Terms and Conditions

Website Terms of use

Definitions
1. In these terms:
  1. The Site means websites, sub-domains, social media platforms that are any combination of owned, administered or controlled by The Trustee for Trend Trust t/a Cheeky Downunder ABN: 63 823 747 590.
  2. "Cheeky Downunder", "our", "us" or "we" means The Site.
  3. GST has the meaning it has in the "A New Tax System (Goods and Services Tax) Act 1999 (Cwlth)".
  4. Liabilities means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
  5. Login ID means the email address that you provided to The Site as part of the registration process to use The Site.
  6. Product means each good or service that is advertised on The Site including it's plural Products and/or Services.
  7. The Cheeky Downunder Terms of Business jointly with these Website Terms and Conditions form the full Terms and Conditions of trade with and use of The Site.
  8. Bold, Italic, Underlined, text that is highlighted and/or different to normal text has no additional meaning other than for ease of reading.
General
1. The Site is a shopping and marketing website where you can browse, select and order Product advertised.
2. Please read these terms and conditions before accessing or using The Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using The Site.
3. Your access to, and use of The Site, including your order of Product and your input through The Site, is subject to these terms and conditions.
Disclaimer
1. The information contained in The Site is provided in good faith on an "as is" basis. The Site does not represent or warrant to the reliability, accuracy or completeness of the information contained on The Site. To the extent permitted by law, The Site is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in The Site. However, The Site will endeavour to correct any inaccuracies on The Site once The Site becomes aware of them.
2. Illustrations and photos contained in The Site are sample representation of the Product advertised, and variations may occur from time to time and from store to store.
Links
1. The Site may contain links to external websites that are not operated by The Site or our related bodies corporate. The Site does not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
  1. we make no representations or warranties, or have any responsibility or liability for those websites;
  2. these links do not indicate, expressly or impliedly, that we endorse the site or the Product or services that are provided at those sites; and
  3. you access and use the Product and services made available at those sites solely at your own risk.
Intellectual Property
1. You:
  1. acknowledge that the copyright in The Site, the software, design, text and graphics comprised in The Site, the selection and layout of The Site and the content and materials on The Site (together, the “Materials”) are owned by or licensed to The Site; and
  2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
  3. must not frame or embed in another website any of the material appearing on The Site without our prior written consent.
2. You may:
  1. store a reproduction of the content on The Site on your local computer for the sole purpose of viewing the content and Materials; and
  2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Product but not for any other use, including commercial use.
3. The Site contains registered trademarks and other trade marks which are protected by law. You must not use any of the marks or trademarks appearing on The Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, Product and services marks on The Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
Viruses
1. The Site does not claim that any information (including any files) obtained from or through The Site is free from viruses or other faults or defects.
2. You are responsible for scanning any information for viruses.
3. You agree that The Site has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4. If The Site is found to be liable this will be limited to the cost of supplying the information again.
Compliance with these Terms and Conditions
1. You agree to be bound by, and comply with, these terms and conditions by:
  1. using The Site;
  2. completing your registration through The Site;
  3. obtaining or ordering Product from The Site.
Changes to these Terms and Conditions
1. If you have an order that has been accepted by The Site, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by The Site.
2. Subject to point 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use The Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
Registration
1. You may complete the customer registration process through The Site before placing an order for Product through The Site. Any personal information that you give The Site will be held and used by The Site in accordance with our Privacy Policy contained on The Site.
2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through The Site.
3. If you choose to use a workplace email address for your account or to access The Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
Placing an Order for Product
1. You may order Product by selecting and submitting your order through The Site in accordance with these terms and conditions.
2. Any order placed through The Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3. We may ask you to provide additional details or require you to confirm your details to enable The Site to process any orders placed through The Site.
4. You agree to provide The Site with current, complete and accurate details when asked to do so by The Site.
Acceptance or Rejection of an Order
1. We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the Product description posted on The Site or in your order.
2. Each order placed for Product through The Site that we accept results in a separate binding agreement between you and The Site for the supply of those Product. For each order accepted by The Site, we will supply the Product in that order to you in accordance with these terms and conditions.
3. If we reject an order placed through The Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Cancelling an Order by Us
1. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
  1. the requested Product in that order are not available; or
  2. there is an error in the price or the Product description posted on The Site in relation to the relevant Product in that order; or
  3. that order has been placed in breach of these terms and conditions.
2. If we cancel your order, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
