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Website & Order Terms and Conditions
2.1 In this Agreement:
"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act2010 (Cth);
"Business Day" means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
"Clearance Item" means any Product or Service displayed as discounted by 20% or more from its original price;
"Consumer Guarantee" has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
"Customer" means the person or legal entity listed on the Order purchase invoice or sales document, and includes a Trade Customer;
"Delivery Costs" means the costs associated with delivery and return/retrieval (if applicable) of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, and insurance costs;
"Intellectual Property" means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
"Special Order Item" means a Product that has been ordered specially as per the Customer’s request, custom made or altered to a Customer’s preference.
"Material" means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
"Order" means an order for Products or Services placed by a Customer on, or via, the Site;
"Products" means the products, goods or items listed or advertised on the Site for sale or otherwise;
"Services" means the services listed or advertised on the Site for sale or otherwise;
"Site" has the meaning in clause 1.1; and
"you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.
2.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3. Membership Account
3.1 You may open a membership account with us to become a member of the Site (“Account”) by providing your name, address, telephone number, a valid email address and nominating a password (“Password”). Registration is free.
3.2 If you do not provide accurate and complete details, we may not be able to activate your Account.
3.3 You will receive an email confirming registration with us shorty after you have created your Account via the Site.
3.4 You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.
3.5 You agree that you have sole responsibility for any activity that occurs on your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
4. Site Use
4.1 If you do not provide accurate and complete details on the Site when making an Order, we may not be able to provide Products or Services to you.
4.2 You agree to keep your details, including Account details, if you are a member, current at all times by updating these details via your Account on the Site or by contacting us at firstname.lastname@example.org.
4.3 You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws that apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
4.4 We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
4.5 The Site may contain links to third party websites. Any links to such websites are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
4.6 You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
4.7 Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
4.8 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
4.9 We are under no obligation to discuss the details of an Order with anyone other than the Customer named on the Order purchase invoice or sales document.
5. Legal Capacity
5.1 You must be eighteen (18) years of age or over to register an Account to become a member of the Site, or to Order and/or purchase Products or Services on, or via, the Site. If you are under the age of 18 years (“Minor”), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to use the Site or create an Account in accordance with clause 5.4 of this Agreement.
5.2 If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Order and/or purchase of Products or Services made on, or via, the Site.
5.3 Any Order made by you using this Site and your continued use of the Site is an acknowledgement by you that:
(a) you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to use the Site or create an Account; and
(b) you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
5.4 If you are a parent or guardian permitting a Minor to use the Site or create an Account, you agree to:
(a) exercise supervision over the Minor's use of the Site;
(b) assume all risks associated with use of the Site as outlined in this Agreement;
(c) ensure that all content and information that the Minor may encounter on the Site is suitable and appropriate for the Minor;
(d) assume all liabilities resulting from the Minor's use of our Site and/or their Account;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor;
(f) provide the consents contained in this Agreement on behalf of the Minor.
5.5 We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use this Site.
5.6 We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.
6.1 All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified) and do not include Delivery Costs.
6.2 All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders unless there has been a clear error.
6.3 You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
6.4 To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.
7. Product Specifications
7.1 Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times.
7.2 We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.
7.3 We reserve the right to alter the specifications of Products without notice. Such an alteration does not entitle you to return a Product or cancel an Order unless the alteration is material.
7.4 Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included.
7.5 All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only.
7.6 Slight colour variations in Products displayed on the Site and their actual colour may occur due to the settings and type of computer/mobile device which you are using to view the Site.
8.1 You can place an Order by completing the Order form on the Site and clicking the "Confirm and Process " button. Orders are subject to the availability of Products and/or Services.
8.2 An Order is not accepted or confirmed until we confirm by email with a tax invoice (to your nominated email address as listed in your Account or provided by you while placing an Order):
(a) that payment has been received for the Order;
(b) the Products and/or Services are available;
(c) the Order number; and
(d )that the Order has been processed.
From time to time, emails can be caught in spam. Please check your spam folder for email confirmations from us.
8.3 To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us.
8.4 We operate an online business and we will communicate with Customers or visitors to our Site who make an enquiry primarily via electronic communication. It is the Customer’s responsibility to therefore ensure that the correct contact details are provided and that the nominated email address and phone number are regularly checked for email correspondence or SMS Notifications.
