Terms & Conditions

This website is owned and operated by dusk Australasia Pty Ltd ('dusk', 'we', 'us', 'our').

Through this website you may be able to do any of the following, among other things:

view information about dusk and its products;
order Gift Cards and other dusk products;
create an online account with us;
sign up for receiving communications about our products; and
use the email, instant messaging and other application functions to contact us, and send or post queries, reviews and feedback,

(the 'Services').

The following terms of use, as updated from time to time, govern your access to and use of:

this website;
all information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of the website or the Services ('Content'); and
the Services.

Nothing in these terms of use is intended to exclude, restrict or modify rights which you may have under law (including the Australian Consumer Law) which may not be excluded, restricted or modified.

1. Disclaimer

1.1 Access provided 'as is'

Access to the Content and this website is offered on an 'as is' and 'as available' basis.
To the full extent permissible by law (including the Australian Consumer Law) and subject to any additional warranties in our Cancellation, Return & Refund Policy where applicable:
In particular, we do not guarantee that:
- access to this website or the Services will function as intended or be uninterrupted or delayed;
- this website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.

1.2 Changes

We may withdraw or restrict your access to this website or the Services at any time and without notice to you.
We may make changes to any Content, at any time, without notice.

1.3 Our liability

To the fullest extent permitted by law and except as otherwise provided under these Terms:

subject to any rights that you may have under the Australian Consumer Law, dusk excludes all liability for any loss or damage of any kind, in contract, tort, under statue or otherwise, not caused by its negligence or fraud including arising directly or indirectly from or in connection with this website, the Content or the Services;
dusk's liability to you for loss or damage of any kind arising out of these this website, the Content or the Services will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.

1.4 Other users' Content

We do not endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements by other users of this website and exclude all liability in relation thereto. While we may review and moderate user-posted Content and may remove any Content (e.g. where it is unlawful or inappropriate), there may be some time where such content is able to be viewed before it can be removed.

2. Your online behaviour

2.1 Dusk's intellectual property

This website and the Content are subject to copyright and other intellectual property which are owned by dusk, its affiliates or third parties.
dusk grants you a non-exclusive, royalty-free, revocable, non-transferable, non-sublicensable licence to:
- access and use this website and Content solely for the purpose of receiving the benefit of the Services;
- create a hyperlink to this website provided that:
  - the link should not portray dusk, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner;
  - if requested by dusk, you must remove any hyperlink to this website contained on your website or any other digital content;
  - you may not use any dusk logo or other proprietary graphic or trade mark as part of the link without our express prior written consent, or that of our licensor, as appropriate.
Subject to 2.1(b), nothing on this website shall be construed as conferring any license in respect of any of dusk's or any other person's intellectual property rights, whether expressly, by interference, by implication, or otherwise. You must seek the permission of the relevant copyright holder in order to use third party Content.
Subject to 2.1(b), and unless otherwise specified or as permitted under the Copyright Act 1968 (Cth) or other applicable laws which may not be excluded, restricted or modified, you may not download, display, post, record, mirror, duplicate, copy, retransmit, redistribute, commercially exploit, reproduce or republish any part or aspect of this website or Content in any form, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise.

2.2 Unlawful use and interference

You must not access this website or the Content or use the Services for an unlawful purpose, under any circumstances, including:
- uploading, transmitting, accessing or downloading material that is offensive, defamatory, obscene, discriminatory, fake or misleading, invasive to another person's privacy, infringing intellectual property; and
- attempting to gain unauthorised access to any part of the website or the Services, or any other systems or networks connected to the website, or to any of the products or services offered through the website by any illegitimate means;
You must not (either yourself or through any third party):
- disrupt, intercept our electronic information posted on this website or on any of our servers;
- circumvent the security features of this website;
- use any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any Content without our prior written permission;
- use any device, software, process or routine to interfere or attempt to interfere with the proper working of the website;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure or bandwidth of the website; or
- reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the website.

