Website Terms of Use

  1. About the Website

    1. Welcome to www.holatoys.com.au (the ‘Website’). The Website is owned and operated by Early Life Projects Pty Ltd trading as Hola Toys Australia (ABN 21 621 212 717) (‘Hola Toys Australia’). Thank you for using Hola Toys Australia products and services.
    2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’) by giving you access to a registered member account (the ‘Purchase Services’).
    3. Your access to and use of our Website for the purchase of Products through the Purchase Services or any associated products and services is governed by these terms and conditions (the ‘Terms’).
    4. Please read the Terms carefully as they govern your access to and use of our Website. By using the Website, you agree that you are bound by these Terms. If you do not agree with the Terms, you must refrain from the using the Website.
    5. Please read our Privacy Policy which form a part of these Terms to understand our practices regarding personal information that we collect about you through the conduct of our business.
    6. These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. If Hola Toys Australia updates the Terms, we will use reasonable endeavours to provide you with notice of these updates.Any changes to the Terms take immediate effect from the date of their publication on our Website.
    7. Before you continue, we recommend you download and keep a copy of these Terms for your records.

  2. Who may use our Website

    1. As a condition of your use of our Website and access to our Purchase Services, you warrant that:(a)you are a person authorised to enter into a legally binding contract if you are purchasing our Products;

      (b)all relevant consents have been obtained to use our Products.

    2. We retain the right in our sole discretion to deny anyone access to this Website or our Purchase Services, at any time and for any reason.

  3. Registration and Acceptance

    1. To obtain access to our Purchase Services, you must register for a member account through our Website (‘Member Account’).
    2. By registering for a Member Account, you will be required to accept the Terms by clicking the “register” button in the user interface as a condition of joining as a member (‘Member’). By clickingthe “register” button you agree to all the terms and conditions listed on these Terms by Hola Toys Australiawhich gives notice to you through our user interface as follows:By Registering, you agree that you’ve read and accepted our website Terms and Conditions and you consent to our Privacy Policy.
    3. You acknowledge that Hola Toys Australia may reject your application for a Member Account or cancel an existing Member Account, for any reason, in our sole discretion.
    4. You must be 18 years or older to purchase Products through our Website and use our Purchase Services. You must not register for a Member Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Purchase Services under Australian law or any other country in which you are a resident.
    5. As part of the registration process for a Member Account, you will be required to provide us with personal information including but not limited to:(a) your name

      (b) email and mailing address

      (c) a geographical address

      (d) a telephone number

      (e) a preferred username and password (‘Login Details’), and

      (f) and any other information indicated as required.

      (‘Registration Data’)

    6. Registration Data includes any content that you submit to Hola Toys Australia including your personal data that you may submit to us through the course of us supplying Purchase Services to you. Hola Toys Australia acknowledges that by you providing us with Registration Data that you are entrusting us to treat it appropriately and in accordance with our Privacy Policy.
    7. After registration as a Member, you may login into your Member Account with your Login Details to gain access to the Purchase Services by placing an order (‘Order’) for our Products. A contract comes into existence for the supply of the Products once acceptance of the Order is made by Hola Toys Australia. Any Order not accepted by Hola Toys Australia will be regarded as having been refused by Hola Toys Australia.
    8. You are solely responsible for the accuracy of the information that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.
    9. You warrant that your Registration Data is accurate, correct and up to date. You must not submit any Registration Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account and any orders for our Products.
    10. If your Registration Data changes, you must promptly update your Member Account to reflect those changes. Hola Toys Australia may undertake additional inquiries to confirm the accuracy of your Registration Data but is not obliged to verify Registration Data. It is your responsibility to ensure that your Registration Data is accurate and that you keep your Registration Data up to date.
    11. You retain ownership of your Registration Data. You grant Hola Toys Australia a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, make publicly available your Registration Data for the limited purposes of providing our Services to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Services to you.
    12. You are responsible for keeping your Login Details secure. Members acknowledge that they are entirely responsible for all activities that occur under their Login Details. Hola Toys Australia will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify Hola Toys Australia of any unauthorised use of your Login Details or any other breach of security known to you.
    13. You acknowledge that Hola Toys Australia will use the email you provide as the primary method for communication and agree to receive e-newsletters from Hola Toys Australia which will always have an unsubscribe function listed at the foot of the e-newsletter.
    14. You are responsible for maintaining, protecting and making backups of your Registration Data. To the extent permitted by applicable law, Hola Toys Australia will not be liable for any failure to store, or for loss or corruption to your Registration Data.
    15. Hola Toys Australia may without notice terminate your Member Account and your access to the Purchase Services including any Registration Data in it or associated with it:(a) at any time for a breach of these Terms in the sole discretion of Hola Toys Australia, or(b) if there is no account activity associated with your Member Account for over 12 months.
    16. We may from time to time by notice on our Website vary our catalogue of available Products, the prices for our Products and offer additional products or services.

