Hi there,
Welcome, we are glad that you are here. When you access or use this website including you are subject to the following terms and conditions, which may change from time to time (each time they change, the date above will change) (Terms). Each time you use our website you agree to be bound by these Terms.
The contents below is organised as follow:
Viewing our site
1. You agree you will not access (or attempt to access) any part of the Website by any means other than through the interface provided by us and will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar tools on the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website. By using our Website you understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Content & Intellectual Property Rights
2. Dumbo Feather owns, or is licensed to use by third parties, all intellectual property contained in this website (Intellectual Property) which includes without limitation, all copyright in any literary or artistic works, trademarks, designs, patents, computer software, know-how, material, information and data (such as data files, audio files, written text, computer software, photographs or other images).
3. We always respect, acknowledge and (where possible or necessary) engage with the owners and creators of the beautiful words and images contained on our website. We ask that you do the same. You may not use, modify, rent, lease, sell, distribute or create derivative works based on the whole or any part of the Intellectual Property contained on this website without the express written consent of Dumbo Feather. Basically, talk to us if you want to use our Intellectual Property.
4. The same goes for content, we focus on sharing a positive message but you may not always agree with what we say. Therefore, it needs to be said that you understand and agree the website may contain content that is in your opinion, offensive, indecent or objectionable and you use the website, including accessing, obtaining or using any information at your own risk.
5. Whilst we always work to the highest standards, we do not warrant that the information contained on the website including any posts or comments, is accurate, suitable for your purposes, without errors, omissions or viruses.
Shopping on our site
6. We have subscriptions and merchandise and other good stuff available on the Website, so if you would like to buy something, these are the terms. We can send a subscription to anywhere in the world, but unfortunately, we cannot do the same for our Merchandise and our Products, you need to be in Australia for us to send them to you.
7. We will accept returns for faulty goods, however, all sales are FINAL, so please choose sizes carefully!
8. We do our best to ensure our products are described as accurately as possible on the Website, however we do not warrant the accuracy of the description. Please let us know if you don’t think we are describing them correctly and as soon as we become aware of any inaccuracy in the description, we will correct the error or omission.
9. Current and back issues of the magazine can be purchased separately through the website, however we cannot guarantee the availability of any back issues of our magazines.
10. Prices quoted are in Australian Dollars (AUD) and inclusive of GST (where relevant) and can be accessed from our home page. We may amend our prices from time to time. Packaging and postage are factored into the price already.
Subscriptions
11. We endeavour to keep our subscription products up to date. Subscriptions are delivered by post and begin with the next issue of Dumbo Feather magazine, which is distributed in March, July and November.
12. When you place an order, you need to provide your name, address for delivery and billing purposes, your email address, telephone number and credit card details. We take due care with this information however, in providing us with such information you accept we are not liable for its misuse due to an error in transmission, a virus or malware. Please review our Privacy Policy for more information.
13. Confirmation of your order occurs immediately online and occurs annually on the date of purchase each year, meaning this subscription will auto-renew each year.
14. Current and back issues purchased online are dispatched and sent via post to the nominated address within seven working days.
15. We consider the security of your financial details to be of paramount importance and use a secure third-party payment system to process your financial details.
Rollover of your Ongoing Subscription
16. For your convenience, ongoing subscriptions automatically renew. Billing occurs annually on the date of purchase each year, meaning this subscription will auto-renew each year. We take payment by debiting the subscription fee to your nominated credit card in advance of each issue, immediately after the previous issue is released on a quarterly basis. You can opt out of the rolling subscription at your convenience. Note, however, that you must opt out at least two weeks before an issue is distributed in order to avoid being charged for that issue.
Flat Rate Annual Subscription
17. Annual subscriptions are non-refundable after the time of purchase.
Suspension of Subscription
18. If you receive your annual subscription by post and will be away from home for an extended period of time, you may contact us by email at hello@dumbofeather.com and request we temporarily suspend your subscription until you return. The maximum period we can suspend your subscription is twelve months.
Gift Subscription
19. We know a lot of people buy subscriptions and also receive them as gifts. If you find yourself with multiple subscriptions, contact us by email at hello@dumbofeather.com and we’ll roll the subscriptions together and extend the length of the overall subscription.
Product Returns for Magazines not Received or Damaged in the Post
20. If the magazine (or any other product purchased through the website) has been damaged in the post, please advise us within 7 days of receipt of the damaged goods by one of the following methods to arrange a replacement magazine or a credit note at no charge:
email to hello@dumbofeather.com
write to Dumbo Feather Returns – 11 Princes Street, St Kilda VIC 3182
We will refund the reasonable cost of any postage or phone calls incurred to notify us of receipt of the damaged magazine.
21. The warranty given above is in addition to any other rights and remedies you may have as a consumer under Australian Consumer Law in relation to the goods or services to which the warranty relates.
22. For Australian orders, if you do not receive your copy of the magazine within 21 days of us mailing it to you, please notify us by email at hello@dumbofeather.com and we will send you a replacement magazine at no cost. It is your responsibility to keep your postage details up to date. We will not send a replacement copy if you have not updated your address.
23. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Merchandise & Products
24. We endeavour to keep our product list up to date, however we cannot guarantee the availability of all products and sizes and colours etc
25. Prices quoted are in Australian Dollars (AUD) and inclusive of GST (where relevant) and can be accessed from our home page. We may amend our prices from time to time.
26. Packaging and postage is factored into the price already.
27. When you place an order, you need to provide your name, address for delivery and billing purposes, your email address, telephone number and credit card details. We take due care with this information however, in providing us with such information you accept we are not liable for its misuse due to an error in transmission, a virus or malware. Please review our privacy policy for more information.
