Terms and Conditions

Website Terms

T&C
BPT

BPT

Boilerplate

T&C-BPT

Summary:

The terms and conditions are a legally binding contract between you and us ("Terms").

This short version of the Terms is for convenience only, is not part of the agreement, and does not detract from the interpretation and application of the Terms in full.

You may only access and use this website if you agree to these Terms in full.

We do not need to notify you of any change to these Terms.

You indemnify us for our reasonable Costs, including legal costs, in any dispute between you and us in which we are the prevailing party.

If you are underage or do not have legal capacity to enter these terms, your parent/guardian guarantees authorises your access and use of this website and indemnifies and guarantees your obligations under these Terms.

This website is provided on an "as is" and "as available" basis only.

We require full upfront payment for any transaction.

You warrant that the value to you of any transaction is at least equal to the purchase price.

You must not interfere with this website, its hardware, software or operation.

We do not guarantee the security of this website.

You must take your own precautions to protect your computer systems from viruses or other interference.

You transmit to or from this website at your own risk.

It is your responsibility to avoid infringement of any local laws.

We can be contacted by the means listed on the Contact Us page, except for the service of legal documents.

You consent to receive all communications from us by email, notice on this website, or other electronic means.

You may refer objectionable or erroneous material to us for review. Modification or removal will be at our sole discretion. Any recurrent or ongoing offence is entirely self-inflicted.

We are not liable for any circumstances beyond our reasonable control.

Full Text:

BPT1. "website" means the website located at and identified by www.yourwebsite.com.

BPT2. The "Parties" to this agreement are:

"you, your" the user of this website.

"we, us, our" the owners and operators of this website, whether natural persons or corporate entities.

BPT3. A reference to a Party includes a reference to that party's successors in title, permitted assignees and transferees (if any).

BPT4. Nothing in these Terms, express or implied, confers upon any third party any right, benefit or remedy under or by reason of these Terms, legislation governing third party rights, or otherwise.

BPT5. In these terms: 

  1. Headings and summaries or abbreviated versions of these Terms are for convenience only and do not affect the interpretation and application of these Terms in full;
  2. Words denoting the singular shall include the plural and vice versa;
  3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
  4. The word “including” and similar expressions will not be construed as words of limitation and shall be read as “including, but not limited to”; 
  5. The word “acknowledges” means the party making the acknowledgement is aware of and accepts the truth of said facts, so declares, and admits the truth of the statement for all purposes including for the purposes of pleadings in litigation;
  6. The word "Claim" means any claim including demands, threatened or filed proceedings, fines, awards, penalties howsoever arising including any liability, damages, or cause of action; and
  7. The word "Costs" means any cost, expense or disbursement incurred by reason of a Claim or otherwise arising in connection with this website, including judgment debts, adverse costs orders, settlement sums, penalties, fines, legal professional fees, administrative costs of proceedings, expert witness costs, or costs required for compliance with orders for equitable relief.

Legally binding contract

BPT6. These terms and conditions comprise a binding legal contract between you and us ("Terms").

BPT7. By accessing and using this website, you acknowledge you have had sufficient chance to read and understand these Terms and undertake to be bound by them in full and without reservation.

BPT8. You represent and warrant that you have legal capacity to enter these Terms, or have been authorised to by your parent or guardian who has given the Parent/Guardian Covenant.

BPT9. Subject to these Terms any requirement for payment to access certain content or functions, we grant you a temporary, non-exclusive, revocable, and limited right and license to access and use this website in the normal manner for your own personal, non-commercial use unless otherwise expressly authorised in writing to use this website for commercial use.

BPT10. You shall not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. Any such assignment by you shall be deemed null and void.

BPT11. We may assign our rights and obligations under these Terms to any party at any time without notice to you.

BPT12. Failure to enforce any particular provision of these terms, or failure to act with respect to an anticipated or actual breach by you or others, does not constitute a waiver of the right to do so later including in relation to subsequent or similar circumstances.

BPT13. If any provision of these Terms is declared invalid or unenforceable under applicable law by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such declaration and without affecting the validity or enforceability of the remaining provisions.

BPT14. Any specific Terms duplicated in whole, in part, or in a summarised version throughout this website are merely reminders provided for your convenience, and do not detract from the interpretation and application of these Terms in their full form.

BPT15. These Terms constitute the entire and final agreement and understanding between you and us with respect to the website and any subsequent agreement for the supply of goods or services subject to these Terms. You and we confirm that no reliance has been placed on any representations other than those set out in these Terms.

Availability

BPT16. You acknowledge that websites are subject to interruption or breakdown, and accordingly this website is provided on an "as is" and "as available" basis only.

BPT17. We may, at our sole discretion, suspend, interrupt, alter, amend or cease the operation or content of this website, in whole or in part, at any time, without notice to you.

BPT18. If for any reason this website ceases to operate or these Terms are terminated:

  1. Any entitlements accruing to you under these Terms will cease immediately except for the right to provision or refund at our sole discretion of any goods or services paid by you in advance;
  2. Any entitlements, hold harmless clauses, indemnities or other protections accruing to us under these Terms will continue.

Costs

BPT19. You indemnify us for our reasonable Costs in any dispute between the Parties in which these Terms, any subsequent agreement for the supply of goods or services, or your use of the website; form part of the cause of action and in which we are the prevailing party. If the Parties cannot agree reasonable Costs they are to be assessed on the indemnity basis. Your debt arising pursuant to this clause is immediately due and payable notwithstanding any right of appeal in respect of the underlying dispute.