8.5 Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).
8.6 We reserve the right, at our absolute discretion, to:
(a) refuse to sell or to cancel Orders from Customers that request commercial quantities of Products or Services; or
(b) cancel your Order at any time prior to dispatch of the Products, or the provision of the Services, to you.
8.7 If an Order has been cancelled, refused or cannot be met due to unavailability of Products and/or Services, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
8.8 We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to our internet connections or our computer systems.
8.9 Where you have provided an incorrect or incomplete delivery address for your Order and your Order is returned to us, we may redeliver the Order at your request and charge a Delivery Cost for each subsequent delivery attempt.
8.10 We do not guarantee the availability of any Products or Services displayed or ordered on, or via, the Site.
9.1 You can pay for your Order using any of the methods specified and made available on the Site (each a “Payment Processing Service”). A surcharge may apply to payments made by credit card depending on the credit card used.
9.2 By placing an Order and using a Payment Processing Service, you agree to be bound by the terms and conditions of the respective Payment Processing Service you selected. As a condition of using a Payment Processing Service, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Service.
9.3 Payment for all Orders will be processed immediately at the time they are submitted.
9.4 You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
9.5 If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols it will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.
10. Delivery and Ownership of Products
10.1 We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.
10.2 For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third party couriers or suppliers. This includes any delays caused by the COVID-19 pandemic. Specifically, any made to order Sofa may occur additional lead times due to local manufacturing and delays with materials. We will update our clients with these delays on a weekly basis. Customer sofa orders can not be cancelled.
10.3 By using this Site and/or purchasing any Product YOU ACKNOWLEDGE THAT THE CURRENT COVID-19 PANDEMIC, AND ANY MANDATORY GOVERNMENT ACTION THAT IS TAKEN IN CONNECTION WITH IT, MAY RESULT IN DELAYS TO ESTIMATED DELIVERY TIMES AND THAT YOU ARE NOT ENTITLED TO ANY REFUND OR CANCELLATION IF PRODUCTS ARE STILL DELIVERED WITHIN A REASONABLE TIME FRAME.
10.4 You will receive a dispatch confirmation email with your tracking details (if available).
10.5 Where the scheduled dispatch of a Product is delayed by more than four weeks, we will notify you by email, phone call, or SMS Notification.
10.6 We will not deliver Products to PO Box addresses or post restante addresses.
10.7 We will not deliver Products to addresses outside of Australia.
10.8 Delivery Costs will vary depending on the Order you have made, the method of delivery, the location (including its difficulty) for delivery and any taxes or duties that may be charged in relation to delivery of the Order.
10.9 We may require you to contribute additional reasonable Delivery Costs for rural deliveries.
10.10 Orders must be paid in full before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced Products or for delivery of any Order to an unintended recipient as a consequence of incorrect details.
10.11 You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:
(a) any and all included insurance cover (if any) will be voided; and
(b) title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.
10.12 The delivery date and time will vary in accordance with the nominated courier.
10.13 We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery at the nominated time for delivery.
10.14 Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.
10.15 We will dispatch in-stock Products within two to four Business Days of an Order being confirmed unless otherwise specified on the Site.
10.16 If you have Ordered multiple Products with different expected dispatch dates, the Order will be not be delivered until the final Product becomes available for delivery. Extra Delivery Costs will be incurred by you if you request multiple deliveries in this case.
10.17 We reserve the right to charge extra Delivery Costs for Customers who require a two-person delivery, assembly, or rubbish removal.
10.18 From time to time, Products are supplied by different warehouses and so may be delivered separately at different times.
10.19 When submitting an Order, you may select to pick up your Products from our Melbourne warehouse rather than have them delivered. This may require you to physically assist the warehouse staff in loading the Product into your vehicle (“Melbourne Warehouse Pick Up Products”). Such assistance is required under this delivery option by Occupational Health and Safety requirements. This requirement is stated clearly multiple times on our Site. We are not liable for Customers who do not read this information at the time of purchase.
