Effective
Date: 13/09/2018
These terms and conditions (hereinafter
“Terms”) govern Your use of the following website (which is
hereinafter referred to as “the Product”) and Services provided
therein: www.eiz.com.au
The Product is owned and operated by EIZ PTY LTD
(ACN 623 320 258)
These Terms constitute a binding contract
between You and EIZ PTY LTD (ACN 623 320 258)
In connection with Your use of the Product, we
may also provide You with access to various other content, documentation,
materials, information, goods or services. In these Terms, we refer to all of
these items collectively as “the Items”.
These Terms will govern Your use of all pages of
the Product, as well as Your use of the Items.
If You continue to use the Product, You
acknowledge that You have been given the chance to review the Terms. You
acknowledge that You understand the Terms and that You agree to be bound by the
Terms.
If You do not understand
the Terms, if You do not agree to be bound by the Terms, or if You need more
time to review and consider the Terms, then You must stop using the Product
immediately.
1. DEFINITIONS
“Company
IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product,
Content and Materials as well as all copyrights, trademarks, trade secrets,
patents and other intellectual property contained in the Product, Content and
Materials.
“Content”
means any content, writing, images, audiovisual content or other
information published on the Product.
“Contract” means these terms and conditions.
“Contractor” shall mean and include any third party (other than Us) with
whom We contract to supply the Goods or Services or that performs the Services.
“Dispute”
means any dispute, controversy or claim arising out of or in
relation to these Terms, Product, Goods or Services referred therein including
any dispute, controversy or claim relating to the existence, validity or
termination of these Terms.
“Effective
Date” means the date that these Terms come into force.
“Goods” means any or all
goods provided by or on the Product.
“Identifying
Information” means information provided by You when
registering to use the Items, including but not limited to Your name and email
address, a user name and a password.
“Items”
means any and all of the Product, Goods, Services, Transport,
Content and Materials collectively.
“Materials”
means any materials, information or documentation that We may
provide to You in connection with Your use of the Goods or Services or Product
including documentation, data, information developed by Us or owned by Us, and
other materials which may assist in Your use of Goods or Services or Product.
“Parties”
means both You (the user of the Product) and Us (the owner of the
Product) collectively.
“PDS” means policy disclosure
statement.
“Product”
means the website including all pages, all sub pages,
all blogs, all forums, all other connected pages and all other connected
internet content whatsoever, the home page or main page of which is located at:
www.eiz.com.au
“Services”
means any or all services provided by or on the Product.
“Terms” means these terms
and conditions.
“Third
Party Goods and Services” means Goods and/or Services sold by third
parties via the Product or via Third Party Links.
“Third
Party Links” means links or references to websites or
applications other than the Product, to content other than the Content or to
materials other than the Materials, none of which are controlled by Us.
“Transit”
means as it is defined in the PDS.
“Transport”
means the carriage of the Goods and any
services incidental to such carriage.
“Us”,
“We”, “Our”, “the Company” or
“the Owner” refers to EIZ
PTY LTD
“Us”,
“We”, “Our”, “the Company” or
“the Owner” also includes
any employees, affiliates, agents or other representatives of EIZ PTY LTD
“You” or “Your” refers to
the user of the Product.
“Your
Content” means any Content posted to or added to the Product, Content or
Materials by You or by somebody authorised by You or
doing so on Your behalf.
2.
INTERPRETATION
In these Terms, unless the context otherwise requires,
the following rules of interpretation shall apply:
a. Words
referring to one gender include every other gender.
b.
Words referring to a singular number include the
plural, and words referring to a plural include the singular.
c.
Words referring to a person or persons includes
companies, firms, corporations, organisations and
vice versa.
d.
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3. YOUR REPRESENTATIONS/WARRANTIES
a.
By using the Product and the Items, You warrant
and acknowledge that You have had the chance to review and consider the Terms,
that You understand the Terms and that You agree to be bound by the Terms. If
You do not understand the Terms or do not agree to be bound by them then you
must stop using the Items immediately. We only agree to provide use of the
Items to You if You agree to these Terms.
b.
By using the Product and the Items You represent
and warrant to Us that You have legal capacity to enter these Terms.
c. By using
the Product and the Items You represent and warrant to Us that You have
complied with all of these Terms.
d. Should you wish to Transport Your Goods purchased, You warrant that
You are the owner of the Goods or otherwise have the authority of the owner or
person having an interest in the Goods or any part thereof to agree to these
terms and conditions and consign the Goods for Transport upon and subject to
these conditions.
e.
