FOUND SPACE TRADING PTY LIMITED
Website Terms and Conditions

Welcome to the website of Found Space Trading Pty Ltd (ACN 658 080 427) trading as Found—Space (“we“, “us”, “our” or ”Found—Space”). Found—Space is an Australian founded and owned business in the health technology and wellness space that provides premium infrared saunas, cold plunges and associated products.

Our website located at https://foundspace.com.au/ showcases our offering, and includes all of the files located in that domain (the “Site“).

1.            Acceptance of Terms and Conditions

1.1       By accessing this Site and using the services offered through the Site, including but not limited to:

(a)        using the Site’s features and associated software, networks and processes;

(b)        purchasing one or more of the products from Found—Space, as depicted in a Found—Space Showroom or otherwise, as offered on the Site (the “Products”); and

(c)        participating in Found—Space’s marketing and promotional communications;

            (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms and Conditions“). These Terms and Conditions constitute a binding agreement between you and Found—Space and govern your use of this Site.

Use of Our Site

1.2           Your use of this Site is subject to these Terms and Conditions. The Terms and Conditions constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Terms and Conditions, our Privacy Policy, our Returns Policy, and any other policy displayed on the Site, all of which constitute a part of the Terms and Conditions. If you do not agree to the Terms and Conditions, you must not use the Site.

1.3           Any time you visit the Site or use any of the features on the Site, you are taken to accept these Terms and Conditions.

1.4           We may amend or modify the Site, the Products, the Services, the Terms and Conditions and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Terms and Conditions as modified.

Legal capacity to transact

1.5           If you are under 18 years of age, you cannot place orders through this Site without the consent of a parent or guardian, who must read (and shall be bound by) these Terms and Conditions and Found—Space’s Privacy Policy. By using this Site, you represent and warrant to Found—Space that you are over the age of 18 years. Should Found—Space suffer any damage or other Loss as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such Loss from his/her parents or guardians.

2.         Definitions and Interpretation

Definitions 

2.1        The following definitions apply in this Terms and Conditions unless the context requires otherwise:

 Accessories means the back rests, foot stools and any other Sauna and Cold Plunge accessories available for purchase from the Site; and “Accessory“ shall have the same meaning.

 Appointment means the date and time that the Customer has booked for the Found—Space Personnel to attend the Premises to install the Products, as agreed between Found—Space and the Customer in writing.

Balance means the outstanding amount payable by the Customer, being the Purchase Price less the Deposit.

Business Days means any day other than a Saturday, Sunday or public holiday in the country in which an Order is being delivered.

Buy Now, Pay Later means any online service (including Zip Money) that may be employed by Found—Space from time to time to allow Customers to pay for purchased Products in instalments.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Cold Plunges means any and all of the cold plunge tubs offered for sale by Found—Space from time to time; and “Cold Plunge“ shall have the same meaning.

 Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of these Terms and Conditions:

 

(a)        indirect, incidental, special, remote or unforeseeable loss or damage;

 

(b)        costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

 c)        loss or damage of the nature set out above in clauses (a) and (b) that is incurred or suffered by or to a third party.

Customer means any person who engages Found—Space for the purchase of our goods or services.

Deposit means forty percent (40%) of the Purchase Price of a Product payable by the Customer upon placing their Order.

Enquiry means an enquiry form populated by the Customer on the Site and submitted to Found—Space in respect of any Sauna or Cold Plunge.

Estimated Delivery Date means the date specified on the pro forma invoice provided by Found—Space in accordance with clause 5 and clause 6 herein, indicating when the Deposit amount is due.

Found—Space Showroom means any of our showroom or boutique premises (including the Hormetic Hub) across Australia, as specified in Schedule 2 hereto and as updated on the Site from time to time.

GEM Finance means Latitude Financial Services Australia Holdings Pty Ltd (ACN 603 161 100) trading as GEM by Latitude, being an online third-party Payment Gateway that facilitates Buy Now, Pay Later payments for New Zealand Customers on the Found—Space Site.

Hormetic Hub means Found—Space‘s Hormetic technology Sauna and Cold Plunge experience available at the Found—Space Showroom located at 525 High Street, Prahran, Victoria, Australia 3181.

Installation Services means the delivery and installation Services included in all Orders for Saunas or Cold Plunges, as provided by Found—Space or its Personnel as set out in clause 9 herein.