Parent/Guardian Covenant

BPT20. Where you are not of the age of majority and/or legally competent to enter into these Terms, your parent/guardian is required to supervise and take primary responsibility for your access and use of this website. Accordingly your parent/guardian:

  1. Represent and warrant the representations contained in these Terms are true and correct;
  2. Guarantee the rights and indemnities granted as against the you pursuant to these Terms;
  3. Personally covenant to indemnify us in terms of these Terms;
  4. Give you permission to access and use this website and to enter into any resultant agreements (for example contracts for the supply of goods or services); and
  5. Acknowledge we shall not provide any special assistance to you.

Your insolvency

BPT21. We will not provide any goods or services to you until the total value of the goods or services is paid in full unless otherwise agreed in writing.

BPT22. You warrant that the value to you of the goods or services is at least equal to the amount you paid to us as consideration for the supply of those goods or services.

Internet security

BPT23. You shall not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website, nor attempt to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content therein.

BPT24. You acknowledge that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

BPT25. We do not, and cannot, guarantee or warrant that any data transmission is totally secure, free from viruses, fault or other conditions that could damage or interfere with your computer systems. You acknowledge responsibility to take your own precautions to protect your computer systems.

BPT26. We do not, and cannot, guarantee or warrant the security of any content or information you transmit via this website. You transmit to or from this website at your own risk.

Infringement of local laws

BPT27. If any content on this website is in violation of local laws and ordinances in your geographical location, for example offensive, discriminatory or blasphemous, ("Legal Restrictions") you may bring this to our attention but must immediately cease using this website. We may, in our sole discretion, rectify the offending content but do not undertake to do so.

BPT28. You acknowledge responsibility and undertake to ensure legal compliance in your geographical area, and accordingly you indemnify us in respect of any Costs arising from your use or continued use of this website in violation of local laws.

Communications

BPT29. You can contact us by the methods detailed on the "Contact Us" page of this website for all purposes other than formal service of legal documents which must be served in accordance with ciil procedure and service rules in the Jurisdiction.

BPT30. You consent to receive all communications from us electronically, including by email or by posting notices on this website, and that such communications will satisfy any legal requirement that such communications be in writing.

BPT31. Any notice given in connection with these Terms shall be to the email address you: (i) specified for the specific transaction, (ii) specified for your membership to this website generally, or (iii) used in correspondence with us.  Notice shall be effective immediately upon transmission if sent before 5.00pm on a business day, otherwise the next business day, with business days and time determined by reference to the Jurisdiction. If notice cannot be given in accordance with this clause, notice shall be given in accordance with civil procedures and service rules in the Jurisdiction.

Objectionable or erroneous material

BPT32. In the first instance, you may refer objectionable or erroneous material to us for review, which may at our sole discretion result in modification, removal or no action. We shall have no obligation to notify you of our decision.

BPT33. In the second instance, if you do not agree with our decision, you acknowledge the appropriate response is to cease using this website and voluntarily exposing yourself to such content, that any recurrent or ongoing offence is entirely self-inflicted, and hold harmless and release us of any liability or responsibility for your continued exposure to such content.

Force Majeure

BPT34. To the extent permitted by law, we are not liable for any delay caused by circumstances beyond our reasonable control, including the acts or omissions of third parties, and we shall be entitled to a reasonable extension of time to perform any obligations under these Terms.

T&C
DISC

DISC

Disclaimer

T&C-DISC

Summary:

YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this website and the information, content, materials, processes, goods or services that it contains.

You shall indemnify, defend and hold us harmless of any Costs incurred due to your use of this website including by reason of our negligence or breach of duty (statutory, contractual or otherwise), howsoever arising including any or all of the following which may apply under these Terms: Legal Restrictions, User Generated Content, Exposures, Information, Forum Information Activities, Medical Information, Services, Your Items, Forfeited Amount, Duties, service providers, payment providers, shipping providers or unavailability of this website.

We are not responsible for the content or availability of external websites linked from this website.

To the extent permitted by law we are not liable for any direct, indirect or consequential damages or loss arising from use of, or reliance on, this website.

Our liability is limited to re-supply, refund or US$100.

You indemnify us for all Costs which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website including intellectual property infringement, defamation, or privacy.

Full Text:

DISC1. YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

DISC2. You acknowledge the clauses of this Disclaimer section reflect the allocation of risk set forth in these Terms and that we would not enter into these Terms or license you to access and use the website without this limitation of liability.

DISC3. We do not, and cannot, control or monitor the content and availability of external websites to which links may be made from or by this website from time to time.

DISC4. We shall not be liable for any consequential, indirect, exemplary, punitive, special, incidental or reliance damages, or for any damages related to lost data, lost profits, or business interruption, arising or related to your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information or processes contained on, or accessed through, this website, even if we knew or should have known of the possibility of, or could reasonably have prevented, such damages or losses.

DISC5. To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this website and the information, content, materials, processes, goods or services that it contains.

DISC6. To the extent that any exclusion of liability, warranty or guarantee in these Terms is deemed by a court of competent jurisdiction to have failed in its essential purpose, you agree that our liability is limited to the re-supply of the affected goods or services, or if re-supply is not practicable refund of the amount paid by you to us for the affected goods or services, or in all other circumstances the amount of USD$100.