2.3 Your reviews and feedback

Subject to clause 2.2(a)(1) and clause 2.3(b), dusk welcomes ratings, reviews, suggestions, comments or other feedback about its products and services, including the Services, (e.g., regarding their utility, reliability, or performance) this website and its Content and your user experience with the website, as well as any bug-fixes, features, functionality or enhancements you would like to see in future versions (" Feedback").
Without limiting clause 2.2(a)(1):
- to the fullest extent permitted by law (including the Australian Consumer Law), we reserve the right not to publish or to remove product reviews or other Content posted by you (for example, if they do not comply with our review policies or posting standards);
- you agree to not to submit any product review which:
  - you know to be inaccurate or for which you were compensated or granted any consideration by any third party; or
  - is not about the specific product which you have purchased from us.
By providing your Feedback, or any material to be included in the Content, you agree to grant dusk and its contractors a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable licence to use, reproduce and modify your Feedback or material, including for the purposes of improving our products and service or for dusk's internal reporting purposes.

2.4 Account security

It is your responsibility to maintain the confidentiality of your password and account and all activities that take place under your password or account.
If you believe that there has been a security breach or misuse of your password or account, please let us know immediately.

3. Privacy

We may collect, use and disclose personal information about you as described in our privacy policy available on our Privacy Policy Page.

4. Third party sites

We may provide links to other websites or social media sites from time to time. We do not endorse or take responsibility for the content of those sites and will not be liable in any way for any loss or damage which you may suffer by using those websites.

5. Applicable law

These terms of use are governed by and will be construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these terms of use shall be subject to the exclusive jurisdiction of the courts of New South Wales.

6. dusk News Subscription

By subscribing to dusk you are agreeing with the following terms and conditions. You are opting in to receive email, mail, SMS and telephone communications.
When opting out of dusk SMS communications via the opt out reply function, you are opting out of SMS marketing only.
When opting out of dusk email marketing communications via the unsubscribe link, you are opting out of email marketing only.
Alternatively, you can opt out by sending us a message via the "Contact Us" section on our website, www.dusk.com.au.

Terms of Sale

The following terms (the 'Terms'), govern the ordering, purchase and delivery of dusk's products offered for sale on the website of 'dusk Australasia Pty Ltd' ('dusk', 'we', 'us', 'our') at https://www.dusk.com.au/ ('Products').

Please read through and accept the Terms and our Privacy Policy available at https://www.dusk.com.au/s/privacy-policy before you place a request to purchase a Product ('Order').

Your use of the Website to Order Products is governed by our Website Terms of Use available at https://www.dusk.com.au//terms-and-conditions

1. Availability and Description of Products

You acknowledge and agree that:
- While we make every effort to ensure that all details, descriptions and prices of Products displayed on our website or otherwise are up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an Order;
- dusk, may withdraw, suspend from sale or make changes to the Products and their prices at any time without notice.
Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us in accordance with our refund and return policy.

2. Price and Payment

When you place an Order, we will charge you and you agree to pay the price of the Products Ordered and any applicable delivery fee.
Unless otherwise stated, all prices, charges and fees are in Australian dollars and inclusive of GST.

3. Delivery

Risk and title in the Products transfers to you upon delivery or in-store collection.
Additional terms and conditions for the delivery of Products, including applicable charges, are set out on our Shipping & Return page at https://www.dusk.com.au//returns and are incorporated into and apply to these Terms.
Please ensure you enter the correct delivery address and contact details with your Order. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Products due to inaccurate or incomplete details provided in an Order.
Except as provided in our cancellation, return and refund policy's available at https://www.dusk.com.au//privacy-policy (Cancellation, Return & Refund Policy) or otherwise agreed by dusk, no cancellations or changes to Orders will be accepted.

4. Using our Products

4.1 Personal Use Only

You acknowledge that all Products are intended for personal non-commercial use only and will not be re-sold.

4.2 Safety

You should only use the Products solely for their intended purpose and in accordance with these Terms and any instructions or documentation, included with the Product, on our Website or otherwise provided by us.

5. Warranties & Product Returns

Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the Australian Consumer Law which may not be excluded, restricted or modified
We may provide additional warranties in addition to your rights and remedies under Australian Consumer Law. Please refer to our Cancellation, Return & Refund Policy to determine the warranty term and warranty conditions for your purchase.
Subject to clause 5(a) and 5(b):
- all express or implied conditions, representations and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed;
- dusk makes no representations, warranties, covenants or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Products.
Purchased Products can be returned and exchanged or refunded in accordance with our including our Cancellation, Return & Refund Policy.

6. Our liability