Cancelling an Order by You
1. Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to The Site for that cancellation.
2. If you do cancel an order, then you must provide The Site notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by The Site.
Delivery of Product and Timeframes
1. Australian Orders
  1. Delivery of Product is by third party couriers, freight providers or Australia Post and is therefore out of the direct control of The Site once the Product has been dispatched from our warehouse.
  2. The Site will only use providers that utilise tracking services.
  3. Any timeframe that has been quoted by The Site is a guide based on prior experience only.
  4. Customers need to allow up to (10) ten business days for delivery of your Product before we can submit an enquiry with the delivery provider.
2. International Orders
  1. We do not quote timeframes for International orders. Please contact us for options.
  2. Some countries do not offer tracking within their own country or is not linked to the carriers system and therefore we cannot guarantee that your tracking number provided if any, will fullfil the complete journey.
  3. Any duties, taxes or fees required to be paid to the receiving country are at the buyers expense and are not included in the cost of the purchase from The Site. The buyer will need to pay these costs directly to the issuer requesting these costs and we cannot calculate what these costs may be at the time of purchase or dispatch.
3. You agree by placing an order that once we have a single tracking event from the carrier to prove that we have dispatched the item/s, the liability of the costs changes to the customer, including any losses or damages that may occur within the delivery. Please contact us if you have any concerns and we will do our best effort to assist in these cases.
4. Our Delivery Policy also forms part of The Site Terms and Conditions.
5. If no one is available to accept the delivery at the delivery address, the delivery may be left in a safe place or an advice card with information regarding the delivery may be left and the parcel re-directed to the nearest courier depot or an Australia Post branch within the couriers zone. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
Prices, Fees and Charges
1. The prices of Product and delivery and other charges displayed on The Site are current at the time of issue, however, The Site reserves the right to change prices at any time before we accept an order from you.
2. All prices shown on The Site are in Australian Dollars (AUD).
3. We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
  1. the purchase price of each Product that is ordered; and
  2. the delivery fee for delivering the Product to you; and
  3. any other fees and charges set out in these terms and conditions.
4. All fees and charges identified in these terms and conditions and all prices for the Product as shown on The Site are inclusive of GST (unless otherwise indicated).
  1. The purchase price of each Product is shown on the Product page on The Site at the time you place your order. The purchase price of a Product on The Site may not be the same or correspond to the prices in any of our stores for the same Product.
  2. You acknowledge that we are not required or obliged to match any prices for any Product, including matching any prices for a Product that is available through The Site at our store or vice versa.
5. Delivery fees are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
6. You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above or on The Site) for:
  1. special, non-stock and/or bespoke items;
  2. heavy, bulky and/or awkward items;
  3. express or urgent deliveries; or
  4. bulk or large quantity orders.
User Accounts, User Content and Your Obligations
1. You covenant and warrant that:
  1. all information and data provided by you to The Site through The Site including as part of the customer registration process or any other data gathering process such as competition entries, reviews, feedback or otherwise is true, accurate, complete and up to date;
  2. the person receiving the Product at the Delivery Address is authorised by you to do so;
  3. you have and will comply with all relevant laws relating to your use of The Site and your placement of any order to The Site;
  4. you will ensure that your LoginID and password that is used to access The Site and the details of your account is kept in a safe and secure manner;
  5. you will promptly notify The Site if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
  6. you will promptly advise The Site of any changes to your information provided to The Site as part of the customer registration process;
  7. you are not permitted to use any User Account belonging to any other account holder other than yourself;
  8. you do not have ownership over the User Account and agree that we have the absolute right to modify, control and manage the User Account, including the deletion or modification of data on the account including any history associated with the User Account;
  9. you are responsible for any costs associated with your access to or use of The Site, including Internet access fees;
  10. you are responsible and liable for any person that uses your LoginID and password to order Product through The Site;
  11. you agree that we may charge you for all Product that we agree to supply to you that have been ordered using your LoginID and password through The Site;
  12. you will check the labels on the Product before consumption or use;
  13. any or all of the information provided by you may be used for any purpose in accordance with the Privacy Policy and applicable laws in your jurisdiction;
  14. you will not:
    1. use The Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
    2. use The Site in a manner or way, or post to or transmit to or via The Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying The Site;
    3. make fraudulent or speculative enquiries, purchases or requests through The Site;
    4. use another person’s details without their permission or impersonate another person when using The Site;
    5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
    6. tamper with or hinder the operation of The Site;
    7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to The Site;
    8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of The Site;
    9. modify, adapt, translate or reverse engineer any portion of The Site;
    10. remove any copyright, trade mark or other proprietary rights notices contained in or on The Site;
