Terms & Conditions

2. TERMINATION 

1. We reserve the right to suspend, restrict or terminate your access to the Website where reasonably necessary to protect our legal interests, comply with the law, or in response to breaches of these Terms. Where possible, we will provide reasonable notice before taking such action. You agree that we are not liable for any loss suffered by you or any third party as a result of the suspension, restriction or termination of your access to the Website.
2. These Terms and Conditions will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.

3. YOUR OBLIGATIONS

You must not:

1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;
3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
5. use the Website with the assistance of any automated scripting tool or software;
6. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
   
   (i) gaining unauthorised access to Website accounts or data;
   (ii) scanning, probing or testing the Website for security vulnerabilities;
   (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
   (iv) instigate or participate in a denial-of-service attack against the Website.

‍4. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

5. INFORMATION ON THE WEBSITE

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. 

While we will use our best endeavours to ensure the Website is as accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Website may have errors or defects;
2. the Website may not be accessible at times;
3. messages sent through the Website may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Website may not be secure; or
5. any information provided through the Website may not be accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

6. INTELLECTUAL PROPERTY

1. Unless otherwise indicated, we own or license from third parties the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights, title and interest in any intellectual property rights owned or licensed by it not expressly granted to you.
2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
3. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
   

7. LINKS TO OTHER WEBSITES

The Website may contain links to other websites operated by third parties that are not our responsibility. We have no control over the content of the linked websites, and we are not responsible for it.

Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

We encourage you to review the privacy policies of any third-party websites you visit.

8. SECURITY

1. In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.
2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
3. Whilst we use our best endeavours to maintain the security of the Website to Australian standards, we do not guarantee the security of the Website, our records, or any information you submit to us. 
4. We disclaim liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
5. By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. 

You are solely responsible for any information that you transmit to us.

9. PRIVACY

1. All personal information provided will be handled in accordance with our Privacy Policy and other applicable data protection laws. You have the right to access, rectify, or delete your data, and to object to or restrict our processing. You agree to be bound by our Privacy Policy, which can be found here.

10. LIABILITY & INDEMNITY

1. Your use of the Website is at your own risk and to the extent permitted by law. 
2. We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials

11. GENERAL

11.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. 

11.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

11.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

11.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

11.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.6 ENTIRE AGREEMENT

1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

11.7 INTERPRETATION

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation;
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
11. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.