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

(a)            liabilities on account of tax;

 (b)            interest and other amounts payable to third parties;

 (c)            legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

(d)        all amounts paid in settlement of any Claim.

Order or Orders means any purchase made by a customer for the Products or Services offered by  Found—Space, whether by verbal or written request, in-store at a Found—Space Showroom or online via the Site.

Payment Gateway means any online payment platform including Stripe, Zip Money, or any other gateway we may elect to use from time to time.

Personnel means Found—Space directors, officers, contractors, employees, consultants, partners, advisors or other Affiliates.

Premises means the location as agreed between the parties where the Products are to be delivered and the Installation Services are to be performed by Found—Space or its Personnel.

Privacy Policy means our privacy policy available here.

Products means any of the goods available for sale by Found—Space as listed on the Found—Space Site, in a brochure, or as depicted for sale in a Found—Space Showroom from time to time, including but not limited to the Saunas, Cold Plunges, and any Accessories in that regard; and “Product“ shall have the same meaning.

Product Handover Acceptance Form means the form provided to Customers upon completion of the Installation Services by Found—Space or its Personnel at the Customer‘s Premises.

Purchase Price means the amount payable by the Customer for the Products or Services rendered by Found—Space, as quoted to the Customer in writing or verbally.

Quote means a quote provided by Found—Space in response to an Enquiry submitted by a User regarding the purchase of any Sauna or Cold Plunge.

Returns Policy means our Returns and Cancellation Policy available here.

Saunas means any and all of the infra-red saunas offered for sale by Found—Space from time to time; and “Sauna“ shall have the same meaning.

Services means the services offered by Found—Space, including the provision of the Products, the Installation Services, and the Hormetic Hub experience.

Site means the whole or any part of the web pages located at https://foundspace.com.au/ including the layout of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.

Stripe means Stripe, Inc., being an online third-party Payment Gateway used for Found—Space’s billing purposes.

User means any person visiting or using the Site or Services whatsoever, regardless of whether registered or unregistered.     

Warehouse means a Found—Space warehouse where our Products are shipped to prior to installation at the Customer’s Premises.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.   

You, you, or your means any Customer, person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any User.

Zip Money means Zip Co Limited trading as Zip Money Payments Pty Ltd (ABN 58 164 440 993), being an online third-party Payment Gateway that facilitates Buy Now, Pay Later payments for Australian Customers on the Found—Space Site.

3.         Restrictions on use

Prohibited conduct

3.1       Your use of this Site is subject to the rules set out in Schedule 1 below.

Violations of these Terms and Conditions

3.2           Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the rules as set out in these Terms and the Schedule hereto, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to these Terms and Conditions may result in any of your User Content being removed from the Site.

3.3           Without limiting any other remedies available to Found—Space at law or in equity, Found—Space reserves the right to, without notice:

(a)            temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide the Products or Services to you if:

(i)      you breach any provision of these Terms and Conditions;

(ii)     Found—Space is unable to verify or authenticate any information that you provide to us; or

(iii)    Found—Space believes that your actions may cause damage and/or legal liability to Found—Space, any of its customers or suppliers or any other person; and

  (b)        remove or block access to any information and/or materials (in whole or in part) that Found—Space, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms and Conditions.

Indemnity

3.4           You indemnify and hold harmless Found—Space and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any Loss, liabilities, costs, expenses or damages (including actual, special, indirect and consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

(a)            any material or information that you submit, post, transmit or otherwise make available through this Site;

(b)            your use of, or connection to, this Site; or

(c)             your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.

3.5           This indemnification obligation will survive termination of the Terms and any misuse of the Site. 

4.         Security

4.1       You represent and warrant to Found—Space that all information provided to us by you, including the information provided by you from time to time, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

4.2           By accessing our Site, you represent and warrant that your use of the Site is not in breach of any applicable laws.

 4.3           The Site may contain links to external websites. By accessing these external websites, you warrant that you will abide by the terms and conditions and privacy policies of such websites, and further acknowledge that Found—Space is not responsible for the maintenance, content, or privacy practices associates with these external websites.

4.4           Customers must take their own precautions to ensure that their process for accessing the Site does not expose themselves to any viruses, malicious computer code or other forms of interference that may negative impact your device. Found—Space shall bear no responsibility for any such damage that may be incurred in connection with your use of this Site.

5.         Orders

Placing an Order

5.1       You may place an Order by following the instructions on the Site.

5.2       By placing an Order through this Site, you make an irrevocable offer to us to purchase the Products and Services that you have selected pursuant to these Terms and Conditions.