You warrant the adequacy of
packing, stowing and suitability of the Goods for the Services contracted and
accuracy of all markings and brandings of the Goods, descriptions, values,
weights, sizes and other particulars furnished to Us for the purchase of the
Goods or Services, including Transport, customs, consular and any other
purposes and You undertake to indemnify Us against all loss, damage, expenses
and fines arising from any inadequacy, unsuitability, inaccuracy or omission in
this respect.
f.
You warrant that the
performance of any Service provided or arranged by Us to effect
Your instructions in respect of the Goods shall not be in breach of any law.
4.
LICENCE TO USE PRODUCT, CONTENT AND MATERIALS
a.
We may provide You with certain other Items in
connection with Your use of the Product.
b.
Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in
connection with Your use of the Items. The licence
created under these Terms is nonexclusive, limited, non-transferable, worldwide
and revocable.
c.
You may not use the Product, Content or
Materials for any purpose other than in accordance with the licence
that is provided under this clause, and this licence
to use the Product, Content and Materials terminates upon Your cessation of use
of the Items or upon termination of this Contract.
5.
GOODS & SERVICES/AGENCY/CONTRACTORS
a.
The Product provides you the opportunity to buy
Goods or Services from Us or from Third Parties subject to these terms and
conditions, including specific exclusions and limitations of liability as set
out in the provision below.
b.
In respect of Your purchase of Goods or Services
on the Product from third parties, We act as Your agent only in arranging such
purchase. As your agent, You hereby employ and authorise Us to
contract in either Our own name or Your name with any Contractor for the supply
of such Goods or Services, and authorise any
Contractor to subcontract the supply of Goods or Services to any other
Contractor pursuant to, or ancillary to, this contract. Any such contract may be made on any terms of
contract whatsoever used by the Contractor for such Service(s) including in
every case terms which may limit or exclude liability in respect of the Services.
In any event, We shall be entitled to the full benefits of all privileges,
right and immunities available to any Contractor under such contract or
compulsorily applicable law in respect of the Services provided. Any Contractor’s terms apply to the Services
and are available from the Company on request.
c.
No person has Our authority to waive or vary
these conditions and We reserve the right to refuse at our sole discretion the
arranging or supply of any of the Services for any customer whether before,
during or after the Service has commenced.
Accordingly, in respect of Transport services, we are not a common
carrier and accept no liability as such.
d.
You authorize the right of the Contractor to
open and/or inspect all Goods at its discretion and at Your expense.
6. EXCLUSION
AND LIMITATION OF LIABILITY
a. The
Product, Content and Materials are provided for general information only and
may change at any time without prior notice.
b. You
accept and acknowledge that the Items may contain mistakes, errors and
inaccuracies.
c.
Your use of the Product, Content and Materials
is entirely at Your risk. It is Your responsibility to make sure that any
Goods, Services, Transport, Materials, Content or other information available
through the Product suits Your particular purpose.either
We, nor any Contractors, provide any guarantees or warranties regarding the
accuracy, completeness, performance, reliability, timeliness, quality,
merchantability, safety, legality or suitability for a particular purpose of
the Items.
d.
To the maximum extent permitted by law, We
exclude all warranties, guarantees, representations or terms (whether express
or implied) except for those expressly set out in these Terms.
e.
To the maximum extent permitted by law, We
exclude any liability in relation to the accuracy, completeness, performance,
reliability, timeliness, quality, merchantability, safety, legality or
suitability for a particular purpose of the Items.
f. To the
maximum extent permitted by law, We exclude any liability in relation to loss
of data, interruption to Your business or any damages which are incidental to
or arise from such loss of data or interruption to business.
g. To the
maximum extent permitted by law, We will not be liable for any damage, loss,
cost or expense howsoever caused, arising or incurred by You in connection with
Your use of the Items, whether
i.
arising from an authorized or unauthorized act
or contemplated or uncontemplated act under this Contract;
ii.
caused by the negligence and/or
recklessness and/or wilful misconduct of the Company’s servants, employees, agents, Contractors
or otherwise;
iii.
a breach or fundamental breach
of contract;
iv.
resulting from, or attributable
to, any quotation, statement, representation or information, oral or written,
made or given on behalf of Us or our servants, agents, employees or Contractors
as to the classification of, liability for, amount, scale or rate of customs
duty, excise duty or other impost or tax applicable to any goods subject of any
Service.
h. Where
we arrange for You the purchase of Goods and/or Services from a Contractor via
the Product or via Third Party Links (hereinafter “Third Party Goods and
Services”):
i.