10.20 The following conditions apply to Melbourne Warehouse Pick Up Products:
(a) we will hold the Product for up to 3 months from the date that we send you notification that the Product is ready for pick up (“Pick Up Date”).
(b) you must arrange a booking time to collect your Order within 24 hours of receiving your collection email. Bookings are made by calling 1300 492 098 or emailing email@example.com. any Melbourne Warehouse Pick Up Products which have not been picked up within 90 days of the Pick Up Date will incur a $75 per month storage fee.
(c) Melbourne Warehouse Pick Up Products that have not been collected within six months of the Pick Up Date will be put back into stock to be resold. If, after reasonable attempts have been made to contact you on the details provided by you on your Order or listed in your Account, we are not able to contact you, the Order fee will not be refunded. We will provide a credit note for the amount of the Order fee if you contact us and request one within one year of the Pick Up Date.
10.21 The following conditions apply to all customers who require orders to be held due to the timeline of a new build or move-in date.
a) Maximum 3 month hold free-of-charge (for in-stock items/when a full order)
b) For items that have a lead time, the 3 month hold period commences once all stock is physically in the warehouse.
c) A $75 per month storage charge will apply for any items remaining in the warehouse beyond the 3 month free-of charge period.
11. Discounts and Promotions
11.1 Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount (“Discount Code”).
11.2 If a valid Discount Code is entered at the checkout, it has the effect of applying a discount solely across the cost of the relevant Products. Any associated Delivery Costs will be unaffected by the Discount Code and payable at the ordinary rate.
11.3 Discount Codes cannot be used:
(a) any Products excluded at the time;
(b) in conjunction with any other promotion, Discount Code, Spend & Save Discount or to a Clearance Item; or
(c) retrospectively to a confirmed Order.
11.4 We may run spend and save promotions on our Site from time to time where Customers can apply a Discount Code at the checkout page on the Site to access different tiers of discounts depending on the total Order cost (“Spend & Save Discount”).
11.5 A Spend & Save Discount can only be applied to a single Order and cannot;
(a) be used in conjunction with any other Discount Code, promotional discount or sale price reduction; and
(b) be applied retroactively to a confirmed Order, or be applied cumulatively over more than one Order placed by the same Customer.
11.6 If you cancel or return a Product that was part of an Order subject to a Spend & Save Discount, the relevant discount tier will be adjusted or removed.
12. Free Shipping
12.1 We may run free shipping promotions from time to time for our standard delivery service, which does not include placement inside the address, assembly, or rubbish removal (“Free Shipping”).
12.2 Free Shipping can only be applied to Orders for full priced Products unless otherwise specified by us.
12.3 We may require you to contribute reasonable Delivery Costs if your location is deemed regional, rural or where there is limited service from our courier network..
13. Gift Vouchers
13.1 Gift vouchers for our Products and Services are available for purchase on the Site. They are not redeemable for cash, no change will be given and any balance that remains can only be used in whole or part for future Orders with us (“Gift Vouchers”).
13.2 Gift Vouchers are subject to an expiry date issued at the time they are purchased. The holder is responsible for using the full value of the Gift Voucher before the expiry date. Any unused balance will not be refunded or credited after the Gift Voucher expires.
13.3 Where the cost of an Order exceeds the available Gift Voucher balance, the holder will be required to pay any balance at the time of the Order.
14. Trade Customers
14.1 Approved design and trade professionals will benefit from an exclusive pricing discount of up to 25% on Products (“Trade Customer”). To register as a Trade Customer, you must submit an application form available for download on the Site, be approved by us, and register to the Site for a Trade Customer Account.
14.2 By registering as a Trade Customer, you agree to be part of our Trade Customer database, which includes receiving promotional content from us relating to discounts and trade events hosted by us.
14.3 The Trade Customer discount cannot be used on a Clearance Item, or in conjunction with any other Discount Code or Spend & Save Discount.
15.1 Products are covered by our 12 month standard warranty (“Standard Warranty”), unless a longer period is stipulated on the Site (“Extended Warranty”), together the (“Warranties”).
15.2 To the extent permitted by law, the Warranties are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise, including implied warranties with respect to merchantability and fitness of purpose) and all such terms, conditions and warranties are expressly excluded.
