Website Terms and Conditions

These terms and conditions apply to the access and use of this website.

1. Definitions and terminology

1.1. In these terms and conditions:

(a) a reference to "we", "us" and "our" (or any cognate expression) is a reference to SOLUTIONS2YOU PTY LTD (ACN 634 648 089); and

(b) a reference to “you” or “your” (or any cognate expression) is a reference to any user of this website;

2. Acceptance of these terms and conditions

In accessing and / or using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. If you continue to use this website, then you are taken to have agreed to these terms and conditions.

3. Amendments to these terms and conditions

We may amend these terms and conditions from time to time. Amendments will be effective immediately upon update to this website, without further notice to you.

4. Accessing this website

4.1. You must take appropriate precautions to ensure that the steps and processes you use to access and use this website does not expose you to malicious computer code (such for example viruses and phishing etc) or other forms of interference that may damage or interfere with your computer, software, data and information (including personal information) (the “system”). For the avoidance of doubt, we do not accept responsibility for any interference or damage to your system that arises as a result of or in connection with your access to and use of this website.

4.2. We do not represent or warrant that we are permitted to provide the goods and/or services and/or information provided on this website in any jurisdiction other than Australia. You must ensure that your access to or use of this website is not illegal or prohibited by laws which apply to you.

4.3. We may terminate access to this website at any time and without notice.

4.4. No data transmission over the Internet can be guaranteed as totally secure. Whilst we take reasonable steps to protect information within our network, we do not warrant and cannot ensure the security of any information that you transmit to us via the internet. Accordingly, any information which you transmit to us is transmitted at your risk.

4.5. Unless we permit ‘guest checkout’ services, you must have a valid user account in order to purchase a good and / or service (Services) made available via this website.

5. Website user account

5.1. To open and transact via a user account you need to give us with certain information (including Personal Information) we specify (from time to time). In connection with your user account:

(a) you must not impersonate any other person or entity;

(b) you must supply accurate information that is not misleading or deceptive or likely to mislead or deceive (at the time of your application and whenever you place an order with us) and you must promptly update the information supplied if / when it changes (by contacting us);

(c) your user account does not grant you any proprietary right or interest in our website or its content and you do not acquire any goodwill in our website or its content;

(d) we may, at any time, suspend or cancel your user account (with or without giving reasons);

(e) you will not share your username or password with any other person or allow any other person to login to our website; and

(f) you are responsible for protecting the secrecy of your username and password (your user account); and you must tell us immediately upon becoming aware that your user account / password is compromised. Our recommendation is to use a password that includes a number, an upper case and lower case letter as well as at least one symbol (e.g. such as % # ! etc)

6. Copyright

6.1. Copyright in this website and all content included or made available via this website (including, without limitation, text, graphics, logos, icons, sound recordings and software) is either owned by or licensed to 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 in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information, products or services obtained from any part of this website,

without our prior written consent (which may be withheld in our absolute discretion).

7. Trademarks

7.1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

7.2. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

(a) in or as the whole or part of your own trademarks;

(b) in connection with activities, products or services which are not ours;

(d) in a manner that disparages us or our information, products or services (including this website).

8. Document Services

8.1. Subject to these terms and conditions and your payment of all applicable fees and charges, we will allow you to access and use Document Services on a non-exclusive and non-transferable basis.

8.2. It is a condition of your access to and use of the Document Services that:

(a) you will not allow anyone other than yourself to access and use the Document Services;

(b) you will not distribute, sell or otherwise make the Document Services available to any third party;

(d) you will not use the whole or part of any of the Document Services in an unlawful manner, including for any anti-competitive purpose, or to create, reproduce, distribute or publish any material which is defamatory or otherwise unlawful;

(e) you will not modify, adapt, translate, decompile, decipher, disassemble, reverse engineer or otherwise decrypt the whole or any part of the Document Services or create derivate works of the Document Services;

(f) you will not use the Document Services or exercise any copyright in respect of the Document Services other than as expressly permitted under these terms and conditions;

(g) you will not make any changes or modifications to, or create derivate works, based on the whole or any part of the Product;

(h) you acknowledge and agree that the Document Services is provided on an “as available” and “as is” basis;

(i) you acknowledge and agree that we are not qualified nor do we provide any legal or other regulated advise or services in relation to or in connection with the Document Services;

(j) you acknowledge and agree that you will obtain appropriate legal, financial and other professional advise in relation to the Document Services before you make use of the relevant form / document.

We have expressly relied your acknowledgments in (in particular) these provisions in order to grant you access to and use of the Document Services.