5.3       Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any the Products or Services to you – however, Found—Space will endeavour to supply your selected Products or Services to you.

5.4       For the avoidance of doubt, Customers will need to submit an Enquiry via the enquiry form or phone in order to purchase certain Products. Thereafter, Found—Space will revert to the Customer shortly thereafter with further information on the Product and a Quote, together with a pro forma invoice pro forma invoice for the total amount of the Order, which is to be paid in accordance with clause 6 below. Customers will also receive a Customer Declaration form which is to be signed and returned to Found—Space upon paying the Deposit, failing which, Found—Space shall reserve its right to refuse to provide the Products and Services to the Customer.

Acceptance of orders

5.5       Acceptance of each Order will take place when Found—Space notifies you in writing that your Order has been accepted via email and/or once the Deposit is paid as per clause 5.4 above. Found—Space reserves the right at our discretion to:

(a)            at any time prior to your Order being accepted in accordance with these Terms and Conditions, cancel all or part of your order; and

(b)            at any time:

(i)              refuse to provide Products or Services to you;

(ii)            terminate your access to this Site; and/or

(iii)           remove or edit any content on this Site.

5.6         Once an Order has been placed online via our Site or in-person at a Found—Space Showroom, and such Order has been accepted by us, the terms (including the Purchase Price) of this purchase cannot be varied unless Found—Space and the Customer come to an agreement in writing.

5.7           Found—Space‘s primary form of communication with Customers is via e-mail. Accordingly, Customers acknowledge and agree that it is their sole responsibility to ensure that the correct contact details are entered when placing an Order and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populate the field requesting their mobile phone number to ease the delivery process.

5.8       Found—Space reserves the right to decline an Order placed by you and may cancel your Order at any time prior to dispatch of the Product(s). Notwithstanding that Found—Space has accepted an Order in whole or in part, Found—Space may at any time, prior to the fulfillment of the Order, refuse to supply that Order in whole or in part. Each Order is subject to the Found—Space having the stock available to fulfil that Order. 

5.9       In the event that Found—Space cancels an Order that has not yet been dispatched to the Customer, any monies paid in relation to that Order shall be refunded in full. Any such refund or cancellation will be confirmed by Found—Space via e-mail.

Product Specifications

5.10     The features and specifications of our Products as described and displayed on our Site and the Found—Space Showrooms are subject to change, noting that any such change shall be reflected on the Site promptly thereafter.

Products out of stock

5.11     From time to time when a Product is out of stock, Found—Space shall indicate same on their Site and use their best efforts to restock the Product. Found—Space reserves the right to remove any Products from the Site at any time and at their absolute discretion.

5.12     Found—Space does not accept any responsibility for online Orders that are declined or disrupted due to poor internet connection or any such delay that is caused by circumstances beyond the reasonable control of Found—Space or its Representatives. Found—Space shall be entitled to a reasonable extension of time for the performance of any unfulfilled obligations that may arise as a result of the aforementioned adverse circumstances.

6.         Pricing

Saunas and Cold Plunges

6.1       Upon acceptance of a Quote from Found—Space, Found—Space will issue the Customer a pro forma invoice for the total amount of the Order.

6.2       Should the Customer wish to proceed with the Order, the Customer will be required to attend to payment of the Deposit amount specified in the pro forma invoice (i.e. 40% of the total Order amount) via Stripe, by bank transfer, or over the phone. Notwithstanding clause 5.4 above, by paying the Deposit amount for any Order, the Customer represents that they have read and agree to be bound by these Website Terms and Conditions, Privacy Policy, Returns Policy, and any other policy and any other Found—Space policy as depicted on the Site from time to time.

6.3       Upon paying the Deposit, the Customer is deemed to have placed an Order to irrevocably purchase the Products. Customers will receive an email promptly thereafter containing key Order details, including the Products purchased, Estimated Delivery Date of the Product, and an invoice for the balance payable for the Sauna or Cold Plunge. Customers will also be required to confirm the Premises address (i.e. delivery address), how Found—Space and/or its Personnel shall access to the Premises, and any other details pertinent to the delivery and installation of your Product.

6.4       The Balance of the Purchase Price of any Sauna or Cold Plunge Order must be paid before the Estimated Delivery Date of the Products to the Customer’s Premises. In the event that payment is overdue, Found—Space reserves the right to withhold delivery of the Products until such time that the Purchase Price is paid by the Customer.

