Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Hunter Valley Highland Games. Throughout the site, the terms “we”, “us” and “our” refer to Hunter Valley Highland Games. Hunter Valley Highland Games offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hunter Valley Highland Games, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hunter Valley Highland Games and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@hvhg.com.au.
STALLHOLDER TERMS & CONDITIONS
These Terms and Conditions ("Terms") govern the participation of stallholders ("the Stallholder", "you") at the Hunter Valley Highland Games ("the Event") held at Saltire Estate ("the Venue"). By submitting an application and/or accepting a stall site at the Event, the Stallholder acknowledges that they have read, understood and agree to be bound by these Terms.
1. Definitions
• "Event Organiser" means the entity hosting the Hunter Valley Highland Games at Saltire Estate, including its officers, employees, contractors and agents.
• "Event Day" means the day(s) on which the Hunter Valley Highland Games is conducted.
• "Event Area" means the area of Saltire Estate designated by the Event Organiser for stallholder use, including the stall site, designated access roads, vendor parking and load-in/load-out zones, as communicated to the Stallholder in writing.
• "Stall Site" means the specific area allocated to the Stallholder by the Event Organiser.
2. Application, Acceptance and Fees
1. Acceptance of a stallholder application is at the sole discretion of the Event Organiser. No application is confirmed until the Stallholder receives written confirmation and full payment of the stallholder fee has been received in cleared funds.
2. Stallholder fees are non-refundable except where the Event is cancelled in full by the Event Organiser for reasons other than force majeure (see clause 14).
3. Stall sites are non-transferable. The Stallholder must not sublet, share or assign the stall site to any other party without prior written consent of the Event Organiser.
3. Arrival, Set-Up and Pack-Down
4. The Stallholder is responsible for ensuring that they arrive at the Venue, complete set-up, and are in position and ready to trade by the times specified by the Event Organiser in the Stallholder Information Pack or as otherwise communicated in writing.
5. Late arrival may result in:
◦ Refusal of entry to the Venue;
◦ Forfeiture of the allocated stall site;
◦ Forfeiture of the stallholder fee in whole or part; and/or
◦ Exclusion from future events, at the sole discretion of the Event Organiser.
6. Stalls must remain set up, staffed and operational for the full duration of advertised trading hours. Early pack-down is not permitted without the express written consent of the Event Organiser, as it presents a safety risk to patrons and disrupts the Event.
7. All set-up and pack-down activity must be completed within the times nominated by the Event Organiser. The Stallholder must vacate the Venue by the bump-out deadline.
4. Overnight Check-Ins and Overnight Stays
8. Overnight check-ins are encouraged by the Event Organiser. Stallholders are welcome to arrive and complete bump-in the day prior to the Event, subject to the conditions set out in this clause.
9. Stallholders may sleep overnight at the Venue (whether in a tent, swag, vehicle, caravan or other accommodation arrangement) only where prior written approval has been obtained from both the Event Organiser and the property owners of Saltire Estate. Approval must be requested by written application made in advance of the Event.
10. Stallholders staying overnight must:
◦ Camp or sleep only in the specific area nominated in their written approval;
◦ Comply with any rules, quiet hours, fire restrictions and amenities arrangements specified by the Event Organiser or property owners;
◦ Not light open fires, and only use gas cooking appliances where expressly permitted in writing;
◦ Not consume alcohol to excess and not engage in any conduct that may disturb other stallholders, neighbouring properties, livestock or the public; and
◦ Take responsibility for their own safety, security and personal property at all times.
11. Approval to stay overnight may be withdrawn at any time at the sole discretion of the Event Organiser or property owners. The Event Organiser and the property owners of Saltire Estate accept no responsibility for any loss, damage, injury or theft arising from or in connection with a Stallholder's overnight stay at the Venue.
5. Stall Site, Equipment and Presentation
12. The Stallholder must operate only from the stall site allocated by the Event Organiser. The Event Organiser reserves the right to reallocate sites at any time without compensation.
13. The Stallholder is responsible for providing all equipment, infrastructure, signage, tables, chairs, weights, ropes, lighting, power leads (where permitted) and tents/marquees necessary to operate the stall, unless expressly agreed otherwise in writing.
14. All marquees, gazebos and temporary structures must be adequately secured in accordance with current SafeWork NSW guidelines. The use of pegs to secure structures is preferable and is encouraged by the Event Team. Weights may be used as an alternative where pegging is not practical. Stallholders are responsible for ensuring pegs are installed and removed safely and do not damage Venue infrastructure or underground services.
15. The stall must be presented in a clean, tidy and professional manner consistent with the heritage and family-friendly character of the Event at all times.
6. Care of the Ground and Minimal Disruption
16. Saltire Estate is a working estate. The Stallholder must take all reasonable steps to ensure minimal disruption to the ground, lawns, gardens, fencing, infrastructure, livestock and surrounding environment of the Venue.
17. Without limiting the above, the Stallholder must not:
◦ Drive, park or position vehicles, trailers or equipment outside the Event Area;
◦ Dig, drill, excavate or otherwise penetrate the ground (other than installing approved tent/marquee pegs in accordance with clause 5.3) without prior written authorisation;
◦ Pour or dispose of liquids (including grey water, cooking oil, ice melt, cleaning chemicals or food waste) onto the ground, into gardens, or into waterways;
◦ Light open fires, use unapproved gas appliances, or use any heat source likely to damage the ground or pose a fire risk;
◦ Interfere with vegetation, fencing, irrigation, signage or any other Venue infrastructure.
18. Any damage to the Venue caused by the Stallholder, their employees, contractors, agents, equipment or vehicles will be assessed by the Event Organiser. The Stallholder will be liable for, and agrees to pay on demand, all reasonable costs associated with reinstatement, including but not limited to ground repair services, turf replacement, garden restoration, infrastructure repair, environmental remediation and any third-party contractor fees.
7. Vehicles, Access and Parking
19. Vehicle access to the Event Area is permitted only during the designated bump-in and bump-out windows and only via the access routes nominated by the Event Organiser.
20. Once the Stallholder's vehicle is unloaded, it must be moved to the designated vendor parking area immediately. No vehicles may remain at the stall site during trading hours unless they form part of an approved part of stall.