You acknowledge and agree
that We have no control over those Third Party Goods and Services and that You
purchase such Third Party Goods and Services at Your own risk.
ii.
You acknowledge and agree that We assume no
liability and provide no warranties or guarantees regarding the accuracy,
completeness, performance, reliability, timeliness, quality, merchantability,
safety, legality or suitability for a particular purpose of Third Party Goods
and Services.
iii.
For any claim You may have
against the Contractor or other third party provider of the Third Party Goods
and Services (such as the manufacturer or vendor) You agree to pursue that
claim directly with that Contractor or third party provider of the Third Party
Goods and Services and not with Us.
i.
To the
maximum extent permitted by law, You hereby release Us from any claim related
to Third Party Goods and Services including any and all warranty and product
liability claims.
i. In all cases where liability cannot be excluded by this agreement
because of mandatory applicable statute, convention or law, Our liability is
limited to the lesser of AUD$100.00 or the value of the Goods the subject of
the agreement at the time the Goods were received by Us or the Contractor.
j. In all cases where liability cannot be excluded or limited by this
agreement for breach of any condition or warranty in respect of the Goods or
Services pursuant to statute or otherwise, Our liability is limited to any one
or more of the following as determined by the Company at its absolute
discretion:
i. in the case of Goods:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired
ii. in the case of Services:
(a) providing supply of the Services again; or
(b) payment of the cost of having the Services supplied again.
k. Without limiting the generality of the
foregoing, We shall in no circumstances be liable for loss or damage other than
to the Goods, including indirect or consequential loss or damage arising from
the Goods or Services purchased including loss of market, loss of profit or
loss of contracts howsoever caused. The
rights, immunities, defences and limits provided for
in these conditions shall apply in any action against Us for loss or damage
whether the action be found in contract, bailment, tort, statute or otherwise
notwithstanding any breach of the contract or condition hereof by the Company.
l. No declaration of value will be made for the purpose of extending
liability and the Goods will be forwarded or dealt with at Your or owner’s risk
unless express written instructions to the contrary are given by You and
accepted in writing by Us and extra charges paid if required by Us.
m. It is hereby agreed between the Parties that Your right to
compensation for any claim for loss or damage will only be maintained subject
to these terms and conditions and provided the following is strictly adhered
to:
i. Any claim for loss or damage must be lodged in writing to Us within 7 days of delivery of the Goods or the date Services are completed, whichever date occurs first;
ii. Any claim for loss/non-delivery of Goods must be notified in writing to Us within 60 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first;
iii. Any right to any legal remedy against Us shall be extinguished unless legal proceedings are brought against Us in the state of Victoria and not otherwise within 9 months from the date of this contract or the date the Services were completed or Goods delivered, or the date the Services should have been completed or the Goods should have been delivered, whichever date occurs first.
7. INSURANCE
i.
A$0.50 plus GST if applicable for Goods of declared value up to A$200
ii.
A$0.60 plus GST if applicable for Goods of declared value between A$200
and $500.
iii.
A$0.75 plus GST if applicable for Goods of declared value between A$500
and A$1000.
iv.
A$100 plus GST if applicable for Goods of declared value between A$1,000
to A$2000.
v.
O.5% of the declared value of the Goods plus GST if applicable for Goods
of declared value between A$2000 and A$20,000.
8. INDEMNITY
a. You shall indemnify Us in respect of any
claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost or
other liability incurred by Us:
i.
howsoever
caused or incurred, whether arising directly or indirectly from any Service
arranged or performed by Us or a Contractor and/or
ii.
as a
result of any breach of the terms, conditions or warranties in this contract by
You.
b. Without limiting the generality of the foregoing, You shall remain responsible to Us for all charges (C.O.D. or otherwise) paid by Us to any of our agents, Contractors or any other party or authority.
c. You shall indemnify Us in respect of any loss or damage arising from any inherent defect, quality or vice of the Goods.