  4. Member Account

    1. As a Member of our Website, you agree that:(a) your Member Account is personal to you. You must not authorise or permit anyone else to access your Member Account by using your Registration Information;(b) your access to and use of the Website as a Member is non-transferable and allows for the sole use of the Website by you;(c) you are responsible for maintaining the confidentiality of your Registration Information;(d) you must not impersonate, misrepresent your identity or imitate any person when registering for a Member Account.
    2. Hola Toys Australia reserves the right to deny any person access to a Member Account at any time and for any reason without notice.
    3. Member Accounts are not transferrable.
    4. Your access to the Purchase Services will be disabled when your Member Account is suspended, terminated or ends.

  5. Purchase of Products

    1. In using the Purchase Services to purchase our Products, you agree to the payment of the purchase price listed on the Website for the Products from time to time (the ‘Purchase Price’).
    2. Our fees for the Purchase Price are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.
    3. Payment of the Purchase Price may be made through the following third-party provider: eWay (‘Payment Gateway Provider’). Upon completion of sign up for our Purchase Services, Hola Toys Australia will create a Payment Gateway Provider checkout account on your behalf.
    4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by Payment Gateway Provider. You acknowledge that the Payment Gateway Provider will be your default payment gateway and it is your sole responsibility to:

      (a) keep the Payment Gateway Provider Account active, and

      (b) to deactivate the Payment Gateway Provider Account if you do not wish to keep the account active

    5. Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or if payment is declined by your bank or credit card issuer. Members are responsible for ensuring their credit card details are accurate and up to date when purchasing our Products.
    6. When we confirm payment of the Purchase Price and accept your Order, you will be issued with a receipt to confirm that your payment has been received. You agree that Hola Toys Australia may electronically store your Registration Information and your purchase details for future use.
    7. You are responsible for any use, activities and the payments associated with your Order. Hola Toys Australia reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:

      (a) the inability to authorise or process any payment including a credit card payment;

      (b) where Hola Toys Australia suspects or confirms a breach of intellectual property rights; or

      (c) if any misuse of your Member Account is detected.

    8. Hola Toys Australia may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.

  6. Discounts and Promotions

    1. Hola Toys Australia advertised offers and promotions are subject to the following conditions, in addition to any conditions specified upon entering the relevant code at checkout:(a) promotions are only applicable to Products specified in the offer;

      (b) any specified discounts and final sale promotions are not eligible for any other offers;

      (c) you must be logged in to your Member Account to use a promotion code;

      (d) Hola Toys Australia takes no responsibility for promotion codes that were not applied during the checkout process and discounts cannot be applied after an Order has been placed;

      (e) Products marked ‘Final Sale’, or purchased from a promotion that specified the Products as ‘Final Sale’, cannot be returned (in the absence of any defect or fault and subject to any law to the contrary); and

      (f) we reserve the right to end any promotions, sales or discount offers at any time.