9. If you supply content - Document Service

9.1. If you input any content in connection your use of the Document Services:

(a) you are responsible for your content including for checking the accuracy and completeness of the content;

(b) you confirm the content complies with all applicable laws;

(c) you confirm the content is not fraudulent, defamatory and does not infringe upon the Intellectual Property Rights, the Privacy Rights or any other rights of any person;

(d) to the extent necessary, you confirm you have procured both for yourself and us, all licences, clearances, permissions, consents and releases (and in writing) in respect of any content that is the subject of third party Intellectual Property Rights;

(e) to the extent necessary, you assign (royalty-free) all assignable Intellectual Property Rights (including third party Intellectual Property Rights) in the content; and

(f) you will not insert viruses, HTML, Java and SQL injection, and other similar intrusive programs into the Document Services.

10. Goods and Services

10.1. You may offer to purchase a good and / or Service described on this website for the price specified on this website. You may not cancel your offer once it has been submitted, even if our acceptance or rejection of your offer is still pending.

10.2. An order placed for a good and / or Service described on this website is not taken to be accepted by us, until it is both processed and approved by us. Orders placed on a weekend or a public holiday in NSW, Australia, are unlikely to be processed until the next business day in NSW. An order will not be processed until we receive payment for the relevant good and / or service in full.

10.3. If we reject your offer to purchase a good and / or Service described on this website, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

10.4. You acknowledge that despite our reasonable precautions, a good and / or Service described on this website may be listed at an incorrect price or with incorrect information due to a typographical error or 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 relevant good or supply of the relevant Service to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will promptly issue a refund to you (to the account from where the payment originated).

10.5. Unless we expressly state otherwise, we give no undertaking as to the availability of a good and / or Service described on this website as availability can change including as a result of circumstances outside of our control. If timing is important to you, please contact us to discuss your requirements before submitting your order.

10.6. Delivery of any goods to you will be made in the manner described on this website and we may, if necessary, split the delivery depending on the availability of relevant goods.

10.7. Title in the goods does not pass to you until payment has been received in full. Risk of loss or damage to the goods passes to you upon dispatch of the goods. Unless we otherwise agree, we do not insure the goods from dispatch and you should obtain your own insurance with respect to loss and or damage to the goods from dispatch and whilst in transit.

11. Returns and other policies

11.1. We do not provide refunds (for goods or Services) simply because you change your mind or made an incorrect choice. Please choose carefully and if you are in any doubt, please contact us to discuss your requirements before submitting your online order. We may, prior to dispatch of the relevant good, make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable and do not contravene the Australian Consumer Law.

11.2. Whilst we strive to display the colours of our goods as accurately as possible, the colours you see may depend on the type / quality of your system. Accordingly, we cannot guarantee that your monitor’s display of colour will be an accurate depiction of the actual colour of the good selected. If you are unsure about a particular good specification or if the colour is important to you, please contact us to discuss your requirements before submitting your order.

12. Postage and delivery

12.1. The terms of this clause 12, apply where you select to have your goods delivered to a specified address in the order.

12.2. The delivery address must be an address within Australia and cannot be a freight forwarding location or a PO Box address.

12.3. If we process / accept your order and it has been paid in full, we will (unless we expressly state otherwise) usually dispatch your order within 1 Business Days of the date we process your order. If you order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery. You will be required to be available in person to accept delivery of your order. If you wish to change the delivery date or delivery address you must tell us at least 1 Business Day prior to the dispatch of your order.

12.4. We will use our best endeavours to deliver your order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes including factors outside of our control. We will not accept responsibility for delivery failures or delays by third party delivery contractors.

12.5. For large and bulky items, you must advise at the time you place your order via the website or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

12.6. Inspection of the good

The following provisions apply to the sale of goods.

12.7. You must inspect the good as soon as practicable after delivery to you, and you must promptly tell us if you believe the good is in any way, damaged, defective or faulty. You must take care when removing the good from the packaging so as not to damage the good.

12.8. If, immediately following delivery of the good to you, you tell us that the good is damaged, defective or faulty then you agree:

(a) to keep the good (and the original packaging) in the condition you found it;

(b) to supply us with proof of purchase of the good from us;

(c) to provide sufficient detail and information describing the nature of the damage, defect or fault and any other information we or the manufacturer reasonably requires (we may require you to take photos of the good and supply those photos electronically to us);

(d) to make it available for physical inspection by us, our nominee, the manufacturer or its nominee (the “inspection centre”);

(e) at your cost, to send the good (in its original packaging) to the relevant inspection centre (we will tell you where the good needs to be sent at the time); and

(f) that you may be required to pay a service and / or inspection fee (the “inspection fee”) specified at the time, for the good when you deliver it to the inspection centre. The inspection fee may only be refunded to you if it is found that the good was (prior to dispatch to you) damaged, defective or faulty (in the case of defect or fault, being within the relevant warranty period applicable to the good). In the case of damage to the good, the damage must have occurred prior to dispatch of the good to you. We do not accept any responsibility for damage to the good after dispatch to you or during transit. You should insure the good whilst in transit unless we have agreed in writing to insure the good in transit for you (at your cost).