DISC7. Our total cumulative liability to you arising from your use of this website, including by reason of our negligence or breach of duty (statutory, contractual or otherwise), will not exceed the amount of USD$100.

DISC8. You indemnify us for all Costs which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website including intellectual property infringement, defamation, or privacy.

DISC9. You shall indemnify, defend and hold us harmless of any Costs incurred due to your use of this website including by reason of our negligence or breach of duty (statutory, contractual or otherwise), howsoever arising including any or all of the following which may apply under these Terms: Legal Restrictions, User Generated Content, Exposures, Information, Forum Information Activities, Medical Information, Services, Your Items, Forfeited Amount, Duties, service providers, payment providers, shipping providers or unavailability of this website.

T&C
IP

IP

Intellectual Property

T&C-IP

Summary:

We retain ownership of all intellectual property on this website.

You shall not use any intellectual property on this website for commercial or derivative purposes without our express written agreement.

You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use any content you upload or communicate to this website. You warrant that you have the right to grant this license. You indemnify us for any costs we incur if you do not have the right to grant this license.

You may notify us in writing of any potential breach of your intellectual property by us. We will investigate your claim and respond.

Full Text:

Our intellectual property

IP1. "Content" is any creation of intellect and includes but is not limited to code, text, images, audio, video and links.

IP2. All intellectual property in this website, its icons, logos, slogans, Content, processes and software is the property of the owners of this website or their affiliates.

IP3. You shall not use any Content, process or software available or identifiable on this website for commercial or derivative purposes unless you have obtained our express written agreement on an individual basis, or if we have expressly specified other license conditions, for example by granting and displaying a Creative Commons license for particular Content.

IP4. You shall not modify or copy the layout or appearance of this website nor any computer software or code contained in this website. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

Your contributions

IP5. If you communicate to us, or upload, post, or otherwise contribute any Content of any type to this website, unless clearly stated otherwise you grant a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to us to use that Content in any way including reproduction and derivative works ("IP License").

IP6. You retain copyright and any other rights you hold in your Content and can continue to share and commercialise your Content as you wish.

IP7. You represent and warrant that you have all necessary rights to grant the licenses and rights set out in the IP License and that your Content is not defamatory, does not infringe any law or third party rights ("IP Warranty").

IP8. You indemnify us in respect of any penalties, damages, costs or other expenses arising from your failure to comply with the IP Warranty ("IP Indemnity").

IP9. The IP License, the IP Warranty, and the IP Indemnity will survive any whole or partial termination or modification of any Terms or the discontinuance of this website.

Infringement of your intellectual property

IP10. If you believe this website violates your copyright, trademark or other intellectual property, and seek relief, then in the first instance you shall communicate to us each of the following:

  1. Identify the content or other feature said to be in breach;
  2. Identify your intellectual property from which the breach is said to arise; and
  3. Specify your proposed resolution;

then we will investigate and respond to your claim within a reasonable time being no less than two weeks. We may take down any material so identified within a reasonable time without further consequences and without prejudice to any Claim for use of your intellectual property.

T&C
UGC

UGC

User Generated Content

T&C-UGC

Summary:

We act as a passive conduit for user generated content, which we do not monitor, endorse or accept any liability.

You warrant you will not upload any objectionable or unlawful material.

You accept the risk of exposure to objectionable or unlawful material as a usual risk of the Internet for which we are not responsible.  

We reserve the right to remove or edit any user generated content appearing on this website at our sole discretion.

Full Text:

UGC1. "User Generated Content" or "UGC" is information created, transmitted via or otherwise communicated by non-administrative users of the website, and includes but is not limited to forum posts, comments, content, reviews, testimonials, public or private messages that may be submitted to, on this website by any person in forms including text, images, audio, video and links.

UGC2. We act as a passive conduit for UGC. We do not, and cannot, monitor, review or moderate all user generated content submitted to this website. We do not endorse any UGC.

UGC3. UGC, particularly when contributed by persons on the Internet, may:

  1. Violate laws regarding defamation, harassment, discrimination, racial vilification, sedition, blasphemy, bullying, privacy or contempt;
  2. Be abusive, offensive, indecent, pornographic or obscene;
  3. Advocate illegal activity or discuss illegal activities with the intent to commit them;
  4. Be intentionally or unintentionally false, misleading, deceptive, inaccurate, incorrect or unreliable;
  5. Be an infringement of intellectual property rights including copyright of any third party;
  6. Be inappropriate, off topic, repetitive or vexatious;
  7. Compromise the privacy of any person, or may contain or seek inappropriate personal information, or impersonate another person;
  8. Be for commercial or charitable purposes not endorsed by this website; or
  9. Contain malicious, invasive or otherwise harmful software.

(together, "Exposures").

UGC4. You acknowledge that UGC is a rich, interactive, collaborative, and engaging experience to which you assign a value. You voluntarily accept the Exposures as a usual risk and obvious risk of the Internet generally and of this website and acknowledge that any such Exposure is not attributable to us. You hold us harmless of any Claim for wcih the Exposures form part of the cause of action.

UGC5. You warrant that you will not upload any UGC of the types described by the Exposures.

UGC6. We reserve the right to refuse to disclose, unless compelled by law, the identity or personal information of any person who has made a contribution to, or communication on, this website including the person responsible for any Exposures.

UGC7. We reserve the right to remove or edit any UGC appearing on this website at our sole discretion but do not undertake to do so.

