For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on firstname.lastname@example.org.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1 Licence to use Site
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2 Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3.1 You represent and warrant to us that:
(a) you have the legal capacity to enter into these Terms; and
(b) you have complied with clause 1.3.
4.1 To the fullest extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
(b) in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
5 Return of products
5.1 We will only accept the return of a product that you have purchased on the Site if, when it is delivered to you, the product has been damaged or is spoiled or there is some other issue with its quality or we have made a mistake with your order, and you notify us of the problem within 14 days of receiving the product.
5.2 We do not accept returns if you have changed your mind and no longer want the product; after trying the product, you decide you do not like it for individual factors such as the taste; or you have made a mistake with your order.
5.3 If there is a problem with a product you have purchased on the Site, please notify us at email@example.com within 14 days of receiving the product. We will then advise you whether we will accept the return of the product and, if so, provide you with instructions on how to return the product.
5.4 Upon return of the product, we will, depending on the problem with the product, do one of the following at our option:
- send you out a replacement product (at no additional cost); or
- provide you with a refund of the amount you paid for the product and delivery.
6.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
6.2 We may terminate, suspend or limit your use of the Site immediately, on notice to you, if you have breached these Terms in any way.
7.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
7.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
7.3 These Terms and the Site are governed by the laws in force from time to time in the State of South Australia, Australia, and both parties agree to bring any litigation regarding these Terms or arising out of or in connection with use of the Site, in the courts situated in the city of Adelaide in the State of South Australia, Australia, exercising such jurisdiction.