28. Confirmation of your order occurs immediately online or by phone unless payment cannot be processed. Please contact us if there is a problem ordering online and we will process the payment over the phone.
29. Products will be dispatched and sent via post to the nominated Australian address within seven working days.
30. We consider the security of your financial details to be of paramount importance and use a secure third-party payment system to process your financial details.
Accessing the Website from Countries other than Australia
31. We welcome visitors from everywhere around the world. We know that there are different countries with different rules and different ideas of what is appropriate. Dumbo Feather makes no representation that material or content on this website is appropriate for use or available for use outside of Australia and you must not access the website outside Australia where the content is illegal or prohibited. Anyone who accesses this website in a country where the content is considered illegal or prohibited has done so on their own initiative and you are solely responsible for compliance with the laws of that country.
Engaging with us on Social Media
32. You agree you will not upload any Prohibited Content or content containing spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer codes, files or programs or other harmful components designed to interrupt, destroy, change or limit the functionality of the website or in any way interfere with another user’s use and enjoyment of our social media platforms.
33. By posting on or submitting content to Dumbo Feather’s social media platforms, you consent to us and our associated entities and licensees, using, reproducing, displaying, performing, adapting, modifying, distributing, and promoting the content as we see fit. Also, if you are posting things, we assume you either own it or are licensed to use all of the rights to the content and none of it will infringe the intellectual property rights of any third party.
34. Finally, if we don’t think you are being respectful or kind, we can remove the content. We reserve the right to monitor all content posted to our social media platforms and to modify or remove any content, messages or postings that we think contain Prohibited Content or otherwise breach our Terms. That said, Dumbo Feather is not obligated to take any such action and is not responsible or liable for any content, messages or postings uploaded to its social media platforms.
Site Access
35. When you visit our website, we give you a limited licence to access and use our information for personal use only.
36. You are permitted to access a copy of the information on this website to your computer for your personal use only provided you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights and may infringe the intellectual property rights of third parties.
37. Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
38. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Links
39. This website may contain hyperlinks to other websites not operated or controlled by Dumbo Feather. These links are provided for convenience only and Dumbo Feather does not sponsor, endorse or approve of any material or products on linked sites. Dumbo Feather also takes no responsibility for the content, maintenance of or privacy compliance by any linked website. Complaints, claims, concerns, or questions regarding third-party products and/or services should be directed to the third-party.
40. Linking to our website is not permitted without our express written consent.
Disclaimers
41. We take all due care to ensure our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system arising in connection with your use of our website or any linked website.
42. From time to time we may host third-party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
43. To the fullest extent permitted by law, in no event will Dumbo Feather, our directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising from any:
(i) errors, mistakes or inaccuracies of content;
(ii) personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of the website, the content, and/or our services;
(iii) any unauthorised access to or use of our system that hosts content and/or our services, except where such unauthorised access to or use of our system is as a result of some negligent, reckless or wilful act or omission by us;
(iv) any interruption or cessation of transmission to or from the website;
(v) any bugs, viruses and/or other malicious code which may be transmitted to or through the website by any third party (except where such transmission is facilitated by some negligent, reckless or wilful act or omission by us); and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the website, whether based on warranty, contract, tort or any other legal theory.
44. To the extent that we cannot lawfully exclude our warranty or any guarantees to you under these terms and conditions, then to the maximum extent permitted by law, we limit our liability to you to the cost of resupplying services to you.
Termination
45. If you breach these terms and conditions, Dumbo Feather may at its sole discretion, issue a warning to you, temporarily suspend your access to the site or permanently prevent your access to all or part of the website.
Indemnity
46. By accessing our website, you agree to indemnify and hold Dumbo Feather, its directors, employees, agents and associated entities harmless from all claims, actions, damages, costs, losses and expenses including legal fees arising from or in connection with your use of our website.
Privacy
47. We take all due care with any information you provide to us when accessing our website. However, we cannot ensure the security of any information which you may provide to us. Information you transmit online to us is entirely at your own risk although we take all reasonable steps to preserve such information in a secure manner.
48. Through your use of our website you provide consents under our privacy policy to allow the collection and use of your personal information. Please view our separate Privacy Policy which can be accessed from our home page.
Interruption to Access
49. There may be times we experience disruptions to our website, such as technical problems or undertaking maintenance causing our website to be offline which may or may not be within our control. Where we schedule maintenance we will use our best endeavours to provide our readers with reasonable notice of any scheduled maintenance. We are not liable to you for any loss or damage (including consequential loss, damage or loss of profits) arising, whether directly or indirectly from any interruption, disruption or failure to access either the whole or part of our website at any time.
Jurisdiction
50. This Agreement is governed by the law applicable in Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia, and waives any right it might have to claim that those courts are an inconvenient forum or for any other basis.
Severability
51. If any term or provision of the Agreement is held to be invalid or unenforceable, it is to be read down so as to be valid or enforceable or, if such reading down is not possible, severed and the remaining terms will not be affected but will be valid and enforced to the fullest extent permitted by law.
Assignment
52. We may assign any rights under these terms and conditions to a third party without your prior written consent.
53. You acknowledge and agree that any rights conferred on you under these terms and conditions are personal to you and cannot be assigned or novated to another party except with Dumbo Feather’s prior written consent.
Definitions
Australian Consumer Law means the Competition and Consumer Act (Cth) 2010.
This was last updated on August 2022.
Dumbo Feather is published by Small Giants Academy. Our HQ is located on the traditional lands of the Boon Wurrung people of the Kulin Nation. We pay our respects to Elders past, present and emerging.
Small Giants Academy
The White House
11 Princes St
St Kilda VIC 3182
info@smallgiants.com.au