T&C
IO

IO

Information Only

T&C-IO

Summary:

The information on this website is provided for general information purposes only and must not be relied upon without first seeking independent advice or otherwise verifying the information is complete, correct, and meets your particular requirements.  

Full Text:

IO1. The information on this website howsoever created including by us, you, other users, system or software generated, or displayed from external sources, and in any form including text, images, audio, video and links ("Information") is provided for general information purposes only.

IO2. You acknowledge the Information:

  1. Is not guaranteed as accurate, correct or comprehensive;
  2. Does not constitute advice or instructions;
  3. Is not a substitute for consulting a suitably qualified professional or other person with specialised knowledge;
  4. Will not be relied upon by you for any purpose; and
  5. Will form no part of the cause of any injury, damage, misadventure, statement or otherwise detrimental act or omission as it relates to yourself or third parties.

IO3. You undertake to be responsible for determining the validity, quality and relevance of the Information and to take appropriate independent advice before acting or relying on the Information to ensure it meets your particular requirements.

T&C
DRA

DRA

Dangerous Recreational Activity

T&C-DRA

Summary:

This website concerns inherently dangerous recreational activities but the information is only general, is not advice or instructions, and must not be relied on in any way.

Full Text:

DRA1. You acknowledge the activity or activities the subject of this website ("Activities") are inherently dangerous recreational activities in whcih you engage for enjoyment, relaxation or pleasure.

DRA2. You acknowledge the information on this website is not guaranteed as accurate or correct, does not constitute advice or instructions, is provided for general information purposes only and may not be relied upon in conducting the Activities.

DRA3. You warrant that you will not rely on any information on this website in conducting the Activities.

T&C
FRM

FRM

Forums

T&C-FRM

Summary:

Never assume information on a forum is true or honestly communicated.

Full Text:

FRM1. You acknowledge that when participating in a forum you should never assume that a person actually has the knowledge, experience, competence, honesty or affiliations they claim, and that information obtained from a forum may not be correct and should not be relied upon.

FRM2. You release us, hold us harmless and waive all liability for any damage arising from your reliance on information obtained from forums on this website.

T&C
MBER

MBER

Membership

T&C-MBER

Summary:

You may be required to register a member account to access certain features of this website.

We do not verify any personal information submitted by a member.

We reserve the right to refuse, suspend or terminate the membership of any user for any reason and without explanation.

You must bear the costs of any unauthorised access to your membership account due to your failure to ensure that no unauthorised person has access to your computer, passwords or accounts.

The Terms applicable to this website are subject to change, such changes are not retroactive. Every time you access or use this website is a separate and discrete transaction giving rise to a separate agreement in the Terms as they exist at that time.

It is your responsibility to inform yourself of the Terms that exist at any given time. You waive any requirement that we inform you as to any changes to the Terms.

Full Text:

MBER1. You may be required to register a member account in order to access, participate or contribute to certain features of this website.

MBER2. We do not, and cannot, undertake or guarantee that we will verify the identity of any member or any other personal information they provide.

MBER3. Any identifying or contact details required for registration will only be used in accordance with the Privacy Policy in these Terms.

MBER4. We reserve the right to refuse, suspend or terminate membership or registration of any user for any reason and to decline to elaborate a reason.

MBER5. Your membership is not transferrable or assignable.

MBER6. You may terminate your membership account at any time by unsubscribing or deleting where that option is available through an account management area of this website, or by contacting us.

MBER7. You acknowledge it is your responsibility and undertake to:

  1. Control the dissemination and use of sign-in name, screen name and passwords;
  2. Authorise, monitor, and control access to and use of your account and password;
  3. Restrict access to any device that stores your passwords or account details; and
  4. Promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password  (together, "Your Access Responsibilities").

MBER8. You acknowledge you are solely liable for any Costs arising from unauthorised access to your membership account due to failure to comply with Your Access Responsibilities.

Agreement to be bound

MBER9. By submitting your membership application you declare that you have had sufficient chance to read and understand the Terms and agree to be bound by them in full and without reservation and on the following basis:

  1. The Terms applicable to this website are subject to change, such changes are not retroactive. Every time you access or use this website is a separate and discrete transaction giving rise to a separate agreement in the Terms as they exist at that time.
  2. For example, every contribution you make to this website is done on the basis of the Terms concerning intellectual property that existed at the time the contribution was made, irrespective of subsequent changes to the Terms.

  3. It is your responsibility to inform yourself of the Terms that exist at any given time. You waive any requirement that we inform you as to any changes to the Terms.

MBER10. If at any time you do not agree to the Terms applicable to this website as they exist at that time in full and without reservation then your authorisation to access this website is immediately withdrawn and you must immediately exit this website.

T&C
PAY

PAY

Paid Subscriptions

T&C-PAY

Summary:

Any membership fee is consideration for the creation and maintenance of a member account by which you are able to access, participate or contribute to certain features of this website as it exists from time to time.

Full Text:

PAY1. This website may require a membership fee to be paid upfront, periodically, or as a combination of both upfront and periodic payments ("Membership Fee").

PAY2. You undertake to promptly pay any membership fee as consideration for the creation and maintenance of a member account by which you are able to access, participate or contribute to certain features of this website as it exists from time to time.

PAY3. If you fail to make payment of any Membership Fee we reserve the right to suspend or terminate your membership immediately and without notice to you. 

T&C
PP

PP

Privacy Policy

T&C-PP

Summary:

We collect only personal information that you input to this website or generated by your use of this website, at your own discretion and with your consent.