  7. Postage and Shipping

    1. You must make payment for the Products in full before we will dispatch the Products.
    2. We ship within Australia and to the overseas countries in our sole discretion or as listed on our Website, if any. Please contact us by email if you require shipping to a country that is not listed on our Website.
    3. Postage and shipping costs are at your expense. The Purchase Price on our Website for Products is not inclusive of shipping and handling charges unless otherwise depicted.
    4. You acknowledge that our Products integrate delivery (the ‘Delivery Services’) through third-party delivery companies (the ‘Delivery Service Providers’).
    5. In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that Hola Toys Australia is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
    6. In the event that your Product is lost or damaged during the Delivery Services, Hola Toys Australia asks that you contact us by sending an email to support@holatoys.com.au outlining in what way the Products were damaged in transit, so we can contact the Delivery Service Provider directly to make a claim and to determine if the Delivery Service Provider should be removed as a supplier.
    7. For locations in Australia, please allow 3 to 10 calendar days for delivery by Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 3 to 10 calendar days.
    8. The cost of any delivery and shipping will be automatically calculated for you at checkout on our Website.
    9. Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.
    10. You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.
    11. You are responsible to make all arrangements necessary to take delivery for the Products otherwise Hola Toys Australia will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.
    12. You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.

  8. Title and Risk

    1. Title to the Products shall remain with Hola Toys Australia until you have paid the full invoice price for the Products.
    2. The risk in the Products will pass from Hola Toys Australia to you at the earlier of:

      (a) time of payment of Hola Toy’s tax invoice in full, or

      (b) time of delivery of the Products to the point of delivery in the Order.

    3. From that time on, you assume all risk of loss and damage to the Products including without limitation all loss or damage in the course of unloading the Products following delivery.

  9. Returns and Refund Policy

    1. All returns of Products ordered on our Website are subject to our Returns and Warranties Policy which are incorporated in and form part of these Terms. Please first read the terms of our Returns and Warranties Policy carefully before contacting Hola Toys Australia as they govern your eligibility for repairs, replacements and refunds.
    2. Returns and refunds will be processed in accordance with the Australian Consumer Law.
    3. It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt, not match the description or are not fit for the purpose specified, Hola Toys Australia will offer a full refund, replacement or repair of the Products in accordance with its obligations under the Australian Consumer Law.
    4. For defective merchandise, you must contact us within 14 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products. Please contact us by phone or email as follows:
      Email:support@holatoys.com.au
    5. You are responsible for returning the Products to Hola Toys Australia. Defective products will only be accepted for credit within 14 calendar days of the date of delivery and must be accompanied by the receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault.You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
    6. Returns will only be considered for Products in original condition (preferably in original packaging). Products that have been modified or excessively handled will not be accepted as a return. No credit will be allowed for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.
    7. Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
    8. Except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.

  10. Service Obligations

    1. Hola Toys Australia must ensure that the Products are of merchantable quality.
    2. Hola Toys Australia will supply the Purchase Services in a good, proper and professional manner and in accordance with relevant Australian industry standards, best practice and guidelines.

  11. Member Obligations

    1. As a Member, you agree that you will comply with the following:

      (a) use the Purchase Services only for purposes that are permitted by the Terms;

      (b) that you will have the sole responsibility for protecting the confidentiality of your Login Details and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

      (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hola Toys Australia of any unauthorised use of your Login Details or email address or any breach of security of which you have become aware;

      (d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Hola Toys Australia providing the Purchase Services;

      (e) you will not use the Purchase Services or Website for any illegal or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

      (f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Hola Toys Australia for any illegal or unauthorised use of the Website;

      (g) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited;

      (h) you will not use our Website for any illegal or unauthorised use which includes collecting email addresses of other Members by electronic or other means to send unsolicited email, spam, or unwanted advertisements;

      (i) you must not upload or disclose offensive, unlawful, threatening, defamatory or objectionable material;

      (j) you must not infringe upon the rights of third-parties and other users;

      (k) you must not create any virus, programs, or malware that inhibit, interrupt, damage, and compromises the functionality and security of our Website;

      (l) you will use the Website only for purposes permitted by the Terms and in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and

      (m) you acknowledge and agree that any automated use of the Website is prohibited.