Accessories

6.5       Full payment for all Accessories ordered from the Site must be made at the time of such purchase, unless the Customer makes a payment through a Buy Now, Pay Later Payment Gateways provided on the Site.

6.6       All prices listed on our Site are in Australian Dollars (AUD) and are inclusive of GST, delivery, and Installation Service costs.

6.7       Found—Space reserves the right to amend the price of any Products listed on our Site or displayed in our Found—Space Showrooms from time to time at our absolute discretion, and any such change shall be communicated to Customers verbally or in writing.

7.         Payments Methods

7.1       We accept the following methods of payment: Visa, MasterCard, American Express, Apple Pay and PayPal. Please note that we may, in some cases, refuse to accept certain credit cards issued by banks outside of Australia. Found—Space may from time to time, at its absolute discretion, charge additional transaction fees for credit card payments.

7.2       Found—Space gift cards are also accepted as payment for certain products as specified from time to time and may be used online via on our Site or at Found—Space Showrooms. Found—Space gift cards will be available for use for a period of three years from the date of purchase.

Online Billing

7.7       Found—Space conducts its online payments and secure in-person payment transactions through a Payment Gateway and may elect to use any other Payment Gateway from time to time in its absolute discretion.

7.8       To make shopping easier, Found—Space also offers Buy Now, Pay Later options through the Payment Gateway, Zip Money, for Customers within Australia only, and through GEM Finance for Customers in New Zealand.

7.9       Payments made through any Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms and Conditions.

7.10     Payments for Orders made through the Site (i.e. Orders for Accessories) will be processed immediately upon confirmation of your online Order.

7.11     Unless you expressly consent otherwise, we do not see, store, or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing address).

7.12     Found—Space does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit card details, you confirm that you are authorised to use that payment method, and you authorise Found—Space, through the Payment Gateway to charge your payment method for the total amount of your order.

Security

7.13     While our Payment Gateway and Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including Consequential Loss (whether direct or indirect), that may be suffered by a Customer whose credit card, email address or bank account information is used in a fraudulent or unauthorised manner by any person or entity other than Found—Space.

7.14     Found—Space may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud.

7.15     Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Found—Space considers appropriate at its discretion, your Order will be cancelled and, if your payment has been received, it will be refunded back to you.

8.         Shipping

8.1       All Products are to be delivered to the Customer’s Premises by Found—Space or its Personnel from one of Found—Space’s Warehouses across Australia and New Zealand.  Delivery of the Products shall be deemed to have occurred:

            (a)        for Saunas or Cold Plunges (as the case may be): once the Product is delivered to the Customer’s Premises by Found—Space or its Personnel; or

            (b)        for Accessories: once the Accessories are delivered to the Customer by post, or otherwise collected from the pick-up point indicated by the relevant delivery service.

8.2       Found—Space endeavours to ship all in-stock Accessories to the Customer within two (2) Business Days.

8.3       Once your Order is received at a Found—Space Warehouse, you will be notified via email. We will also notify you and provide tracking information when your order is dispatched. In this regard, Customers acknowledge that the date of dispatch indicated on any initial correspondence from Found—Space confirming acceptance of an Order is an estimate only and is subject to change. Once Found—Space has received confirmation that your Product has been shipped to a Found—Space Warehouse, we will arrange an Appointment for our Personnel to install the Product on your Premises.

8.4       For the avoidance of doubt, the delivery and the Installation Services for your Cold Plunge or Sauna are included in the Purchase Price of your Order, as quoted by Found—Space. Although, Customers should be advised that shipping times may vary depending on:

            (a)        the provided delivery location (i.e. the location of the closest Warehouse to the Customer’s Premises); and

            (b)        the weight and size of the Product or Products ordered.

8.5       Found—Space warrants and represents that we will use our best endeavours to ensure that Products are shipped in a prompt and timely manner following placement of the Order. However, due to factors out of our control, we note that shipping may from time to time be delayed. Found—Space does not accept any liability for Loss or damage suffered as a result of any such delay, failure to ship the Products, or Consequential Loss or damage caused to the Products by any freight company or shipping service.

9.         Product delivery and the Installation Services

Appointments

9.1           Once the Customer’s Sauna or Cold Plunge has been delivered to a Found—Space Warehouse, Customers will receive an email allowing them to schedule an Appointment for the Found—Space Personnel to attend the Premises and install the Products.