You are not required to disclose any personal information to us.

Some functions of this website will not be available if you do not provide requested personal information to us.

You are responsible for maintaining accurate and up-to-date personal information using the account management pages provided.

This website facilitates legally binding agreement between you, us and third parties. For this reason it is not practicable for you to operate anonymously or using a pseudonym on this website.

We will not disclose your personal information to any third party except as required to supply you with goods, services or website functionality, or unless compelled by law.

We may disclose aggregate or demographic information about users of this website to any party.

We do not, and cannot, guarantee the security of any personal information stored electronically.

We will notify you by email of any security breach if notification is required by law.

You consent to this website and your personal information being hosted, stored, access, processed or transmitted anywhere in the world.

It is open to you to disable or otherwise prevent cookies being stored on your device, however this website may cease to function correctly if you do so. You otherwise consent to the creation of cookies on your device.

Full Text:

Personal Information

PP1. We collect only personal information that you input to this website or generated by your use of this website, at your own discretion and with your consent.

PP2. We collect only personal information directly related to or reasonably necessary for the purposes of providing the functions of this website to you, and facilitating transactions you enter into via this website.

PP3. You are not required to disclose any personal information to us, however some functions of this website will only be available to users who choose to provide certain specified personal information to us.

PP4. You are responsible for maintaining accurate and up-to-date personal information. You may access and correct your personal information through the account management pages provided by this website.

Anonymity and Pseudonymity

PP5. The functions of this website include the facilitation of legally binding agreements between you, us and third parties. Accordingly it is not practicable for you to fail to correctly identify yourself, or to operate on the basis of anonymity and pseudonymity.

Disclosure

PP7. We will not willingly disclose your personal information to any third party except as required to supply you with goods, services or website functionality, or unless compelled by law.

PP8. We may disclose aggregate or demographic information about users of this website to any party.

Direct Marketing

PP9. You consent to us contacting you via this website, email, social media or any other means for direct marketing purposes.

PP10. This consent can be withdrawn at any time by the simple and usual means provided, including options available through the account management pages provided by this website and any unsubscribe link provided on direct marketing email communications.

Transaction Records

PP11. We keep records of transactions for accounting, business and legal purposes. Records of transactions are our proprietary information and you are not entitled to access or modify these.

Security

PP12. We take reasonable steps to protect the security of your personal information, however we do not, and cannot, guarantee the security of your personal information from the intentional, negligent or malicious acts of third parties including persons acting illegally, service or infrastructure suppliers involved in the operation of this website, or invasive government or corporate surveillance programs, and do not undertake to do so.

Security Breach

PP13. Where required by law or otherwise in our sole discretion, we will notify you of any breach of the security of this website or any related system storing your personal information. You consent to such notification being provided by the email address you have provided to us as part of your personal information or for the purposes of registering as a member of this website.

Hosting

PP14. You consent to this website and any associated data including your personal information being hosted, stored, accessed, processed or transmitted anywhere in the world.

Cookies

PP15. This website may cause your internet browser to store a message in a text file on your device used to access this website, which may be uploaded from your device to this website from time to time as requested by this website (a "cookie"). This website uses two types of cookies:

  1. Session Cookies − Which are temporary files created when you visit this website, for the purpose of providing continuity in a usage session as you move between different pages, and expire when you close your browser.
  2. For example, if you put a good in your shopping cart and later go to the checkout page, the session cookie tells the checkout page that it is you and the goods you intend to offer to buy.

  3. Permanent Cookies − Which are long term files created and later updated when you visit this website, for the purpose of providing continuity over multiple usage sessions, and remain on your device.
  4. For example, the permanent cookie tells the login page your username so you do not need to input it every time you visit this website.

PP16. You acknowledge that while it is open to you to disable or otherwise prevent cookies being stored on your device, this website or certain of its features may cease to function correctly if you choose to do so. You otherwise consent to the creation of cookies on your device.

Effective as of 1 July 2013, last amended 10 November 2015.

T&C
SPEC

SPEC

Special Terms

T&C-SPEC

Summary:

We do not warrant the offerings of parties other than us who operate stores, provide services or sell products on this website.

Full Text:

External Website Elements

The Google Maps service is made available to you under license from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html .

Other Businesses

Parties other than us operate stores, provide services, or sell goods on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses.  You acknowledge we do not, and cannot, examine, evaluate, assume responsibility or liability for, or warrant the offerings of these businesses or individuals.

No medical advice

You must not rely on this website for medical advice, diagnosis, treatment or instructions.

If you think you may have a medical emergency, call your doctor or the medical emergency number in your jurisdiction immediately.

T&C
CA,USA

CA,USA

Jurisdiction

T&C-CA,USA

Full Text:

J1. These Terms and any dispute arising out of or in connection with their subject matter, shall be governed by and construed in accordance with the laws of California, United States of America ("Jurisdiction").

J2. The parties irrevocably agree that the courts of California, United States of America shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms, this website, or the subject matter thereof.

T&C
MED

MED

Health and Medical

T&C-MED

Summary:

If you think you may have a medical emergency, call your doctor or the medical emergency number in your jurisdiction immediately.

We do not purport to give medical advice, diagnosis, treatment or instructions.

You must not rely on any information presented by us other than for general information purposes. You must seek advice from a suitably qualified medical practitioner.

Full Text:

MED1. If you think you may have a medical emergency, call your doctor or the medical emergency number in your jurisdiction immediately.

