TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under AUSTRALIAN LAW and other copyright laws, and is the property of EKOLUV. The collective work includes works that are licensed to EKOLUV. Copyright 2012, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with or to purchase products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by EKOLUV. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of used in the site are trademarks or registered trademarks of EKOLUV.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
EKOLUV shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product is mistakenly listed at an incorrect price, reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
EKOLUV may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to .
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
EKOLUV does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to in its sole discretion.
You agree to indemnify, defend, and hold harmless , its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, may link to sites operated by third parties. However, even if the third party is affiliated with , has no control over these linked sites, all of which have separate privacy and data collection practices, independent of EKOLUV. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
- We are EKOLUV, ABN 47893105469, P.0 BOX 1595, Runaway Bay, Qld, Australia 4216, trading as www.ekoluv.com and its subsidiaries, associates and officers unless otherwise stated.
- These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
- In these Terms and Conditions:
- "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
- "Acknowledgement" means our acknowledgement of your Order by email;
- "Breach of Duty" has the meaning given to it in clause 10.11(b) of these Terms and Conditions;
- "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
- "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 4.9 below;
- "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
- "Customer" means individual who places an Order on the Site;
- "Liability" has the meaning given to it in clause 10.11(a) of these Terms and Conditions;
- "Order" means the order submitted by you to the Site to purchase a Product from us;
- "you" means the Customer who places an Order;
- references to "clauses" are to clauses of these Terms and Conditions;
- headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- references to "includes" or "including" or like words or expressions shall mean without limitation.
- These Terms and Conditions are our copyrighted intellectual property. Use by third parties - even of extracts - for the commercial purposes of offering goods and/or services' is not permitted. Infringements may be subject to legal action.
- Your Status
- To place an order with EKOLUV you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
- These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
- These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
- No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
- How a Contract is formed
- When making an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
- Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency of Australian dollars. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
- You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Your payment will be received by, EKOLUV, ABN , P.O BOX 1595 Runaway Bay, Qld, 4216, Australia, a business registered in Australia (and a business wholly owned by us). Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
- You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
- When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
- Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
- We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
- A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
- If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
- We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
- A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
- You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
- We aim to deliver the Product to you at the place of delivery requested by you in your Order.
- We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 3 working days from the date of any Order within Australia and anywhere from 4-8 weeks depending on country of delivery for international shipping which we accept but we cannot guarantee any firm delivery dates.
- We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
- All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
- You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
- You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
- If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
- If delivery or collection is delayed through your unreasonable
refusal to accept delivery or if you do not (within two weeks of our
first attempt to deliver the Product to you) accept delivery or collect
the Product from the carrier, then we may (without affecting any other
right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above).
- It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
- We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
- We will usually refund any money received from you using the same method originally used by you to pay for the Product.
- Cancellation by Customer (Non-Faulty Product)
- If you wish to cancel your order please contact our Customer Service Team on 1 300 668 345. No cancellation fees apply. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the costumer care department (Please call the above stated number or refer to your return-slip provided in your received parcel).
- Faulty Products
- We warrant that:
- the Product will be delivered undamaged in the quantities ordered; and
- the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.
- The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
- Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
- We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
- In order to provide you with any remedies for a faulty Product,
we may need your assistance and prompt provision of certain information
regarding the Product, including:
- you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
- you providing us with the delivery note number and such other information as we reasonably require.
- If you would like us to repair, replace or provide a refund for
the Product where it did conform to the applicable Contract, and we
find that the Product has:
- been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
- deteriorated through normal wear and tear,
- after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
- We warrant that:
- You may use promotional vouchers and gift vouchers as payment for Products on the Site. Specific details for promotional vouchers are at clause 9.8 and for gift vouchers at clause 9.8.
- To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Site.
- We may email gift and promotional vouchers to you. Subject to clause 11.2, we accept no liability for errors in the email address of the voucher recipient.
- If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
- In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
- We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
- Conditions for the redemption of promotional vouchers:
- From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.
- Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions.
- The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
- If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
- The credit of a promotional voucher does not accrue interest nor does it have a cash value.
- If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
- Conditions for the redemption of gift vouchers:
- You may purchase gift vouchers for use on the Site by you or other Customers. These gift vouchers will be sent by email.
- Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through debit or credit card or Paypal.
- The credit of a gift voucher does not accrue interest nor does it have a cash value.
- An order for a gift voucher can be cancelled by contacting us at firstname.lastname@example.org at any time before the gift voucher has been redeemed. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
- If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
- Please note that only one gift voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).
- For the avoidance of doubt, a reference to a 'gift voucher' in this clause 9 will include any 'courtesy vouchers' given to you by our customer service department.
- Promotions, Competitions and Giveaways
- Participants are limited to one (1) entry into the draw.
- Winners will have 30 days to claim their prize, at which time the prize will be redrawn.
- Entry into a promotion is not open to EKOLUV employees and their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.
- Entry into a promotion is only open to Australian and New Zealand residents. In the event of any dispute about the identity of the winner or an entrant, EKOLUV reserves the right to request the winner's proof of age, identity, residency.
- Incomplete or indecipherable entries will be deemed invalid.
- EKOLUV reserves the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at EKOLUV's discretion.
- If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorized intervention or security concerns, EKOLUV reserves the right in its sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.
- The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- Entrants consent to EKOLUV using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by EKOLUV.
- If for whatever reason the original prize is unavailable, EKOLUV, in its sole discretion, reserves the right to substitute the prize with an offer of equal value.
- Except for any liability that cannot be excluded by law, EKOLUV (including its officers, employees and agents) excludes all
liability (in contract or tort, and including negligence) for any
personal injury, or any loss or damage (whether direct, indirect,
special or consequential) arising in any way out of a promotion,
including but not limited to, where arising out of the following:
- any technical difficulties or equipment malfunction (whether or not within EKOLUV's control);
- any theft, unauthorized access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by EKOLUV);
- any variation in the prize value to that stated in a promotion;
- any tax liability incurred by a winner or entrant; or
- use of the prize(s).
- As a condition of receipt of the prize, the winner must sign any legal documentation as and in the form required by EKOLUV and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
- EKOLUV's decision is final and no correspondence will be entered into.
- Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.
- Prizes, discounts, and vouchers offered in connection with promotions, competitions and give aways run by EKOLUV cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotions).
- The prize (or any part thereof) cannot be sold, the prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.
- EKOLUV collects personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. EKOLUV may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
- Limitation of Liability
- This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
- otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
- This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- Guarantee and complaints management
- We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
- We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
- In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
- Data protection
- Circumstances beyond our control (force majeur clause)
- We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
- Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
- If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
- Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
- Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in AUSTRALIA. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
- Advertising on the Site
- We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
- We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
- No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
- If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
- You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
- Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
- No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
- These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Australian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Australian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- Amendment to the General Business Terms and Conditions
- We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.