WELCOME TO RAPTURE AUSTRALIA.
1. About our Website
(a) Welcome to www.raptureaustralia.com.au (the ‘Website’). The Website provides you with
an opportunity to browse and purchase various products that have been listed for sale
through the Website (the ‘Products’). The Website provides this service by way of granting
you access to the content on the Website (the’ Purchase Services’).
(b) The Website is operated by Rapture Australia(ABN 61151853277). Access to and use of
the Website, or any of its associated Products or Services, is provided by Rapture Australia.
Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to be bound by
the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any
of Services, immediately.
(c) Rapture Australia reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Rapture Australia updates the terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any changes to
the Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Rapture Australia in the user interface.
3. Registration to use the Purchase Services
iv(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself (such as
identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(b) You warrant that any information you give to Rapture Australia in the course of
completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of
the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be
granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Rapture Australia;or
(b) you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries including the country in which you are resident or from which you
use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase
Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or
email address. Use of your password by any other person may result in the immediate
cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly
prohibited. You agree to immediately notify Rapture Australia of any unauthorised use of
your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of
the Website by you for the purposes of Rapture Australia providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic or other means for
the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation
may be removed from the Website without notice and may result in termination of the
Purchase Services. Appropriate legal action will be taken by Rapture Australia for any illegal
or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchase
Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will
agree to the payment of the purchase price listed on the Website for the Product (the
(b) Payment of the Purchase Price may be made through PayPal (the ‘Payment Gateway
Provider’) or credit cards. In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of
(c) Following payment of the Purchase Price being confirmed by Rapture Australia,
you will be issued with a receipt to confirm that the payment has been received and Rapture
Australia may record your purchase details for future use.
(d) Rapture Australia may, at their sole discretion, provide a refund on the return of the
Products within 21 days where the Product packaging is unopened and remains in a
saleable condition. You acknowledge and agree that you are liable for any postage and
shipping costs associated with any refund pursuant to this clause.
(a) Rapture Australia’s Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major failure of
the Product and compensation for any other reasonably foreseeable loss or damage. You
are also entitled to have the Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
(b) You may make a claim under this clause (the ‘Warranty Claim’) for material defects and
workmanship in the Products within 6 months from the date of purchase (the ‘Warranty
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to Rapture Australia showing the date of purchase of the Products, provide a
description of the Products and the price paid for the Products. by sending written notice to
Rapture Australia at PO. Box 381 Hornsby, New South Wales, 1630 or by email at
(d) Where the Warranty Claim is accepted then Rapture Australia will, at its sole discretion,
either repair or replace any defective Products or part thereof with a new or remanufactured
equivalent during the Warranty Period at no charge to you for parts or labour. You
acknowledge and agree that you will be solely liable for any postage or shipping costs
incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Rapture Australia and
shall be the sole and exclusive remedy available to you in addition to other rights and under
a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the
additional excluded items set forth below nor to any supplied Products where the exterior of
which has been damaged or defaced, which has been subjected to misuse, abnormal
service or handling, or which has been altered or modified in design or construction.
(a) You acknowledge that the Purchase Services offered by Rapture Australia integrate
delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘
Delivery Service Providers’ usually Australia Post and Sendle).
(b) In providing the Purchase Services, Rapture Australia may provide you with a variety of
delivery and insurance options offered as part of the Delivery Services by the Delivery
Service Providers. You acknowledge and agree that Rapture Australia is not the provider of
these delivery and insurance options and merely facilitates your interaction with the Delivery
Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services,
Rapture Australia asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim on any
insurance options available; and
(ii) contact us by sending an email to email@example.com outlining in what way the
Products were damaged in transit so we are able to determine if the Delivery Service
Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Rapture Australia
are subject to copyright. The material on the Website is protected by copyright under the
laws of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the site content and compilation of the website (including text,
graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are
owned or controlled for
these purposes, and are reserved by Rapture Australia or its contributors.