MED2. We are not medical practitioners and do not purport to give medical advice, diagnosis, treatment or instructions. In the alternative, if we are medical practitioners, we do not purport to give medical advice, diagnosis, treatment or instructions by means of this website or otherwise outside of the scope of your physical attendance at our offices for a consultation.  

MED3. The information contained within, accessed by, or generated by this Website or any associated mobile application or service (“Medical Information”) is provided for general information purposes only.

MED4. You agree that you are responsible for determining the validity, quality and relevance of the Information and to take appropriate independent advice from a suitably qualified medical practitioner before acting or relying on any of the Information.

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T&C
BPTS

BPTS

Boilerplate

T&C-BPTS

Summary:

Prices may change at any time.

Packaging and colour of goods may vary.  Weights, dimensions and capacities are approximate only.

Nothing in the Terms excludes the application of consumer guarantees mandated by law.

If your local laws prohibit the purchase of certain goods you shall not attempt to do so through this website. You indemnify us for Costs arising from your failure to comply with this Term.

You are responsible to identify and pay any duty, levy, tax or other fee imposed by law on the purchase and delivery of goods from this website.

We will share your personal details with third parties as required to fulfil your purchase.

Full Text:

BPTS1. We reserve the right to change advertised prices for goods or services as shown on this website at any time.

BPTS2. Nothing in these Terms excludes the application of consumer guarantees mandated by legislation or the operation of law.

BPTS3. You acknowledge that the following variations to the goods shown on this website may apply and will not invalidate an agreement for the sale of such goods in any way:

  1. Packaging may vary from that shown on this website;
  2. Weights, dimensions and capacities shown on this website are approximate only;
  3. Your monitor’s display of any colour may not accurately reflect the actual colour of physical goods.

BPTS4. If due to age or other circumstances the law in your geographical area does not permit you to purchase certain goods or services, for example knives, alcohol or video material, then you shall not enter into or attempt to enter into any agreement with us for the provision of such goods or services and warrant that you will not do so ("Restrictions Warranty").

BPTS5. You indemnify us for any Costs arising from your failure to comply with the Restrictions Warranty.

BPTS6. You acknowledge that all goods are sold on a delivery duty unpaid basis, and you are responsible to identify and pay any duty, levy, tax or other fee imposed by the law in your geographical area ("Duties") on or prior to delivery of any goods from this website.

BPTS7. It is your responsibility to check the details of such Duties before completing any checkout process or making any offer to purchase, and to pay such Duties. We do not undertake to inform you if such Duties may apply.

BPTS8. You agree we may use, share and store your personal information for the purposes of processing your transaction and delivering the goods or services to you, including by providing your data to third parties within the supply chain.

BPTS9. You acknowledge that delivering goods or services to you requires true and correct personal information including your name, address and other contact details as requested.  You acknowledge your failure to provide true and correct personal information may result in failure to deliver goods or services to you or failure to bring any cancellation to your attention, and in those circumstances you will not be entitled to any refund of the amount paid by you as consideration for those goods or services ("Forfeited Amount") and you will not be entitled to Costs for any damage incurred by reason of not receiving the goods or services.  You acknowledge the Forfeited Amount is a genuine pre-estimate of wasted costs and costs of administration likely to be incurred by us due to your failure to provide true and correct personal information and is not a penalty.

BPTS10. Offers to purchase which are received on a weekend or a public holiday may not be processed until the next business day. Business days are Monday to Friday, excluding public holidays as defined in the jurisdiction specified by these Terms.

T&C
INVT

INVT

Invitation to Treat

T&C-INVT

Summary:

This website makes only an invitation to treat. By this website we invite you to make an offer to purchase goods or services featured on this website. We may or may not accept your offer at our sole discretion. Our acceptance will be communicated by return email confirming the terms of the agreement to supply goods or services to you.

We reserve the right to cancel any agreement to supply goods or services, at any time, for any reason, without liability.

Full Text:

INVT1. This website makes only an invitation to treat. By this website we invite you to make an offer to purchase goods or services featured on this website. We may or may not accept your offer at our sole discretion. Our acceptance will be communicated by return email confirming the terms of the agreement to supply goods or services to you (“Supply Agreement”).

This clause applies notwithstanding features of the website from which an intention to make an offer would otherwise be inferred, including: the use of language to the contrary for example the words "offer", "buy now", "purchase"; the specific labels and functions of website pages for example online store, shopping cart, checkout or payment; or any information concerning or connected with goods or services described on the website including text, images, audio, video and links.

INVT2. You make an offer to purchase by completing the online checkout process. Your offer to purchase must include tendering full payment in advance, which we shall hold on trust for you pending acceptance of your offer. You are deemed to make an offer to purchase when:

  1. A record of your offer is created in our database, and
  2. We receive written confirmation of deposit into our account of your full payment in advance from our nominated third party payment provider.

INVT3. You declare that any goods or services you offer to purchase are necessary to maintain your existing lifestyle or quality of life.

INVT4. We reserve the right to terminate any Supply Agreement in whole or in part, at any time, for any reason, in our sole discretion, effective immediately on giving notice or attempting to give notice at the contact details you provided. We are not required to communicate the reason for termination to you. Our liability is limited to return of amounts paid in advance in respect of the terminated agreement.

T&C
3PP

3PP

Third Party Payments

T&C-3PP

Summary:

This website makes available a third party payment service provider. You acknowledge that when you make a transaction using the payment provider you enter into a separate agreement with the payment provider to which we are not a party.

