in your Order Receipt Confirmation Email and confirmed in the Shipment Confirmation Email and any document expressly referred to in them represent the entire agreement between DREAMS OF AFRICA and you and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

You acknowledge that, in entering into a contract with DREAMS OF AFRICA, you have not relied on any representation, undertaking or promise given by DREAMS OF AFRICA or any third party or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these Sales Terms.

21. Governing law and Jurisdiction

These Sales Terms and your purchase of products from DREAMS OF AFRICA through the DREAMS OF AFRICA Online Store shall be governed by and construed in accordance with the laws of Victoria, Australia. Your transaction is deemed to have taken place in Victoria.

Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from DREAMS OF AFRICA (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Victoria and of the Commonwealth of Australia.

22. Termination

Without prejudice to DREAMS OF AFRICA’s termination or other rights under any other provision of these Sales Terms or applicable law, DREAMS OF AFRICA may at any time prior to delivering the Products to you, immediately terminate the contract for the supply of Products to you if:

• in DREAMS OF AFRICA’s reasonable opinion you breach these Sales Terms and the breach is not capable of being remedied; or
• you breach these Sales Terms, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.

If DREAMS OF AFRICA terminates the contract pursuant to this clause DREAMS OF AFRICA will refund any money received for that order.

WEBSITE TERMS OF USE

1. Introduction

The website at www.dreamsofafrica.com.au (Website) is operated by DREAMS OF AFRICA ABN 29 168 785 304 (DREAMS OF AFRICA, we or us). “You” means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (known collectively as the Terms of Use). These Terms of Use for the Website are the exclusive terms applying to the use of the Website.

Your use and/or continued access to the Website constitute your agreement to the Terms of Use. If you do not agree to these terms and conditions, you must not use or access the Website. DREAMS OF AFRICA reserves the right to amend the Terms of Use at any time. The amended terms of use will be effective immediately upon being posted to the Website. Since you will be bound by the amended terms and conditions upon posting, you should visit this page periodically to review the Terms of Use. If you breach any of the Terms of Use we may terminate your right to use and access the Website.

2. Purchasing of products

If you purchase any of the products that are available from DREAMS OF AFRICA’s online store at www.dreamsofafrica.com.au, then the terms of sale above will also apply (in addition to these Terms of Use) in relation to your purchase of those products.

3. Intellectual property rights

DREAMS OF AFRICA or its related companies (or their licensors) own the intellectual property rights (including copyright and trade marks) in the Website and the contents of the Website. You must not copy, modify, transmit or adapt the contents of the Website or the Website themselves or otherwise infringe the intellectual property of DREAMS OF AFRICA, its related companies or their licensors.

All materials displayed on the Website, including without limitation all information, text, photographs, illustrations, artwork and other graphic materials (Content) are the property of DREAMS OF AFRICA or its related companies or their suppliers and/or licensors unless indicated otherwise on the Website, and are protected by copyright, trade mark and other intellectual property laws.

All Content may be downloaded, viewed and printed for your personal, non-commercial use only and provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the express prior written consent from the relevant owner of the intellectual property rights. You must not otherwise infringe the intellectual property of DREAMS OF AFRICA or its related companies or their suppliers and/or licensors.

Except as expressly provided above, nothing contained in the Terms of Use will grant, or is intended to be construed as conferring, any license or right in, or an assignment of all or part of, any intellectual property rights in the Content, without the express written agreement of the relevant owner of the intellectual property rights.

4. Privacy

All personal information that you supply in connection with the Website will be collected, used, disclosed and managed by DREAMS OF AFRICA according to the terms of its Privacy Policy, a copy of which is available on the Website. You consent to DREAMS OF AFRICA dealing with your personal information in accordance with its Privacy Policy. You also agree to use the Website in accordance with any other policies that we publish on the Website from time to time.

5. Cookies

During your use of the Website, DREAMS OF AFRICA may issue and request cookies to and from your computer or mobile device. DREAMS OF AFRICA will use such cookies in accordance with its Cookie Policy. By using the Website you authorise DREAMS OF AFRICA to issue and request such cookies.

