Terms and Conditions

1. About the Website

1. Welcome to www.reachandmatch.com (Website). The Website provides you with an opportunity to browse and purchase various products and training programs that have been listed for sale through the Website (Products and Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
2. The Website is operated by Reach & Match Pty Ltd (ACN 165 544 507) (Reach & Match, we, us or our). Access to and use of the Website, or any of its associated Products or Services, is provided by Reach & Match. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.
3. Reach & Match reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Reach & Match updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Reach & Match in the user interface.

3. Registration to Use the Purchase Services

1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
   1. Email address
   2. Mailing address
   3. Telephone number
2. You warrant that any information you give to Reach & Match in the course of completing the registration process will always be accurate, correct and up to date.
3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
4. You may not use the Purchase Services and may not accept the Terms if:
   1. you are not of legal age to form a binding contract with Reach & Match; or
   2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your Obligations as a Member

As a Member, you agree to comply with the following:

1. You will use the Purchase Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services.
3. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Reach & Match of any unauthorised use of your password or email address or any breach of security of which you have become aware.
4. 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 Reach & Match providing the Purchase Services.
5. You will not use the Purchase Services or Website for any illegal and/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.
6. 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 Reach & Match for any illegal or unauthorised use of the Website.
7. You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

1. In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
2. Payment of the Purchase Price is made through Stripe (Payment Gateway Provider). 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 Stripe. Reach & Match does not store your full payment card details.
3. Following confirmation of payment of the Purchase Price by Reach & Match, you will be issued with a receipt to confirm that payment has been received. Reach & Match may record your purchase details for future use.
4. Returns and refunds are only available where a Product is found to have a manufacturing defect. Reach & Match does not accept returns or provide refunds for change of mind or any reason other than a manufacturing defect.
5. Please notify us of any visible delivery damage or defect within 14 days of delivery where possible. This does not limit any rights you may have under applicable consumer laws.
6. Reach & Match will assess the claim and, where the return is accepted, provide a replacement product, repair, refund or other remedy as required by applicable law.
7. Nothing in this clause limits or excludes your rights under the Australian Consumer Law, including your right to a remedy for major failures of a Product.
8. This returns and refunds policy operates in addition to, and does not limit, any rights you may have under the Australian Consumer Law or other applicable mandatory consumer protection laws.

6. Training Programs

1. Reach & Match offers professional learning and training programs (Training) that may be booked through the Website or by direct arrangement. All Training bookings are subject to these Terms unless a separate written agreement applies.
2. Cancellations made more than 14 days prior to a scheduled Training session are eligible for a full refund or rescheduling at no additional cost. Cancellations made within 14 days of a scheduled session may incur a cancellation fee of up to 50% of the session fee, at Reach & Match’s discretion.
3. Reach & Match reserves the right to reschedule or cancel any Training session. In such cases, participants will be notified as soon as reasonably practicable and offered a full refund or alternative date.
4. Training materials, resources and program content provided in connection with Training sessions remain the intellectual property of Reach & Match and may not be reproduced, distributed or used for commercial purposes without prior written consent.

7. Delivery

1. You acknowledge that the Purchase Services offered by Reach & Match integrate delivery (Delivery Services) through the use of third-party delivery companies (Delivery Service Providers).
2. In providing the Purchase Services, Reach & Match may provide you with a variety of delivery and insurance options offered by Delivery Service Providers. You acknowledge and agree that Reach & Match is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect of providing the Delivery Services.
3. For international orders, the customer is responsible for all customs duties, import taxes, tariffs, brokerage fees and local regulatory requirements in the destination country. Delivery timeframes are estimates only and may be affected by customs or third-party carriers. Reach & Match is not responsible for delays outside its reasonable control.
4. If your order is lost or damaged in transit, please contact Reach & Match promptly at info@reachandmatch.com. We may ask you to provide photographs, packaging evidence and delivery information so we can assess the issue and liaise with the Delivery Service Provider where appropriate.