We are not privy to, and have no responsibility for, credit card information handled by the payment provider.

We incur no obligations to you until payment is deposited into our operating accounts by the payment provider.

Full Text:

3PP1. This website makes available a third party payment service provider to facilitate transfer of money from you to us ("payment provider"). You acknowledge that when you make a transaction using the payment provider you enter into a separate agreement with the payment provider to which we are not a party.

3PP2. You acknowledge the payment provider may do either or both of the following as valuable consideration for its services:

  1. Retain an amount from the transaction notwithstanding that you may not know the amount retained; and/or
  2. Apply a surcharge to the transaction notwithstanding that this may not have been disclosed by us prior to your order progressing to the payment provider’s system.

3PP3. You acknowledge that we do not request, transmit or record, and take no responsibility for the security or privacy of, credit card or any other personal information collected by the payment provider for the purpose of processing a payment.

3PP4. You acknowledge that we incur no obligations to you until such time as any payment from you is deposited into our operating accounts by the payment provider, irrespective of whether or not payment has been deducted from your accounts by the payment provider.

T&C
3PS

3PS

Third Party Shipping

T&C-3PS

Summary:

This website uses a third party shipping service provider. You acknowledge that when you make a purchase requiring delivery you enter into a separate agreement with the shipping provider to which we are not a party.

We act as agent on your behalf to contract with the shipping provider to arrange and transfer payment for delivery of goods to you at the address you nominated when making your offer to purchase.

You assume full title and risk for the goods once possession passes from us to the shipping provider.

We do not accept responsibility for delivery failures, delays or freight related damage to goods caused by the shipping provider.

Full Text:

3PS1. The price of goods shown on this website may exclude shipping costs, which may be shown separately when finalising your order and may not have been disclosed to you prior to the checkout process.

3PS2. Delivery charges and timescales vary depending on the type of goods ordered, the service you select and the delivery address.

3PS3. This website makes available a third party shipping service provider to facilitate transport of goods from us to you ("shipping provider"). You agree that when you make a purchase requiring delivery you enter into a separate agreement with the shipping provider to which we are not a party.

3PS4. We act as agent on your behalf to contract with the shipping provider to arrange and transfer payment for delivery of goods to you at the shipping address you nominated when making your offer to purchase or otherwise completing the checkout process.

3PS5. You acknowledge that you assume full title and risk for the goods once possession passes from us to the shipping provider, that we have no liability for damage or delay arising from transit of these goods, and that any such liability vests in the shipping provider.

3PS6. You acknowledge that we incur no liability, release and hold us harmless, for delivery failures, delays or freight related damage to goods caused by the third party shipping provider. However, we may continue to act as your agent to communicate with the shipping provider in respect of any delivery failure, delay, damage or dispute.

T&C
RTN

RTN

Returns Policy

T&C-RTN

Summary:

All sales are final unless goods are defective.

Unless we decide otherwise you must bear all costs and risk of returning defective products.

We may refer you to the manufacturer for troubleshooting assistance.

Goods shall not be considered defective if damaged by you.

If we confirm the returned goods are defective you will be entitled to repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement goods to you.

If returned goods are not defective they will only be returned to you on receipt of your payment for the shipping costs of doing so.

Full Text:

RTN1. To the extent permitted by law, the following returns policy on goods sold by us will apply:

  1. All sales of goods are final and you are not entitled to any refund on the return of goods unless such goods are defective;
  2. If you are entitled by law to return goods because you have changed your mind within any applicable cooling off period, then:
    1. you are not entitled to a refund on original shipping costs or payment transaction costs,
    2. you must first contact us in writing to make arrangements for the return and provide proof of purchase of that good from us within the relevant cooling off period,
    3. at your own expense and risk you must return the good undamaged, unused and in original packaging to an address nominated by us, failing which will exclude you from any entitlement to a refund and you will remain liable for any return shipping costs.
  3. Certain goods require a high degree of technical familiarity for service and support and so at the first instance or if directed by us, you must contact the manufacturer or other supplier for trouble-shooting assistance;
  4. Goods you have damaged through your own acts or omissions shall not be considered defective;
  5. If goods are defective:
    1. You must first notify us in writing within 30 days of receiving possession of the goods, of any claim for defective goods, and provide proof that the goods were originally purchased from us;
    2. You must return defective goods to us, at your own reasonable expense, to any address specified by us ("Returned Goods");
    3. We shall not have title or risk for Returned Goods until they arrive at the address we specified for return;
    4. Reimbursement of shipping costs for Returned Goods shall be at our sole discretion;
    5. If we confirm the Returned Goods are defective you will be entitled to either repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement goods to you by standard shipping;
    6. We shall not under any circumstances be liable for any data lost as a result of repaired, replaced or refunded goods; and
    7. If Returned Goods are not defective they will only be returned to you on receipt of your payment for the shipping costs of doing so.
T&C
SERV

SERV

Services

T&C-SERV

Summary:

We have no responsibility for your participation in services or activities conducted by any third party or the standard of such services. 

If services are to be provided by us we shall provide the services to you as described.

Additional services may be required to complete the services at additional cost.

If the services are training then you will only receive certification if you have achieved the necessary competence, knowledge and skill.

If you are providing the venue for the services then the venue must be suitable and safe.

We reserve the right to cancel services at any time for any reason.

