IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
Welcome to 10 Life (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our website constitutes your agreement to all such Terms.
Our website is owned and operated by 10 Life (Ten Life) with its office located in Perth, Western Australia. Our website provides an online platform through which users/buyers/customers (hereinafter referred to as “You”, “Your”) will have the opportunity to buy men’s fashion clothing and other such products ie; skincare (hereinafter referred to as “Items” or “products”) (collectively, the “Services”).
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
All products/services and information displayed on our website constitutes an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. We reserve the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of our website prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
1. ELIGIBILITY OF MEMBERSHIP:
1.2 Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
1.3 Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
2.1 No services are available for use, unless you are a registered user. You shall be required to create an account with us in order to become a registered user (“User” or “member”). In order to avail our services you shall be required to create an account with us. In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account”).
If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.
You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
a) In order to use the Website and/or the Services, you must register for an account with us (an “Account”) and provide certain personal information including personal information such as name, email address, contact number and password.
b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. 10 Life website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
2.2 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
2.3 When creating an Account, do not:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
2.4 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
2.5 You may not transfer or sell your 10 Life account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
2.6 Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
2.7 One individual can own only one account in his/her name.
2.8 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
3.1 We provide subscription based services for which payments are to be made on monthly basis.
3.2 The Service is designed to provide men with great clothes. You will have access to our monthly collections. No item is guaranteed if it goes out of stock/out of size, and the featured monthly items will only be available in that package for that month. The registered Users will be able to buy past items from our store, when available and not always, which they did not receive from previous months.
3.3 We gather information such as user’s shirt size, pants size, shoes size, color options etc. It is at your discretion to ensure the information regarding your sizing is as true and accurate as possible. Our package choices are derived from a package overview, which you are aware of when ultimately choosing your package upon signup. Each month we show an example to each person based on their preferences provided to us on our site with a few options to change. Failure to choose from the options by the specified date, results in a pre selected outfit of our choice being sent to you for that month, with no option to return styles.
3.4 Outfit options will be available for your selection during the 20th and 30th of the month in the lead up to the following month. Example: February’s selections will be displayed between the 20th and 30th of January. You have the option to login to your account and choose your preference. Note there are limited size runs in each of the selected style. If you login and the style you prefer is no longer in your size, you agree to accept the alternative option or a store credit. If you would like a store credit over the alternative option, you are to notify email@example.com by 11:59pm (West Australian Time) on the 25th of the relevant month. If you do not login to your account and select your preferences before the 25th 11:59pm WA Standard time, you will automatically be sent an outfit of our stylists choosing from the options provided, with no option to change/return styles – only size exchange.
4. BILLING, PAYMENT & CREDIT CARD INFORMATION:
When you place your first order your payment method will be used for use on all future purchases via our merchant debit system (Braintree). Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card/bank details unless you notify us in advance by emailing at firstname.lastname@example.org. We accept Visa, Mastercard and PayPal as forms of payment.
If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, Please ensure to contact us immediately to update your details and ensure you are still receiving the products on a monthly basis. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us. Upon initial sign-up you agree to a one month minimum sign-up period, unless alternatively specified directly by us. Should you wish to temporarily pause or suspend your membership, this may be allowed at no extra cost to you. You will have to notify us via email at – email@example.com that you wish to pause your membership. Unless specified otherwise, we will assume your pause period is for one (1) month only. Following the month of paused membership – we will automatically resume your subscription as normal.
Please note Members who opted in via a promotion will meet the terms of that specific promotion.
The maximum pause period is three (3) months, unless agreed upon separately in unique circumstances by yourself and our accounts department. If you have not specified any additional length of time, and you surpass your pause period of three (3) months, your membership will have deemed expired and you will need to reinstate your account. If you pause your account within the first three (3) months of your subscription, and the pause period lapses, your card details will be charged the 50% of the value of the outstanding months.
5. BILLING CYCLE:
All members will be billed once upon initial sign up and then all payments will recur on the 1st of every month for the package they are receiving..
For example – the close off date in each calendar month to receive the following month package is 11:59pm (Western Australian time) on the 30th of the month prior to receive the following months package.
If you register on the 30th of December before 11:59pm (Western Australian time) – you are eligible for the January package. You will be charged your subscription fee upon sign up then you will have a recurring payment debited on the 25th of every month following.
We will notify you of your monthly options for your February package in the middle of January (15th – 25th of each month) where you have the option to choose from the selections we have allocated you. The cut off for clothing selections and receipt of payment for the February package will be the 25th of January.
6. RETURN POLICY; SHIPPING:
6.1 You may only size exchange any item you receive through the Service within fourteen (14) days of your package being delivered. Items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging when returned to us. We will only accept returns based on a sizing issue. You will receive a credit that can be used at the online store, if the alternative size you require is unavailable. The value of the credit will depend on the item being returned and will be derived from the accounts department. The credit is valid for 60 days only. If your online store credit expires it is considered void and you forfeit the funds to us.
6.2 You may cancel your subscription at anytime, you are in control. Members who have opted in via any promotion will have agreed to the terms described in that promotion. All memberships must be cancelled on or before the 15th day of the month. This is due to how our system works with our payment cycle, packaging and shipping.