12.9. We have no liability to you whatsoever if we or an inspection centre find that the good:

(a) was misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

(b) involved in any accident or damage caused by an incorrect attempt at modification or repair; or

(d) deteriorated through normal wear and tear.

We will not in those circumstances repair, replace or refund the purchase price for the good. You may, at your cost, collect the good from the inspection centre.

13. Links to other websites

13.1. This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

13.2. 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, unless and to the extent stipulated to the contrary.

14. Indemnity

14.1. To the maximum extent permitted by law:

(a) you indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions;

(b) You indemnify us, against any bank fees and charges that arise from any dishonoured payments and any legal or other debt collection costs we incur in order to obtain payment of any amounts payable by you; and

(c) any overdue amounts you owe us will incur interest at the rate of 9% p.a. calculated daily on the outstanding amount until payment is made in full.

15. Withholding

15.1. If you are required by law to deduct or withhold taxes from a payment you make to us, you must:

(a) make that deduction or withholding (and any further deductions or withholdings contemplated by the paragraph below), pay to the appropriate government agency an amount equal to the full amount deducted and/or withheld as required by law and give us the original receipt for the payment; and

(b) pay additional amounts to us which will result in us receiving at the time the payment is due (after deduction or withholding of any taxes in respect of any additional amount) the full amount which we would have received if no deduction or withholding had been required.

16. Limitation of our liability

16.1. Subject to paragraph15.2 and 15.3, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website (whether or hyperlink or otherwise), nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

16.2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby 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:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

16.3. Despite any other provision in these terms and conditions to the contrary, nothing in these terms and conditions attempts or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

17. Website commercialisation

You may not without our prior written consent on-sell or commercialise in any way our website including any content (including links to other websites).

18. Governing law

These terms and conditions are governed by the laws in force in NSW, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of NSW, Australia (and any court of appeal) and you waive any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

19. Severability

A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.

20. Pricing

Any pricing published on the website is, among other provisions referred to above, subject to change without notice.

21. GST

Unless otherwise specified, all amounts quoted are exclusive of GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

22. Force majeure

We are not liable for any failure to perform or any delay in performing our obligations under these terms and conditions if that failure or delay is due to anything beyond our reasonable control. These events may include (without limitation) disruption to postal, delivery and transportation, payment systems, communication systems and the internet.

23. Consent and waivers

A consent or waiver by us is effective only if in writing. If given subject to conditions, the consent or waiver only takes effect when the conditions are complied with to our satisfaction.

24. Other interpretation provisions

24.1. No rule of construction applies to our disadvantage merely because we were responsible for the preparation of, or sought to rely on, these terms and conditions or any part of it.

24.2. In these terms and conditions (unless otherwise extremely stated):

(a) Intellectual Property Rights means all intellectual property and proprietary rights (whether registered or unregistered) including business names; trade or service marks; any right to have information (including confidential information) kept confidential; and patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, databases, know-how, logos, designs, design rights, copyright and similar industrial or intellectual property rights.

(b) Privacy Rights means the privacy rights under all applicable legislation (State and Commonwealth) including the Privacy Act 1988 (Cth) and all applicable regulations.

24.3. In these terms and conditions (unless otherwise extremely stated):

(a) the singular includes the plural and vice versa;

(b) headings are for convenience only and do not affect interpretation;

(d) a reference to a party to this document includes that party's successors and permitted assigns;

(e) a reference to a user, party or person includes a company, legal entity or body of persons;

(f) a reference to a deed, document or agreement includes that deed, document or agreement as novated, amended, altered or replaced;

(g) a reference to anything includes the whole or any part of that thing and a reference to a group of things or persons includes each thing or person in that group;

(h) dollars and $ or A$ refers to Australian currency unless otherwise specified;

(i) words implying natural persons include partnerships, bodies corporate and associations;

(j) a reference to legislation or statutory instrument or a provision of any legislation or statutory instrument includes modifications or re-enactments of the legislation or statutory instrument, or any legislative or statutory provision substituted for, and all legislation and statutory instruments and regulations issued under the legislation; and

(k) an expression not otherwise defined in this document has the same meaning as in the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable; and

(l) the words “include”, “including”, “for example” or “such as” are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind.

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