All sales of services are final subject to any Cancellation Policy applying to those services as provided separately on this website.

You are not entitled to a refund if services cannot be supplied due to your own failure to attend, actions, omissions or circumstances.

Full Text:

SERV1. We regularly promote, advertise or sponsor functions, events or activities that are conducted online or offline ("Services") by us or by third party service providers ("service providers"). You acknowledge that you participate in any such activities entirely at your own risk and pursuant to a contract between you and the third party service provider.

SERV2. To the extent Services are conducted by service providers we act as broker between you and service providers, and you acknowledge:

  1. Our only obligation to you is to reserve the Services on your behalf, and to make payment to the service providers if we have undertaken to do so;
  2. The Services remain subject to these Terms in addition to any limitations of liability or other agreement you may become party to with the service providers;
  3. We have no responsibility or liability for your participation in Services conducted by any service providers or other third party, or for the standard of such Services; and
  4. Your legal recourse for Service standards is against the service providers and not against us.

SERV3. To the extent Services are conducted by us, on communication of our written acceptance of your offer, we shall provide the Services to you as described on this website and subject to these terms.

SERV4. Prices quoted for Services are for a base level of labour and those consumables which must always be applied with every Service as described on this website, and does not include optional or additional labour or consumables which are not of necessity always required to complete the Services ("Additional Services").

SERV5. Where necessary or appropriate we will recommend Additional Services to you with a quote for the Additional Services.  If our recommendation for Additional Services is not accepted, or if you direct us to use Additional Services other than those we recommend to you, then:

  1. You acknowledge that optimal performance or completion cannot be guaranteed; and
  2. We reserve the right to not complete the Services and you agree to pay the pro-rata value of the Services to the extent they have already been completed.

SERV6. If the Services comprise training, then an agreement to provide training is only for the conduct of a typical program of training, at the end of which you will only receive certification if the instructor considers you have achieved the required standard of competence, knowledge and skill, otherwise you will not receive certification and may need to enter into a new arrangement to purchase Additional Services comprising further training.

SERV7. If the venue at which Services are to be conducted is a facility or premises within your control, you shall provide:

  1. Suitable parking and a safe working environment for us, our representative, or the service provider;
  2. Sufficient space and seating for the number of people participating in Services;
  3. Facilities, audio-visual equipment, or other equipment indicated as required to conduct the Services
  4. An environment free from interruptions and compliant with all applicable health and safety laws, regulations and standards.

SERV7. If the Services involve interfering with, modifying, maintaining, using or otherwise affecting property, tangible or intangible goods, or software in your ownership, possession or control ("Your Items") you authorise us to perform those Services and so affect Your Items.

SERV8. We reserve the right to cancel or postpone any Services at any time for any reason, including without limitation due to weather conditions, unavailability of suitable facilities or equipment, insufficient participant numbers, or where we believe the safety of any participant may be at risk.

Unfulfilled Services

SERV9. To the extent permitted by law, the following refund policy on Services sold by, or booked via, us will apply:

  1. All sales of Services are final subject to any Cancellation Policy applying to those Services as provided separately on this website or by the service provider which may not be disclosed or brought to your attention on this website;
  2. You must first notify us in writing of any claim arising from the supply of Services, and provide proof that the Services were originally purchased from us;
  3. If Services cannot be supplied as agreed because of your own failure to attend, actions, omissions or circumstances then you shall not be entitled to any refund; and
  4. If Services are not supplied as agreed or to the standard we have indicated, then you may be entitled to resupply or refund at our sole discretion.
T&C
ESC

ESC

Escrow

T&C-ESC

Summary:

We may retain the purchase price for goods or services in our account for a period of time pending confirmation that the goods have been delivered and/or the services have been performed.

Retained funds are held on trust.

You will not receive interest on any retained funds.

Full Text:

ESC1. Once funds for your purchase of goods or services have been deposited in our account they are non-refundable.

ESC2. Certain goods or services offered on this website may be subject to availability, confirmation from suppliers or providers, weather, specific cancellation policies or other circumstances, we may retain the purchase price for goods or services in our account ("Retained Funds") for a period of time as determined in our sole discretion including our receipt of confirmation:

  1. From the supplier or logistics facilitator that goods have been collected by the shipping provider;
  2. From the provider of services that services have been completed; or
  3. From both you and any third party involved in the transaction that any dispute has been resolved.

ESC3. Retained Funds are held on trust. We hold only legal title to, and not any equitable or beneficial interest in, the Retained Funds. We will not voluntarily make Retained Funds available to our creditors in the event of insolvency.

ESC4. Our duties as trustee are strictly limited to facilitating payment in accordance with your offer to purchase, or to refund your money if your offer is not accepted or you otherwise become entitled to a refund pursuant to these Terms.

ESC5. You acknowledge you shall not receive interest or other earnings on the Retained Funds, and that any such interest or other earnings will be retained by us as consideration for our services as trustee.

ESC6. Upon any release of Retained Funds, the trust will terminate as it relates to the portion of the Retained Funds so released.

T&C
SPEC

SPEC

Special Terms

T&C-SPEC

Summary:

We sell and ship goods only within Australia, and not to PO or GPO boxes.

All prices are quoted in Australian dollars and include GST where applicable.

Full Text:

Australian sales only

We sell and ship goods only within Australia. We will not make deliveries outside of Australia. Deliveries cannot be made to PO or GPO boxes.

Currency

All prices quoted are in Australian dollars and include GST where applicable.