Use of Website
In these terms and conditions the expressions–
- “we”, “us” and “our” are a reference to Seadan International (Australasia) Pty Ltd ACN 006 711 673 (the website owner) and/or any related entity of that company; and
- “you” means any user of this Website.
Changes to Terms and Conditions
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately on notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the amended Terms and Conditions.
You may offer to purchase goods described in, and for the price specified on, this Website.
Your order must contain your name, postal address, phone number, e-mail address, credit card details and any other ordering information requested on this Website.
Confirmation of your purchase will be sent to your specified e-mail address once your payment has been cleared.
You may not cancel an order once it has been submitted, even if our confirmation e-mail is still pending.
The goods are offered for sale only to persons who can make legally binding contracts.
Payment and Price
Payment must be effected by credit card using the ordering facility on this Website.
Prices are inclusive of goods and services tax, unless otherwise stated. In all other respects, the price is exclusive of taxes, duties, and charges imposed or levied in Australia or overseas in connection with the supply of goods or services which you must pay separately.
Cancellation due to error or unavailability
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information, or which may be unavailable due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the goods to you.
If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Delivery of goods ordered from this Website will be effected in the manner described on this Website.
Title to the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods passes to you upon delivery.
Disclaimer and limitation of liability
We do not accept responsibility for any loss or damage of any kind and however caused (including through negligence) which you may suffer directly or indirectly in connection with your use of this Website or any linked website. We do not accept any responsibility for any such loss arising out of your use or any unauthorised use of or reliance on information contained on or accessed through this Website.
To the extent permitted by law any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded. Where legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following –
- if the breach relates to goods (at our discretion) either –
- the replacement of the goods or the supply of equivalent goods.
- the repair of the goods.
- the payment of the cost of replacing the goods or acquiring equivalent goods or
- the payment of the cost of having the goods repaired.
- if the breach relates to services (at our discretion) either –
- the supply of the services again.
- the payment of the cost of having the services supplied again.
The disclaimer incorporated in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if and to the extent such liability cannot be lawfully excluded.
You must ensure that your access to this Website is not illegal or prohibited by any laws which apply to you.
You must take your own precautions to ensure that the process which you employ to access this Website does not expose you to the risk of viruses malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
Whilst we have no reason to believe that any information contained on this Website or accessed through your use of this Website is inaccurate we do not warrant the accuracy adequacy or completeness of such information nor do we undertake to keep this Website updated. We do not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Website.
Responsibility for the content of any information available through any hyperlinks to other websites rests solely with the owners of those websites. The placement of any hyperlinks on this Website does not constitute a recommendation or endorsement by us of any information products or services available through such hyperlinks. The owner of each website to which a hyperlink directs you is solely responsible for any representations made in connection with the information incorporated in that website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or date or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
You indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these Terms and Conditions either by you or by any person using your password and / ID (if applicable), whether or not you have authorised that person to use your password and / or ID.
Copyright in this Website including (but not limited to) all text graphics logos icons sound recordings and software is owned or licensed by us. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location and except as expressly authorised by these Terms and Conditions you may not without our written permission in any form or by any means –
- adapt reproduce store distribute print display perform publish or create derivative works from any part of this Website or
- commercialise any information products or services obtained from any part of this Website.
Except where otherwise specified any word or device to which is attached the ™ or ® is a registered trade mark.
If you use any of our trade marks in reference to your activities products or services you must include a statement attributing that trade mark to us. You must not use any of our trade marks –
- in or as the whole or part of your own trade marks.
- in connection with activities products or services which are not ours.
- in a manner which may be confusing misleading or deceptive.
- in a manner that disparages us or our information products or services including this Website.
Unless we agree otherwise in writing you are provided with access to this Website only for your personal use. You are authorised to print a copy of any information contained on this Website or accessible by your use of this Website for your personal use, unless such printing is expressly prohibited. You may not without our written permission on-sell any information obtained from this Website.
This Website may contain hyperlinks to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement approval or recommendation by us of the owners or operators of those linked websites or of any information graphics materials products or services referred to or contained on those linked websites.
No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of any information which you may transmit to us. Any information which you may transmit to us is transmitted at your own risk. Once we receive your transmission we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this Website may be terminated at any time by us without notice. Our Disclaimer will survive any such termination.
These Terms and Conditions are governed by the laws in force in the State of Victoria Australia. You agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, including the Federal Court sitting in Victoria, and any courts that may hear appeals from those Courts about any proceedings in connection with these Terms and Conditions
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.