9.2           Found—Space reserves the right to cancel or reschedule Appointments for the provision of the Installation Services for any reason, at its discretion.              As set out in clause 6 above (Pricing), the Customer agrees and understands that the entire amount payable for the Products (i.e. the Purchase Price) must be settled by the Estimated Delivery Date, or otherwise, prior to the Products being delivered to your Premises. If, by the Appointment date, the Balance of the Purchase Price remains outstanding by the Appointment date, Found—Space reserves the right to cancel or postpone the Appointment until the Balance is paid. For the avoidance of doubt, title in the Product shall remain with Found—Space until such time that the Balance is paid.

9.3           The Customer warrants and represents that it will make all arrangements necessary to accept the delivery of the Products to its Premises on the date of the scheduled Appointment. In the event that the Customer fails to accept delivery of the Products as arranged, then Found—Space reserves the right, at its absolute discretion, to charge a reasonable fee for redelivery or otherwise, terminate the agreement.

9.4           By scheduling an Appointment, the Customer:

(a)             warrants and represents and that it has obtained any and all approvals required to ensure that the installation of the Products on the Premises is lawful;

(b)            indemnifies Found—Space and its Personnel from any loss, including any Consequential Loss, suffered as a result of the Customer’s failure to obtain the prerequisite approvals and/or any non-compliance with such approvals;

(c)             agrees that Found—Space reserves the right to engage contractors to perform the Installation Services on its behalf;

(d)            grants Found—Space and its Personnel permission to access, enter and remain on the Premises for the purposes of delivering the Products and (if applicable) performing the installation Services;

(e)            will ensure that the Premises are accessible for Found—Space and its Personnel during the time at which the Services are to be performed.

(f)             acknowledges and agrees that the Customer will, at all times while Installation Services are being provided, conduct themselves with respect towards Found—Space and its Personnel; and

(g)            acknowledges and agrees that Found—Space or its Personnel reserve the right to refuse to perform the Services if the Premises are deemed to be unsafe.

 Found—Space Starter Pack

9.5       At the Appointment, the Customer shall (while stocks last) receive a Starter Pack containing:

(a)             A Product quick-start guide;

(b)            A Sauna sessions guide (if applicable); and

(c)             The book, “Health Supercharged“ by Alex Tyson.

Product Handover

9.6       Installation of the Sauna/Cold Plunge shall be deemed to have occurred once the Product Handover Acceptance Form has been executed by the Customer or by an authorised representative acting on the Customer’s behalf.

9.7           Subject to the Found—Space Returns Policy located on the Site, the Customer agrees and understands that by signing the Product Handover Acceptance Form, the Customer:

(a)            warrants that they have thoroughly inspected and tested the Product upon completion of the Installation Services;

(b)            are entirely satisfied with the Installation Services provided by Found—Space or its Personnel; and

(c)            are entirely satisfied with the operation of the Product.

9.8           After executing a Product Handover Acceptance Form, the Customer is taken to have accepted the Product as installed on the Premises on the date of the Appointment as being of merchantable quality, suitable, and fit for purpose. Thereafter, the Customer understands that the remedies available to the Customer for any damaged Products are limited to the maximum extent permitted by law, unless the Products are deemed faulty or defective in accordance with the Australian Consumer Law (or for New Zealand Customers, the Consumer Guarantees Act 1993).

Deferral of Appointment

9.9           If Found—Space notifies the Customer that the Products are ready for delivery and installation, and the Customer requests (whether by words or conduct) that Found—Space hold or store the Products in its possession on the Customer’s behalf, the Products will be held by Found—Space at the Customer’s risk.

Additional Services

9.10     Upon the Customer’s req uest, Found—Space may (at its absolute discretion) agree to provide additional Services not included or specifically excluded in the initial Quote or Order. In this event, Found—Space shall be entitled to make an additional charge. Additional Services include, but are not limited to, any alterations, amendments, and any additional visits by Found—Space following the provision of the Products or Services and may incur an additional fee payable by the Customer.

10.       Hormetic Hub

10.1      By participating in the Sauna or Cold Plunge Services offered for use at the Hormetic Hub, you understand that you must accurately complete a waiver and release form (“Waiver“) as provided by Found—Space prior to utilising these facilities, and agree to be bound by the terms contained therein. For the avoidance of doubt, the terms of the Waiver are to be read in conjunction with these Terms and Conditions, and any other Found—Space policy as depicted on the Site from time to time.