8. Warranty

1. Reach & Match’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).
2. Reach & Match provides its own express warranty against material defects and workmanship in the Products for a period of 6 months from the date of purchase (Express Warranty). This Express Warranty is provided in addition to, and does not limit, any rights you may have under the Australian Consumer Law or other applicable mandatory consumer protection laws.
3. You may make a claim under this clause (Express Warranty Claim) for material defects and workmanship in the Products within 6 months from the date of purchase (Express Warranty Period).
4. In order to make an Express Warranty Claim during the Warranty Period, you must provide proof of purchase to Reach & Match showing the date of purchase of the Products, provide a description of the Products and the price paid, by sending written notice to info@reachandmatch.com.
5. The Warranty does not apply to any appearance of the supplied Products, nor to any supplied Products where the exterior 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.

9. Copyright and Intellectual Property

1. The Website, the Purchase Services and all related products and content of Reach & Match 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, software, product designs, program materials and training resources) (Content) are owned or controlled by Reach & Match or its contributors.
2. The Reach & Match® name, mark and logo are registered trade marks of Reach & Match Pty Ltd. Nothing in these Terms grants you any right to use the Reach & Match name, mark or logo without prior written consent.
3. Reach & Match 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:
   1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Reach & Match; or
   2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
   3. 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).
4. You may not, without the prior written permission of Reach & Match and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content 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.
5. Products purchased through the Website are licensed for personal or organisational educational use only. They are not clinical, therapeutic, or medical devices and must not be represented as such.
6. Products must be used under appropriate adult supervision. Customers are responsible for ensuring the product is suitable for the child, setting and activity, and for checking products regularly for wear, damage or loose parts.

10. Privacy

Reach & Match takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services is subject to Reach & Match’s Privacy Policy, which is available at www.reachandmatch.com/privacy-policy.

11. General Disclaimer

1. You acknowledge that Reach & Match does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than as provided for pursuant to these Terms.
2. Reach & Match 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:
   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
   2. Reach & Match will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms, 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 Reach & Match is at your own risk. Everything on the Website, the Purchase Services, and the Products of Reach & Match are provided to you on an ‘as is’ and ‘as available’ basis, without warranty or condition of any kind.

12. Limitation of Liability

1. Reach & Match’s 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 Price, the resupply of information or Purchase Services to you.
2. You expressly understand and agree that Reach & Match, 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 includes, 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.
3. Reach & Match is not responsible or liable in any manner for any site content posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website, by third parties, or by any of the Purchase Services offered by Reach & Match.
4. You acknowledge that Reach & Match does not provide the Delivery Services to you and Reach & Match 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.
5. Nothing in this clause limits or excludes any liability that cannot be limited or excluded by law, including under the Australian Consumer Law.

13. Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Reach & Match as set out below.
2. If you want to terminate the Terms, you may do so by:
   1. notifying Reach & Match at any time; and
   2. closing your accounts for all of the Purchase Services which you use, where Reach & Match has made this option available to you.
3. Your notice should be sent, in writing, to Reach & Match via the ‘Contact Us’ page at www.reachandmatch.com/contact-us.
4. Reach & Match may at any time terminate the Terms with you if:
   1. you have breached any provision of the Terms or intend to breach any provision;
   2. Reach & Match is required to do so by law;
   3. the partner with whom Reach & Match offered the Purchase Services to you has terminated its relationship with Reach & Match or ceased to offer the Purchase Services;
   4. Reach & Match 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
   5. the provision of the Purchase Services to you by Reach & Match is, in the opinion of Reach & Match, no longer commercially viable.
5. Subject to local applicable laws, Reach & Match 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 Reach & Match’s name or reputation or violates the rights of another party.
6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Reach & Match have benefited from, been subject to, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply indefinitely.

14. Indemnity

You agree to indemnify Reach & Match, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

1. 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;
2. 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
3. any breach of the Terms.

15. Dispute Resolution

15.1 Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

15.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3 Resolution

On receipt of that notice (Notice) by the other party, the Parties must:

1. within 28 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. if for any reason, 28 days after the date of the Notice the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Institute of Victoria or his or her nominee;
3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
4. the mediation will be held in Melbourne, Victoria, Australia.

15.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.

15.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, Products, Services or these Terms, you agree that the exclusive venue for resolving the dispute shall be the courts of Victoria, Australia.

17. Governing Law

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

18. Severance

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 full force and effect.