9. QUOTATIONS
Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at Our discretion. Charges and prices quoted by Us are estimates only. These may change depending on the accuracy of the information provided by You and/or on any additional service or charges/fees incurred to arrange or perform the Service as will be advised by Us to You and will be payable by You. Goods will be weighed/measured to determine the chargeable weight or size on receipt from You, Your agent or supplier. If this weight or size is more than that amount originally charged to You, You will be recharged based on the correct weight or size for which You will be liable.
10. ROUTES & PROCEDURES
If We are instructed by You and agree to use a particular method or type of Service, We and the Contractor(s) shall give due consideration to the method or type designated but shall at all times have the right to choose or vary such method or type of Service or route and procedure adopted in respect of the Service performed. You hereby authorise Us or the Contractor(s) to substitute alternate carriers, Contractors or Service providers without notice to You.
11. RESPONSIBILITY FOR FEES/CHARGES
a. You shall pay us for all fees rendered and any charges We incur for any reason in respect of the Services performed. This includes the payment of fees/charges which We advised or agree will be paid by a third party which then fails to so pay. Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from the consignor’s premises, otherwise delivered by You to Us or the Contractor or on receipt of Our invoice whichever occurs first. Fees and charges shall be payable in accordance with the terms stated in Our invoice or if not stated, will be payable on delivery. All fees and charges are non-refundable.
b. You agree that You shall not defer or withhold payment or deduct any amount from Our account by reason of any claim You allege against Us.
c. You shall pay Us interest as liquidated damages at the Westpac Trading Bank overdraft rate plus 5% on overdue fees or charges invoiced.
12. DELIVERY
a. You
authorize Us to arrange for the delivery of the Goods to You or consignee or
its agent at the address nominated by You or your agent. You expressly agree that the Goods shall be
deemed to have been delivered in accordance with this contract if the relevant
Contractor obtains a receipt, signed delivery docket for the Goods or signature
on its consignment note or other delivery document from any person at that
address.
b. If the nominated place of delivery shall be unattended or if
delivery cannot otherwise be effected, the Contractor or We can each determine
in our sole discretion at our option either to deposit the Goods at the
nominated place or store the Goods at Your risk and expense, both of which will
be deemed to be delivery of the Goods under this Contract.
c. Dates and times specified or requested for completion of carriage or
any other Service are estimates only and We, our employees, agents and/or
Contractors shall not be liable for failure to complete carriage or any other
Service on such date(s) or time(s) .
d.
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i.
Goods which in Our opinion or that of the
Contractor cannot be delivered by reason of the Goods being insufficiently or
incorrectly addressed or by reason of the Goods not being collected or accepted
by the consignee or for any other reason, and
ii.
any perishable goods which in Our opinion or that
of the Contractor appear to be deteriorating, if You fail to adequately
instruct Us or the Contractor with respect thereto or fail to pay any costs and
expenses necessary to implement Your instructions.
b. If the Goods are sold pursuant to Clause (a) above, We can use the
proceeds of sale to discharge any fees and charges owed by You, including the
costs of sale. Any balance of any
proceeds remaining following such discharge will be remitted to You.
a. You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth)(“CCA”), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
b. Specifically, these Terms do not affect Your rights pursuant to Schedule 2 of the CCA if You are a “Consumer” or “Small Business” and this agreement with You is a “Consumer Contract” or “Small Business Contract” – all quoted terms as defined under the CCA. To the extent that any term or a part thereof is rendered inapplicable or void by the CCA or any other legislation, it shall be rendered inapplicable or void only to the extent required to give effect to that legislation but not further.
c.
If the Customer is a “Consumer” or “Small
Business” and this agreement is a “Consumer Contract” or “Small Business
Contract” as defined under the CCA, the parties agree that:
i.
the prevention of claims and indemnity referred
in Clause 5(e) above as against the Company’s servants, agents, Contractors
and/or vicariously liable persons will not apply;
ii.
the Company’s rights to exclude, limit and/or
otherwise restrict its liability in Clause 6 above are based on a low cost rate
service and that if the Customer wishes the Company to accept greater
liability, it can negotiate in writing with the Company for same at an agreed
greater cost rate;
iii.
the Customer’s indemnity referred under Clause 8(a)(i) above will not apply to the extent that the claim, loss,
damage, payment, fine, expense, duty, tax, impost, outlay, cost or other
liability incurred by the Company resulted from the negligence, recklessness or
wilful act of the Company, its servants or agents.