11.       GST

11.1     Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

12.       Intellectual property

Copyright

12.1        In these Terms and Conditions, the term “Proprietary Content” means:

(a)            this Site;

(b)            all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site or any Found—Space marketing material, and the selection and arrangement thereof); and

(c)             all software, systems and other information owned or used by Found—Space in connection with the Services offered through this Site (whether hosted on the same server as this Site or otherwise).

12.2     All Proprietary Content is the property of Found—Space or its licensors (as applicable) and is protected by Australian and international copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of Found—Space or other copyright owner (as applicable).

12.3     You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove, modify, reproduce, adapt, display or distribute any copyright, trade mark or other proprietary notices.

Trade marks

12.4     The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Found—Space. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the express prior written consent of Found—Space or third party owner.

Copyright claims

12.6        If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

 No Reverse Engineering

 12.7     The Customer shall not disassemble, decompile, or reverse engineer the Site or the Products or attempt to or assist any third party in doing so.

 13.       Photography

13.1       You consent to allow Found—Space to include any photographs or video content taken by Found—Space, any third-party photographer or by you as posted on social media for use in our marketing material on the Site and across any social media platforms of Found—Space, unless you provide us express written notice revoking such consent.

 14.       Promotions

14.1     For certain campaigns, promotions or contests, additional terms and conditions may apply. If you wish to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. For the avoidance of doubt, where there is any inconsistency between such terms and conditions and these Terms and Conditions, the terms and conditions for the relevant campaign, promotion or contest will prevail.

14.2     Where any discounts and/or offers are made available by Found—Space from time to time, you shall be entitled to use such discounts/offers to purchase Products in accordance with these Terms and Conditions or as otherwise directed on our Site.

 15.       Social Media

15.1     You acknowledge and agree that the information contained on our Site and other associated Found—Space social media channels, including but not limited to Instagram, Facebook, X, LinkedIn, Pinterest, YouTube, or TikTok is for general information only. While we endeavour to keep the information up to date, Found—Space make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related Found—Space social media channels.

 15.2     You agree that Found—Space nor any of its Personnel shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and other related Found—Space social media channels.

 15.3     For the avoidance of doubt, Found—Space makes no representations or Warranties about any third party website or social media channel which you elect to access through this Site. Third party websites and social media platforms are not under the control of Found—Space, and we are not responsible for the accuracy of any information on any platform other than the Found—Space Site, nor  do we monitor or review the content of any other website. You must take your own precautions to ensure that a third party website and/or social media platform that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.

16.       Disclaimer of Warranties

16.1     TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOUND—SPACE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS Site AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

16.2     This Site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Found—Space and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

(a)            the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b)            this Site will meet your requirements or expectations;

(c)             anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;

(d)            the quality of any Services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;

(e)            errors or defects will be corrected; or

(f)             this Site or the servers that make it available are free of viruses or other harmful components.

17.       Limitation of liability

Exclusion of liability

17.1     To the maximum extent permitted by law, Found—Space and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Site by you or any other person, or arising directly or indirectly from your reliance upon any statement, recommendation, advice or assistance provided by us, our employees and any agents of ours, from time to time. The information on this Site does not intend to provide advice and must not be construed as a substitute for advice from an appropriate health care professional and the Customer acknowledges that it is the Customer’s responsibility to fully inform itself and understand the risks associated with the Products and Services.

Remedies limited

17.2     To the maximum extent permitted by law, Found—Space and its Personnel, officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Found—Space’s sole discretion):

(a)            in the case of Products, to any of the following:

(i)              the replacement of the Products or the supply of equivalent goods;

(ii)            the repair of the Products;

(iii)           the payment of the cost of replacing the Products or of acquiring equivalent Products; or

(iv)           the payment of the cost of having the Products repaired; and

(b)            in the case of Services:

(i)              the supply of the Services again; or

(ii)            the payment of the cost of having the services supplied again.

Release

17.3     You agree that your use of this Site is at your own discretion and risk. You agree that you will be personally responsible for your use of this Site and you agree to release Found—Space and its officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Site by you or any other person. Found—Space may plead this release as a bar and complete defence to any Claims or proceedings.

Force majeure

17.4     To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, Found—Space and its Personnel expressly exclude liability for any delay/and or damage in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of Found—Space (including but not limited to any circumstances where there is Government enforced prohibition due to COVID-19 or any other pandemic or epidemic restricts Found—Space from providing the Customer with the Services), and Found—Space shall be entitled to a reasonable extension of time for the performance of such obligations. The Customer acknowledges and agrees that Found—Space holds the benefit of this clause 17.4 for itself and as agent and trustee for and on behalf of each of its Personnel.