  12. Warranty

    1. Returns will only be accepted in original condition (preferably in original packaging). Products that have been modified or excessively handled will not be accepted as a return.
    2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty Period’).
    3. This warranty does not apply to any defect in the Products arising from:Fair wear and tearIncorrect assembly or not installed or maintained in accordance with accompanying documentationInadequate storageInappropriate cleaningMisuseLack of maintenanceThe Product has been modified in anyway. Product used in a manner or purpose for which the Product was not intended. Repaired or serviced by someone other than Hola Toys Australia. Damage to Products due to events out of our control including Force Majeure once the Products are delivered to you.
    4. You are responsible for maintaining all documentation required to produce a warranty claim for the Products. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Hola Toys Australia showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending the Product and written notice to Hola Toys Australia at Suite 3A, Level 14, 275 Alfred Street, 2060,Australia or by email at warranty@holatoys.com.au.
    5. Returns will only be accepted in original condition and in original packaging. Products that have been modified or excessively handled will not be accepted as a return.
    6. Where the Warranty Claim is accepted then Hola Toys Australia will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. If you reside in Australia, Hola Toys Australia will be responsible for the return postage or shipping costs to facilitate your Warranty Claim for Orders. If you reside outside Australia, you acknowledge and agree that you will be responsible for all postage or shipping costs outside of Australia to facilitate your Warranty Claim for Orders.
    7. The Warranty shall be the sole and exclusive warranty granted by Hola Toys Australia and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
    8. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
    9. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
    10. Save for those express warranties provided in these Terms and to the maximum extent permitted by law, Hola Toys Australia does not give any other express warranty or representation of any kind in relation to any Products supplied under these Terms.
    11. You agree that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.

  13. Copyright and Intellectual Property

    1. The intellectual property rights in or related to the Products or any of its documentation vest in Hola Toys Australia or Hola Toys Australia has the right to use the intellectual property rights.
    2. The Website, the Purchase Services and all of the related products of Hola Toys Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled by Hola Toys Australia or its contributors.
    3. You may not, without the prior written permission of Hola Toys Australia and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
    4. Hola Toys Australia retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:

      (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Hola Toys Australia; or

      (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

      (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.

    5. The intellectual property in our Products including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties. You must not use any of our trade marks:

      (a) in or as the whole or part of your own trade marks;

      (b) in connection with activities, products or services which are not ours; or

      (c) in a manner which may be confusing, misleading or deceptive.

    6. Your obligations under this clause survive termination or expiry of these Terms.

  14. Privacy

    1. In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.
    2. If you are a non-Australian user of the Website, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.

  15. General Disclaimer

    1. You acknowledge that Hola Toys Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
    2. Hola Toys Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
    3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    4. Subject to this clause, and to the extent permitted by law:

      (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

      (b) Hola Toys Australia will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    5. Use of the Website, the Purchase Services, and any of the Products of Hola Toys Australia (including the Delivery Services) is at your own risk. Everything on Website, the Purchase Services, and the Products of Hola Toys Australia, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
    6. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Hola Toys Australia(including any third party where the DeliveryServices are made available to you) make any express or implied representation or warranty about the Content on the Website or any products or services (including the Products or Purchase Services of Hola Toys Australia) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

      (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

      (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

      (d) the Content or operation in respect to links which are provided for the User’s convenience;

      (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

      (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

  16. Limitation of Liability

    1. You expressly understand and agree that Hola Toys Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    2. This exclusion of liability includes without limitation:(a) the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Website (including third-party material and advertisements);(b) that the information on the Website is up to date; or(c) any of the Products on the Website will remain available.You accept that we take no responsibility for any error or omission relating to the Content on the Website.
    3. These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:(a) for any claims relating to these Terms, to the Purchase Price of the Products;(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
    4. Hola Toys Australia total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Hola Toys Australia is the resupply of information or Purchase Services to you.
    5. Hola Toys Australia is not responsible or liable in any manner for any content or material on the Website (including the Content and third-party) posted on the Website or in connection with the Purchase Services, whether posted or caused by Members or users of the Website or by any other third parties.
    6. You acknowledge that Hola Toys Australia does not provide the Delivery Services to you and you agree that Hola Toys Australia will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