Where We or the Contractor are unable to carry out any obligation under the contract or any loss or damage is caused to the Goods or otherwise due to any circumstance, matter or thing beyond Our or the Contractor’s reasonable control (“force majeure”) or its exercise of reasonable care, We and the Contractor shall be excused and released from such obligations or liability to the extent of such prevention, restriction or interference so caused.
16.
TERMINATION
a. We may
immediately terminate these Terms at any time, with or without cause.
b. We
specifically reserve the right to terminate these Terms if You breach these
Terms in any way.
c. These
Terms terminate automatically if we cease to operate the Product for any reason.
d. If You
have registered for an account with Us, You may terminate these Terms at any
time by contacting Us and requesting termination.
e. At the
termination of these Terms, any provisions which would by their nature be
expected to survive termination shall remain in full force and effect,
including but not limited to Our exclusions and limitations of liability as
outlined in the “Exclusions and Limitations of Liability” clause.
11. ACCEPTABLE USE
a. You
agree not to use the Product or the Items for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Product or the
Items in any way that could damage the Product, the Items, or Our general
business.
b. You further agree not to
use the Product or the Items:
i.
to harass, abuse, or threaten any other person
or to otherwise violate any other person’s legal rights;
ii. to violate any intellectual property rights of Us or of
any third party;
iii. to
upload or otherwise disseminate any computer viruses or other software that may
damage the property of another;
iv. to
commit any kind of fraud;
v. to engage in or create any unlawful gambling,
sweepstakes or pyramid schemes;
vi. to
publish or distribute any obscene or defamatory material;
vii. to
publish or distribute any material that incites violence, hatred or
discrimination towards any person, group or community;
viii.
to unlawfully gather information about others.
c. Unauthorised use by
You of the Items may be a criminal offence and may give rise to a claim for
damages.
12.
VARIATION OF TERMS
a.
You hereby acknowledge and agree that these
Terms may be varied or amended from time to time in Our sole discretion. If You
continue to use the Product following any such variation or amendment You will
be deemed to have confirmed and agreed to the new Terms as varied or amended.
b.
You agree to routinely monitor these Terms and
to refer to the Effective Date posted at the top of these Terms in order to
monitor any modifications or variations. You further agree to clear Your cache
when doing so in order to avoid accessing a prior version of these Terms.
c.
In the event that You fail to monitor any
modifications to or variations of these Terms, You agree that such failure
shall be considered an affirmative waiver of Your right to review the modified
or varied Terms.
13.
THIRD PARTY LINKS
a.
You hereby acknowledge that We may from time to
time include links or references to other websites, other content or other
materials (hereinafter “Third Party Links”), none of which are
controlled by Us.
b.
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c.
We do not make any representations, warranties
or guarantees as to the accuracy, completeness, performance, reliability,
timeliness, quality or suitability for a particular purpose of these Third
Party Links. We do not endorse, approve or support these Third Party Links. You
use the Third Party Links at Your own risk and We have no liability in respect
of any loss or damage caused from Your use.
14.
AFFILIATE MARKETING AND ADVERTISING
a. Through
the Product and other Items, We may engage in affiliate marketing whereby We
receive a commission on or a percentage of proceeds of sales of Third Party
Goods and Services that occur through Our Product and other Items.
b. Through
the Product and other Items, We may accept advertising and sponsorships from
commercial businesses whereby third parties pay us to advertise on the Product
or through Our other Items, or we may receive other forms of advertising
compensation.
15.
CHANGES TO PRODUCT
a.
You acknowledge and agree that We may, in Our
sole discretion, vary, alter, amend, change or update the Content, Materials or
the Product at any time.
b.
You acknowledge, agree and accept that the
Product may be unavailable from time to time (whether it is unavailable due to
maintenance or for any other reason).
c.
You acknowledge, agree and accept that We take
no responsibility for, and to the maximum extent permitted by law we shall not
be liable in any way for the Items being temporarily unavailable, whether due
to reasons within our control or not.
16.