18.       General

Interpretation

18.1     In these Terms and Conditions, the following rules of interpretation apply:

(a)            headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms and Conditions;

(b)            these Terms and Conditions may not be construed adversely against Found—Space solely because Found—Space prepared them;

(c)             the singular includes the plural and vice-versa;

(d)            a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

(e)            the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

18.2     Found—Space may provide any notification for the purposes of these Terms and Conditions by email and/or by adding the notification into your user control panel.

Email

18.3     You agree that you are responsible for ensuring that content provided to you by Found—Space via email is not collected in your own junk or spam filters and Found—Space shall not be held liable or accountable for any loss of communication if this is the case.

18.4     You have the option to discontinue receiving communication and/or emails from Found—Space by unsubscribing from our email communications at any time.

Title and Risk

18.5     Title and risk in Found—Space Products shall be passed to you as follows:

            (a)        For online Orders for Accessories:

                        (i)         Title shall be passed to you upon payment in full of the Accessory or Accessories; and

                        (ii)        Risk shall be passed to you from the point of dispatch by Found—Space or a third-party delivery service; or

            (b)        For Orders for Saunas and/or Cold Plunges:

(i)         Title shall be passed to you upon payment in full of the Sauna/Cold Plunge; and

                        (ii)        Risk shall be passed to you upon you signing a Product Handover Acceptance Form following the installation of the Sauna/Cold Plunge by Found—Space or its Personnel at the Premises.

Costs

18.6     Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.

Assignment

18.7     You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without Found—Space’s prior written consent. Your registration with this Site is personal to you or your business and may not be sold or otherwise transferred to any other person.

18.8     Found—Space may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions or any other policy on our Site at any time without your consent and without notice to you.

Set-off

18.9     The Customer shall not have the right to set-off any amounts owing for a default in payment in any claim, suit or proceeding brought by Found—Space against the Customer. Found—Space reserves the right to rely on this clause 18.9 in bar of any proceeding for set-off.

No waiver

18.10   Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Found—Space to act with respect to a breach by you or others does not waive Found—Space’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

18.11   The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

18.12   Found—Space reserves the right to amend these Terms and Conditions and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this Site.

Dispute Resolution

18.13   The parties agree:

(a)        to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms and Conditions;

(b)        any agreement reached between the parties must be reduced to writing and will be binding on the parties;

(c)             where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and

(d)            such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it. 

18.14   The Parties otherwise agree to submit to the jurisdiction of the Courts of Victoria and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms and Conditions cannot be resolved.

Governing law and jurisdiction

18.15   These Terms and Conditions will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria and the courts of appeal from them.

Schedule 1  –  Prohibited conduct

YOU MUST NOT:

●      use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;

●      engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

●      use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

●      use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;

●      use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;

●      use this Site by any automated means;

●      use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;

●      access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;

●      interfere with the display of any advertisements appearing on or in connection with this Site;

●      reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;

●      reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;

●      falsely imply that any other website is associated with this Site;

●      do anything that leads, or may lead, to a decrease in the value of Found—Space‘s intellectual property rights in this Site;

●      use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;

●      release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Found—Space without Found—Space’s prior written consent; or

●      use this Site to transmit any information or material that is, or may reasonably be considered to be:

●      abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

●      libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

●      infringing upon or violating any copyright, trade mark, patent or other intellectual property or proprietary right;

●      in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

●      in breach of any person’s privacy or publicity rights;

●      a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

●      in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

●      containing any political campaigning material, advertisements or solicitations; or

●      likely to bring Found—Space or any of its staff into disrepute.

Schedule 2  –  Found—Space Showrooms

Found—Space Melbourne Boutique	Location: 525 High Street, Prahran, VIC 3181   Opening Hours: Monday to Friday:       9:00am – 5:00pm Saturday:                     9:30am – 12:30pm Sunday:                       Closed   Contact: Please call 1800 945 239 to book your visit day and time.
Found—Space Brisbane Showroom	Address: 6/28 Doherty Street, Brendale, Queensland 4500 Australia   Opening Hours: Monday – Saturday:     By appointment only Sunday:                       Closed   Contact: Please call 1800 945 239 to book your visit day and time.