    11. reformat or frame any portion of the web pages that are part of The Site;
    12. create accounts by automated means or under false or fraudulent pretences;
    13. use The Site to violate the security of any computer or other network or engage in illegal conduct;
    14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
    15. use The Site other than in accordance with these terms and conditions; or
    16. attempt any of the above acts or engage or permit another person to do any of the above acts.
2. User Content
  1. You agree that we are permitted to use any content submitted by you or any publicly available content, including photographs, comments, ideas, video or audio clips, tags, reviews or other submissions created by you in connection with your use of The Site (such as content including a purchase made on The Site) ("User Content"); and
  2. You agree that any User Content must comply with all applicable laws.
  3. You agree that you cannot use, create, generate or release User Content to, or in a way that will:
    1. Infringe on any intellectual property rights of any person, promote any illegal activity or violate the legal rights of others; or
    2. Harass, intimidate, embarrass, annoy, inconvenience, harm, defame, impersonate, discriminate or deceive any other persons or groups.
  4. We reserve the right, at our sole discretion, to refuse to publish or to remove any User Content. We may also take action against User Content if it violates these Terms or if it could potentially expose The Site to liability.
Warranty and Liability
1. The Site accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
  1. in the case of services, resupply of the services or pay you the cost of resupply; and
  2. in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
2. Where we are permitted by law:
  1. we do not warrant or represent the suitability of The Site or a Product for any purpose; and
  2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to The Site or the Product.
3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Returns
1. Our Guarantee and Refunds page also forms a part of these Terms and Conditions.
2. Unless you notify The Site to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of the order date of any Product and such notification is confirmed in writing within seven (7) days of its receipt by The Site, the Product shall be deemed to have been accepted by you.
3. The Site will accept Product returns and provide you with (at The Site discretion) a replacement for the Product (subject to availability) an exchange voucher, refund or repair where:
  1. The Product delivered is faulty or is not of merchantable quality; or
  2. The Product delivered is not fit for its intended purpose; or
  3. The Product delivered does not match the description on The Site.
4. If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on The Site or covered under a warranty from the manufacturer, then please contact us and one of our Customer Service Team will assist with your request. To enable The Site to evaluate your return request, please provide us with:
  1. the Order number, invoice number or receipt number; and
  2. a detailed description of the problem or the reason for your request to the return the Product; and
  3. photograph(s) of the Product that is damaged during transportation; and
  4. your name and contact details.
5. We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
6. Once you have read and agreed to all of the above, head to the request for return page to complete the form and send us the required information.
Termination and/or Suspension of Account
1. We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of The Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions and:
  1. the breach cannot be remedied; or
  2. you fail to remedy the breach within 10 days of our notice to you of that breach; or
  3. if there is an emergency.
2. You may stop using The Site at any time and for any reason.
3. We may stop making The Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Product that have been ordered are no longer available or we are prevented from supplying the Product, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
Do-It-Yourself and How-To Content
1. You acknowledge that the video clips and photographs contained in The Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
2. You agree not to attempt to replicate any activities shown on The Site unless you have:
  1. checked the service information and specification for the specific Product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in The Site;
  2. obtained advice from the relevant qualified experts, tradespeople and/or professionals;
  3. complied with all applicable laws, regulations and by-laws; and
  4. employed safe practices for carrying out the activities.
3. The film and text transcript in this website are intended to be an information source only. The Site makes no statements, representations or warranties about the accuracy or completeness of the films.
4. Subject to applicable laws, The Site does not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this website and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
5. The films in this website may be used or reproduced in whole for non-commercial and/or personal use provided that any reproduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this website is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
General Provisions
1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
2. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Privacy Policy and Your Personal Information
1. Refer to the Privacy Policy page, which form a part of these terms and conditions.
Promotions, Giveaways, Bonuses
1. Want $10 Back Promotion
  1. The site will refund $10 from the sale of Two Ants gear to a customer when a customer leaves a review and a clear picture of the Two Ants gear being used by the customer.
  2. The offer is only available once per customer and the customer needs to have purchased directly from the Site and not through a reseller or from a gift.
  3. The customer will be required to enter their details and the invoice number for the item that was purchased.
  4. The customer gives the site permission to use the review and picture within their sites.
  5. The site may or may not use the users content and it will be decided by the site if the user content will even be used.

Terms and Conditions

CONTACT US

The information below is required for social login

Sign In

Create New Account

Forgot Password