6. Your Comments and Posting Policy

When using the Website you must not do any of the following:

• use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by DREAMS OF AFRICA in its sole and absolute discretion;
• upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
• collect or store personal data about other users;
• use the Website for any commercial purpose not expressly approved by DREAMS OF AFRICA in writing;
• upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Website; or
• upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website or any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our Website you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials (User Content). Your User Content must be in English. Comments in other languages may be deleted by DREAMS OF AFRICA or our moderators. It is your responsibility to ensure that your User Content is not in any way racist, defamatory, in breach of anyone’s privacy or any other legislation and that you use respectable language.

By using the above features, you agree that you will not do any of the following:

• submit or post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by DREAMS OF AFRICA;
• submit or post any content that contains personal information about any individual, violates the privacy of any person, or includes anything that you are under a contractual obligation to keep private or confidential;
• impersonate any person or organization, including without limitation, the personnel of DREAMS OF AFRICA, or misrepresent an affiliation with another person or organization; or
• submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website.

If you provide personal information about yourself through the Website, DREAMS OF AFRICA will collect, hold, use and disclose that personal information in accordance with the DREAMS OF AFRICA privacy policy If you provide personal information of another person to DREAMS OF AFRICA, you must make them aware of the matters contained in DREAMS OF AFRICA’s privacy policy and/or its privacy collection statement.

You understand and agree that you have no ownership rights to any account you may have with us or other access to the Website, your User Content, or other features contained on the Website.

DREAMS OF AFRICA may cancel your account and delete all User Content associated with your account at any time, and without notice, if DREAMS OF AFRICA deems that you have violated these Terms, the law, or for any other reason.

DREAMS OF AFRICA assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account. For greater certainty, and without limiting the effect of the foregoing, DREAMS OF AFRICA reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

By displaying, publishing, submitting or otherwise posting any User Content on or through the Website, you hereby irrevocably grant to DREAMS OF AFRICA a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or developed in the future without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Website in favour of DREAMS OF AFRICA. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or developed in the future, such as for use on mobile phones, or in video, music, software or other computer programs.

You retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms of Use and the license described in these Terms of Use.

You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant the license set out in these Terms of Use, and the displaying, publishing or posting of any content you submit, and our use of that content or material does not and will not violate the privacy rights, publicity rights, copyrights, trade mark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You indemnify and hold DREAMS OF AFRICA, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including legal fees and costs on a full indemnity basis, related to your violation of these Terms of Use, including the above Posting Policy, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to DREAMS OF AFRICA or the Website.

7. Disclaimer

While DREAMS OF AFRICA endeavours to take reasonable care in preparing and maintaining the information on the Website, DREAMS OF AFRICA makes no representation about the accuracy, reliability, adequacy, completeness or timeliness of the Content, including the price of any products available for purchase from DREAMS OF AFRICA’s online store at www.dreamsofafrica.com.au. The Content may contain inaccuracies or typographical errors. The Content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. The use of the Website and Content is at your own risk.

8. Exclusion of warranties

Any warranties in relation to any products that you purchase from DREAMS OF AFRICA’s online store at www.dreamsofafrica.com.au will be determined in accordance with the terms of sale and not under this clause 8.

To the maximum extent permitted by applicable law:

- all statutory and implied guarantees, warranties and conditions of any kind in connection with the Website and its contents are expressly disclaimed. DREAMS OF AFRICA does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law from excluding or limiting (but only to that extent);

- DREAMS OF AFRICA does not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website and their servers are free of computer viruses, trojans, spyware and other harmful material;

- DREAMS OF AFRICA does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that it will give notice of such use, modification or alteration;

- DREAMS OF AFRICA does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Website or its Contents. Your use of the Website and the information on it is at your own risk; and

- the Website and its Contents are provided on an “as is” basis without any warranties of any kind. DREAMS OF AFRICA may change the Website or limit or terminate your access to the Website at any time without notice.

DREAMS OF AFRICA makes no representation that the Contents of the Website comply with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

9. Limitation of liability

Any liability relation to any products that you purchase from DREAMS OF AFRICA’s online store at www.dreamsofafrica.com.au will be determined in accordance with the terms of sale listed above and not under the terms of this clause 9.

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, DREAMS OF AFRICA will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Website, or any use of or access to, or any inability to use or access, the Website.