6.3 We will make reimbursement without undue delay i.e; within a period of thirty (30) days.
6.4 We offer a controlled returns policy for sizes to make your online shopping experience easy and understandable. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.
6.5 Shipping is not available to all locations. Members will be charged fees for return shipping for incorrect order placement, except in special circumstances (where we will give you advance notice). Pre-paid shipping stickers for returning items will be available to you in via email if so needed. We will send this pick up barcode attach it to your box and our courier will pick up the next available business day
7. COLOURS AND PRODUCT DESCRIPTION:
7.1 We have made every effort to display as accurately as possible the colours of our products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
7.2 All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
7.3 Our website attempts to be as accurate as possible. However, our website does not warrant that product descriptions or other content of the site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, please contact our customer service department at firstname.lastname@example.org.
8. FRAUDULENT/DECLINED TRANSACTIONS:
8.1 Our website reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
8.2 We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
9. YOU AGREE AND CONFIRM:
9.1 That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
9.2 That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
9.3 You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
9.4 That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
9.5 That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
9.6 That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
9.7 You shall at all times ensure full compliance with the applicable provisions including International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service.
9.8 It is possible that other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, and will try to minimize and avoid such occurrences where possible, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
10. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
10.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, including defamation.
10.2 Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
10.3 Interfering with any other person’s use or enjoyment of the Site.
10.4 Breaching any applicable laws;
10.5 Interfering or disrupting networks or web sites connected to the Site.
10.6 Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
10.7 Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of more than six (6) months, or to modify or discontinue our site, services.
11. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
11.1 We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
11.2 This website will not be liable for delays resulting from incomplete address. In such cases the customer will have to bear the reshipping charges.
12. REVIEWS, FEEDBACK, SUBMISSIONS:
12.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
12.2 We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
12.3 Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. You agree any derogatory or defamatory statements made towards/about this website and/or its contents could result in legal action being taken against you. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
13. COPYRIGHT & TRADEMARK:
13.1 Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of 10 Life’s or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
13.2 The 10 Life names and logos and all related product and service and our slogans are the trademarks or service marks of 10 Life. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
13.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by Australian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Australian and international Copyright laws.
13.4 We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at email@example.com
14. OBJECTIONABLE MATERIAL:
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, We and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Additional charges for breaking the mentioned agreements in these terms will be applied. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to us. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our rights to any Comments shall survive any termination of this User Agreement.
17. LIMITATION OF LIABILITY AND DISCLAIMERS:
17.1 The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
17.2 The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
17.3 We believe that all the customers who order online are aware that colors seen on a monitor will be slightly different as compared to the actual products ordered. All color options offered on the net is an exercise to provide our customers with the maximum available choice. A slight variation in the shade selected by you is considered as a normal practice as these products have a tendency to reflect different shades of a color under different light and medium. Patterns and motifs in the fabric might vary slightly depending on the availability and therefore, we will not consider any received or furnished order cancellation or exchange for this reason.
17.4 Sizing across different brands is inevitably and unavoidably going to be slightly different. This is considered to be understood by you as a consumer. Sizing charts will be provided to assist you in discovering the best fit for you, should you require assistance. Even following the use of these charts, it is again deemed to be understood by you, that ultimately not all sizes you receive will always be true to size.
18. GOVERNING LAWS AND JURISDICTION:
18.1 This User Agreement shall be construed in accord with the applicable laws of Australia and the Australian Arbitration laws regardless of your physical location.
18.2 The Courts at Western Australia have exclusive jurisdiction in any proceedings arising out of this agreement.
19. DISPUTE RESOLUTION:
19.1 Any dispute or difference whatsoever arising out of or in connection with these Terms shall be submitted to Arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Expedited Commercial Arbitration Rules. For disputes in which the quantum is less than $50,000.00, Arbitration shall take place using the submission of documents alone unless both parties agree otherwise.
19.2 Any dispute or difference whatsoever arising out of or in connection with these Terms shall be and is hereby submitted to arbitration in accordance with, and subject to, the UNCITRAL Arbitration Rules. The appointing and administering body shall be The Institute of Arbitrators & Mediators Australia (IAMA). There shall be one Arbitrator, the language of the Arbitration shall be in English, and the place of the Arbitration shall be Perth, Western Australia, Australia which governs these Terms and any dispute of any sort that might arise between you and us relating to these Terms.
19.3 If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Terms will continue to be in full force and effect. All legal action or litigation shall be handled and agreed on during an arbitration hearing only, and the arbitrator shall decide the outcome of the litigation or legal action. All parties agree to comply with this statement and the above jurisdiction statement.
20. SITE SECURITY:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
22.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
22.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
22.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
23. LEGAL COMPLIANCE
23.1 In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
23.2 You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in Australia and all other countries.
23.3 You should comply with country, state and federal regulations.
24. RISK OF LOSS:
All items purchased from our website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
25. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.
26. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
28.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
28.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
29. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
30. DIGITAL SIGNATURE:
30.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
30.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
30.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
30.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support. Failure to comply with these terms may result in your account being suspended or terminated.
31. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
32. CONTACT US:
For any further clarification of out Terms and Conditions, please write to us at firstname.lastname@example.org