  17. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by Hola Toys Australia as set out below.
    2. If you want to terminate the Terms, you may do so by:(a) notifying Hola Toys Australia at any time; and(b) closing your accounts for all of the Purchase Services which you use, where Hola Toys Australia has made this option available to you.Your notice should be sent, in writing, to Hola Toys Australia via the ‘Contact Us’ link on our homepage.
    3. Hola Toys Australia may at any time, terminate the Terms with you if:

      (a) you have breached any provision of the Terms or Hola Toys Australia reasonably suspects that you intend to breach any provision;

      (b) Hola Toys Australia is required to do so by law;

      (c) the partner with whom Hola Toys Australia offered the Purchase Services to you has terminated its relationship with Hola Toys Australia or ceased to offer the Purchase Services to you;

      (d) Hola Toys Australia is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

      (e) the provision of the Purchase Services to you by Hola Toys Australia is, in the opinion of Hola Toys Australia, no longer commercially viable.

    4. Subject to local applicable laws, Hola Toys Australia reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Hola Toys Australia name or reputation or violates the rights of those of another party including any intellectual property rights.
    5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Hola Toys Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

  18. Indemnity

    1. You agree to indemnify Hola Toys Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

      (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

      (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

      (c) any breach of the Terms.

  19. Dispute Resolution

    1. A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
    2. A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.
    3. During the 30-calendar day period after a Notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
    4. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:

      (a) a mediator agreed on by the Disputants; or

      (b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

    5. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
    6. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
    7. Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
    8. The mediation will be held in Sydney, Australia.
    9. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving Notice to each other Disputant. A Party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.

  20. Venue and Jurisdiction

    1. The Purchase Services offered by HolaToys is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

  21. Governing Law

    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  22. Independent Legal Advice

    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  23. Severance

    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

  24. Waiver

    1. The failure of Hola Toys Australia to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

  25. Force Majeure

    1. We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.

  26. Trade Marks

    1. The trade marks used on the Website are a trade mark or registered trade mark of Hola Toys Australia or licensed by Hola Toys Australia (the ‘Trade Marks’). You must not use the Trade Marks:

      (a) in or as the whole or part of your own trademarks;

      (b) in connection with any business, products or services which are not ours;

      (c) in a manner which may be confusing, misleading or deceptive to any person; or

      (d) in a manner that disparages us, the Purchase Services, or the Website.

  27. Advertising and Links

    1. The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

  28. Feedback and Social Media

    1. Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively “Material”) to our Website and our Products. You may submit Material by emailing us at info@holatoys.com.au.
    2. Our Website connects to or is related to the following social media platforms: Facebook, Twitter, Pinterest, Instagram, YouTube and various blogs (collectively ‘Social Media Platforms’). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Hola Toys Australia accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.
    3. We reserve the right to remove or disable access to a Member’s participation in our Social Media Platform in our sole discretion without notice including for:intellectual property infringement; defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation; illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses; participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.
    4. You grant to us a royalty-free irrevocable license to use your Material on our Website or on Social Media Platforms for advertising, promotional and review purposes.
    5. When you interact with any Hola Toys Australia page or account on these Social Media Platforms, we may collect personal information that you make available to us on that page or account subject to Hola Toys Australia complying with its Privacy Policy and the privacy policies of the corresponding Social Media Platforms.

  29. Public Statements

    1. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Hola Toys Australia without our prior written permission.

  30. Our Details

    1. This Website is owned and operated by Early Life Projects Pty Ltd trading as Hola Toys Australia (ABN 21 621 212 717).
    2. Our principal place of business is at Suite 3A, Level 14, 275 Alfred Street, 2060, Australia.
    3. You can contact us:

      (a) by post, using the postal address given above;

      (b) by telephone, on the contact number published on our Website from time to time;

      (c) by email, using the email address published on our Website from time to time.