To the maximum extent permitted by applicable law, the liability of DREAMS OF AFRICA, its related companies and their respective directors, employees, suppliers and agents under any condition, warranty or guarantee which cannot by law be excluded is limited at the option of DREAMS OF AFRICA to the following:

In the case of services:

• The supply of the services again; or
• The payment of the cost of having services supplied against; and

In the case of goods:

• The replacement of the goods or the supply of equivalent goods;
• The repair of such goods;
• The payment of the cost of replacing the goods or acquiring equivalent goods; or
• The payment of the cost of having the goods repaired.

10. Indemnity

You indemnify DREAMS OF AFRICA against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by DREAMS OF AFRICA in connection with or arising, whether directly or indirectly, as a result of your breach of these Terms of Use, your use or access of the Website or any violation of any applicable law.

11. Compliance with all applicable laws

You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website complies with all laws that are applicable to you.

12. Hyperlinks

The Website contains hyperlinks and other pointers to internet websites operated, controlled or produced by third parties (Linked Sites). The Linked Sites are not under the control of DREAMS OF AFRICA and DREAMS OF AFRICA is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The links are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by DREAMS OF AFRICA or its related companies for the Linked Site or the products or services provided at those sites. You access any such Linked Site entirely at your own risk.

We exercise no control over the quality, safety or legality of the products or services advertised or sold and statement made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any purchases or dealings you have with a Linked Site are done at your own risk. DREAMS OF AFRICA is not a party to any transaction between you and a Linked Site.

13. Submissions

Any material that you send to use on or via the Website will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. DREAMS OF AFRICA and its related companies will be entitled to use and or all of it for any purpose without compensation to you, including for reproduction, disclosure, transmission, commercialisation, product development, publication, broadcast and posting.

14. Interference with the Website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or Content displayed on the Website.

15. Termination

The Terms of Use are effective until terminated by DREAMS OF AFRICA. In addition to any other termination rights set out in these Terms of Use, DREAMS OF AFRICA may terminate this agreement and your access to this Website in its absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Website. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Terms of Use, will survive the termination of these Terms of Use and will continue in full force and effect.

16. Governing law and disputes

The Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia.

By using the Website, you agree that any dispute arising in connection with these terms and conditions, or your use of the Website, will be resolved in accordance with the law applying in the State of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.

17. Miscellaneous

If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect. All rights not expressly granted are reserved.

COOKIE POLICY

This document is meant to explain the types of cookies and other tracking technologies that Dreams Of Africa may place on your device.

What are cookies?

A cookie is a small amount of information that’s downloaded to your computer or device when you visit certain websites. We use a number of different cookies on the Dreams Of Africa website, including strictly necessary, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. Read more about cookies (and other similar tracking technologies) and how we use the data collected through these technologies, in our Privacy Policy.

What cookies do we use and why?

Some cookies are necessary to allow you to browse our website, use its features, and access secure areas. The use of these cookies is essential for the website to work. For example, we use user-input cookies for the duration of a session to keep track of a user’s input when filling in forms that span several pages.

We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorised content across pages. The functional cookies we use include:

• User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of the service.

• Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).

• Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.

• User interface customisation persistent cookies are used to store a user’s preference regarding a service across web pages.

DREAMS OF AFRICA is dedicated to user experience and we use many tools to help us improve our website and our commerce platform. To this end, we use reporting and analytics cookies to collect information about how you use our website or our merchants’ storefronts, and how often. These cookies only gather information for statistical purposes and only use pseudonymous cookie identifiers that do not directly identify you. The performance cookies we use include:

• First party analytics cookies - We use these cookies to estimate the number of unique visitors, to improve our websites and our merchants’ websites, and to detect the most searched for words in search engines that lead to a webpage. These cookies are not used to target you with online marketing. We use these cookies to learn how our websites and our merchants’ websites are performing and make relevant improvements to improve your browsing experience.

• Third party analytics cookies - We also use Google Analytics and other third-party analytics providers listed below to help measure how users interact with our website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with the website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.

Advertising cookies are used on our website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our website and we may share this information with third-parties, such as advertisers. Although these cookies can track your device’s visits to our website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you. Read more about how companies use cookies to conduct targeted or re-targeted advertising here. We do not set advertising cookies through our merchants’ storefronts ourselves, though merchants may choose to do so independently.

Finally, Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these modules into our platform to improve the experience of browsing and interacting with our websites. Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics, and/or market research.

How long will cookies remain on my computer or mobile device?

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. See the section below on how to control cookies for more information on removing them before they expire.

How to control cookies?

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt out through the privacy policy links listed above.