INTELLECTUAL PROPERTY
a. The Items contain intellectual property that is owned by
Us and/or that is licensed to Us. This includes, but is not limited to, the
contents, layout, design, colours, appearance,
graphics and imagery of the Product, Content, Materials and Goods as well as
all copyrights, trademarks, trade secrets, patents and other intellectual
property contained in the Items (hereinafter “Company IP”).
b. You
hereby acknowledge and agree that, as between Us and You, We own all
intellectual property rights in the Items and that nothing in these Terms
amounts to a transfer of any intellectual property rights from Us to You.
c. You
hereby acknowledge and agree not to use the Company IP for any unlawful or
infringing purpose.
d. You
hereby acknowledge and agree not to reproduce or distribute the Company IP in
any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs) without express
written permission from Us.
e.
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17.
USER REGISTRATION
a.
You may be asked to register with Us in order to
use or access the Items.
b.
If You register with Us, You may be asked to
provide personal details such as Your name and email address, as well as
choosing a user name and a password (“Identifying Information”). This
Identifying Information will allow You to access the Items.
c.
You acknowledge that You are responsible for
ensuring the accuracy of any Identifying Information You provide as part of the
registration process.
d.
You agree that You will not share your
Identifying Information with any third party and if You discover that Your
Identifying Information has been compromised, You agree to notify Us
immediately in writing.
e.
You acknowledge that You are responsible for
maintaining the safety and security of Your Identifying Information as well as
keeping Us informed of any changes to Your Identifying Information.
f.
You acknowledge that providing false or
misleading information, or using the Items to further fraud or unlawful activity
is grounds for immediate termination of these Terms.
18. PRIVACY
a. Through
Your use of the Product or other Items, You may provide Us with some of Your
personal information. By using the Product or Items, You authorise
Us to use Your information in Australia and any other country where We operate.
b. We
take Our privacy obligations very seriously.
c. Please
refer to Our privacy policy for further information about what information We
collect, how We use it and store it, and Your rights in relation to it.
19. REVERSE
ENGINEERING AND SECURITY
You agree not to:
a.
reverse engineer, or attempt to reverse engineer
or disassemble any code or software from or on the Items; and
b.
violate the security of the Items through any unauthorised access, circumvention of encryption or other
security tools, data mining or interference with any host, user or network.
20. SPAM POLICY
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personal information from people, companies or
other organisations and/or for sending bulk emails or
unsolicited emails.
21.
GENERAL PROVISIONS
a. Representations: By agreeing to these terms and
conditions, You agree that you did not rely on any representation, promise,
warranty or condition of Ours or a Contractor not expressly made (in writing)
part of this Contract.
b. Applicable
law: Your use of the Product and the Items is subject to the laws of
Victoria and each party submits to the jurisdiction of the courts of Victoria.
c. Written
communication: In relation to any correspondence or notification which is
required under these Terms to be provided in writing from one party to the
other party:
i.
such notice is properly given if given to the
other party:
a)
by email to an email address that the other
party has nominated, acknowledged or used in connection with the use of the
Product or other Items.
b)
by facsimile to a facsimile
address which the other party has nominated, acknowledged or used in connection
with the use of the Product or other Items.
c)
by post to a postal address the other party has
nominated, acknowledged or used in connection with the use of the Product or
other Items.
ii.
such notice is taken to be received:
a)
if sent by email, when the email becomes capable
of being retrieved by the recipient at the relevant email address.
b)
if sent by facsimile, at the time shown of
correct and complete transmission to the recipient’s facsimile number by the
sending machine.
c)
if sent by prepaid post within Australia, five
(5) days after the date of posting.
d)
if sent by prepaid post to or from an address
outside Australia, twenty one (21) days after the date of posting.
d. No
assignment: You must not assign, sub-licence or
otherwise deal in any way with your rights under these Terms without Our prior
written consent.
e. Severability
and Waiver: If any clause or sub-clause of these Terms is held to be
invalid or unenforceable, it is to be read down or severed such that the
remaining clauses and sub-clauses will be enforced to the maximum extent
possible. In such circumstances, the remainder of these Terms shall continue in
full force and effect.
f. Inconsistency and Priority: To the extent of any inconsistency of enforceable terms or a part thereof herein, these terms will prevail over any other terms issued by Us or You. The use of the Your own form is no derogation to these terms and conditions.
g. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
h. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
i. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
j. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
22.
CONTACT US
You can contact us about these Terms using the
following details:
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