(b) Rapture Australia retains all rights, title and interest in and to the Website and all related
content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright of Rapture Australia; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an
adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Rapture Australia and the permission
of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit,
post, distribute, show or play in public, adapt or change in any way the Content or third party
content for any purpose. This prohibition does not extend to materials on the Website, which
are freely available for re-use or are in the public domain.
(a) Rapture Australia takes your privacy seriously and any information provided through
your use of the Website and/or the Purchase Services are subject to Rapture
10. General Disclaimer
(a) You acknowledge that Rapture Australia does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other
than provided for pursuant to these Terms.
(b) Rapture Australia will make every effort to ensure a Product is accurately depicted
on the Website, however, you acknowledge that sizes, colours and packaging may differ
from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly
stated in these Terms are excluded; and
(ii) Rapture Australia will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our failure to
meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late supply of the Purchase
Services), whether at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Rapture
Australia (including the Delivery Services), is at your own risk. Everything on the
Website, the Purchase Services, and the Products of Rapture Australia, are provided to you
on an “as is” and “as available” basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party content providers or
licensors of Rapture Australia including any third party where the Delivery Services are
made available to you) make any express or implied representation or warranty about its
Content or any products or Purchase Services (including the products or Purchase Services
of Rapture Australia) referred to on the Website. This includes (but is not restricted to) loss
or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or other harmful component, loss
of data, communication line failure, unlawful third party conduct, or theft, destruction,
alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase
Service, or any of its Content related products (including third party material and
advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the
(iv) the Content or operation in respect to links which are provided for the User’s
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on
the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication
of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) Rapture Australia’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid the
Purchase Price, then the total liability of Rapture Australia is the resupply of information or
Purchase Services to you.
(b) You expressly understand and agree that Rapture Australia, its affiliates, employees,
agents, contributors, third party content providers and licensors shall not be liable to you for
any direct, indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill
or business reputation
and any other intangible loss.
(c) Rapture Australia is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in connection with
the Purchase Services, whether posted or caused by users of the website of Rapture
Australia, by third parties or by any of the Purchase Services offered by Rapture Australia.
(d) You acknowledge that Rapture Australia does not provide the Delivery Services to
you and you agree that Rapture Australia will not be liable to you for any special,
indirect or consequential loss or damage, loss of profit or opportunity, or damage
to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Rapture
Australia as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Rapture Australia at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where Rapture
Australia has made this option available to you.
(c) Your notice should be sent, in writing, to Rapture Australia via the ‘Contact Us’ link
on our homepage.
(d) Rapture Australia may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Rapture Australia is required to do so by law;
(iii) the partner with whom Rapture Australia offered the Purchase Services to you has
terminated its relationship with Rapture Australia or ceased to offer the Purchase Services to
(iv) Rapture Australia is transitioning to no longer providing the Purchase Services to Users
in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by Rapture Australia is, in the opinion of
Rapture Australia, no longer commercially viable.
(e) Subject to local applicable laws, Rapture Australia reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Purchase Services without
notice if you breach any provision of the Terms or any applicable law or if your conduct
impacts Rapture Australia’s name or reputation or violates the rights of those of another
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and Rapture Australia have benefited from, been subject to (or which have accrued over
time whilst the Terms have been in force) or which are expressed to continue indefinitely,
shall be unaffected by this cessation, and the provisions of this clause shall continue to apply
to such rights, obligations and liabilities indefinitely.
(a) You agree to indemnify Rapture Australia, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(iii) any breach of the Terms.
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome and
the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’)
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously
by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not
been resolved, the Parties must either agree upon selection of a mediator or request that an
appropriate mediator be appointed by the President of the Australian Centre for International
Commercial Arbitration (ACICA) or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and
the cost of the venue of the mediation and without limiting the foregoing undertake to pay
any amounts requested by the mediator as a pre-condition to the mediation commencing.
The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as “without prejudice” negotiations for the purpose of applicable laws of
(e) Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
15. Venue and Jurisdiction
(a) The Purchase Services offered by Rapture Australia is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
16. Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of New South Wales Australia,
without reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to
the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of
inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.