15.3 We will carry spare parts for a Product during the Standard Warranty period and do not guarantee the availability and are under no obligation to carry spare parts beyond the Standard Warranty period.
15.4 Certain legislation may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which we are able to do so, its liability will be limited, at its option to the replacement of the Products or resupply of equivalent Products; repair of the Products; payment of the cost of replacing the Products or acquiring equivalent Products.
16. Consumer Guarantees
16.1 Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.
16.2 To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.
16.3 To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products or Services Ordered by you on, or via, the Site where:
(a) the Products are damaged through misuse, accident or abnormal use; or
(b) the Australian Consumer Law or any manufacturer’s warranty does not apply.
16.4 Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.
17. Faulty or Damaged Goods
17.1 If a Product is damaged, incorrect or faulty, you must contact us within 24 hours of delivery at firstname.lastname@example.org or by submitting this form to arrange your return or exchange. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Product to the manufacturer or us.
17.2 We request that you closely inspect all products immediately on delivery and report any damaged or faulty Products to us within 24 hours of delivery.
18. Refunds and Returns
18.1 Refunds and replacements for Products may only be received in accordance with this clause 18.
18.2 You are only entitled to a replacement if a Product is:
(a) damaged, incorrect or faulty on delivery and you have followed the process in clause 17;
(b) in breach of a Consumer Guarantee; or
(c) in breach of a Warranty,
and repair is not possible.
18.3 You are only entitled to a refund if:
(a) the problem with the Product is major and in breach of a Consumer Guarantee; or
(b) the Product is returned in accordance with the 7 Day Money Back Guarantee set out in clause 18.4.
(a) a return is requested in writing within 7 days of receipt of delivery (if there is no receipt of delivery, the delivery date will be deemed to be three Business Days after the date that the Product was dispatched);
(b) the Product is not a Special Order Item or a Clearance Item;
(c) the Product is not returned because of any fault or damage or due to your failure to properly measure items before purchasing the Product; and
(d) the Product is returned in accordance with this clause 18, including the conditions in clauses 18.6 - 18.11,
we will refund the Product fee, less the Delivery Costs (including associated retrieval costs) (“7 Day Money Back Guarantee”).
18.5 For the avoidance of doubt, Clearance Items, Special Order Items and damaged or faulty Products may not be returned under the 7 Day Money Back Guarantee.
18.6 To be entitled to a refund or replacement, Products must be returned with proof of purchase, be in their original packaging, contain all parts, accessories and manuals, and be in a re-saleable condition. If you are returning Products due to a fault or defect under a Consumer Guarantee or Warranty, you may return the Products without their original packaging.
18.7 It is the Customer’s responsibility to ensure that returned Products are returned safely and within 14 days from the date of receipt of delivery, or in the case of a breach of a Consumer Guarantee or Warranty, that we are notified of this and are given an opportunity to respond to you with a procedure for returning the Products. We accept no responsibility for Products lost in transit.
18.8 You are liable for the Delivery Costs of both delivery and retrieval of any returned Product including for a Product that was purchased with Free Shipping.
18.9 Where you are returning Products to us because of our failure to comply with a Consumer Guarantee or Warranty, we will cover the Delivery Costs of retrieving the returned Products.
18.10 Customers who are permitted to receive a refund will have the refund processed using the same Payment Processing Service and to the same bank card as used in making the Order.
18.11 Except for refunds under clause 18.9, the Delivery Cost including retrieving the returned Product will be deducted from the refund amount.
19. Intellectual Property
19.1 You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
19.2 You may access and use the Site (including Intellectual Property Rights contained therein). You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.
19.3 By uploading, posting, transmitting or otherwise making available any content or material via the Site ("Your Content"), you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
(b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
19.4 We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.
19.5 You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
20. Linking to the Site
20.1 You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
20.2 You must not establish a link to the Site from any website that is not owned by you.
20.3 This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
21.1 You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.
22.1 To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Material, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.
22.2 Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Product in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
22.3 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.
23.2 You consent to us contacting you via SMS for the purpose of communicating updates, changes or notifications in relation to your Order, and marketing purposes (“SMS Notifications”).
24.1 We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
24.2 Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
24.3 Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
24.4 A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
24.5 This Agreement is governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.