WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to SeeChange Consultancy (QLD) Pty Ltd ACN 098 678 712. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. Your use of this website indicates your acceptance of these terms and conditions.
We reserve the right to amend these terms and conditions at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access this website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you must to update your registration details from time to time when they change.
- On registration, you will be required to provide a password. You are responsible for all use of your username and/or password and must keep these details secure.
- On registration you agree to pay for our services as set out on this website.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions. These terms and conditions survive any such termination.
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through this website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our “join now” page and we reserve the right to amend our prices at any time. If you have placed an order, subject to clause 19, we will fulfil your order at the price listed at the time you ordered.
- We strive to ensure that our products are described as accurately as possible on this website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through this website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on this website.
- All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our “join now” page and we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We will take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We may accept or reject your order within 48 hours. If we have not responded to you within 48 hours, your order is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product/s will be as set out on this website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the “join now” page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due To Error
- Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
- We will replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact” page.
- If we are unable at the time of return to replace or exchange returned goods, we will reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
- When you visit this website, we give you a non-exclusive, non-transferable, limited licence to access and use our content (including our services and products) (called “our content”) for your personal use or for internal use within your organisation.
- You are permitted to download a copy of the information on this website to your computer for your personal use or for internal use within your organisation provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- You must not use our content for any purpose other than the purposes authorised by this agreement and you must not reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, our content.
- Without limiting clause 23, to the extent expressly permitted by the Copyright Act 1968 (Cth), you may make copies of the information on this website for your personal use or for internal use within your organisation.
- The licence to access and use the information on this website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror this website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of this website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on this website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link this website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of this website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content on this website including, but not limited to, products or services offered on this website, applets, graphics, images, layouts and text on this website belongs to us or we have a licence to use those materials.
- Any information, documents or other materials we provide to you in connection with the products or services on this website (called “SeeChange Materials”) and any intellectual property rights (including copyright) comprised in the SeeChange Materials will remain the property of us and/or our third party licensors. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the SeeChange Materials, or copies thereof.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to this website does not license you to use those marks in any commercial way without our prior written permission.
- You may be able to upload and publish materials to or through this website including text, images, information, comments, feedback, ideas or suggestions (called “Comments”). Any Comments which you provide to us through this website becomes our property. If in future we use your Comments in promoting this website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, by submitting your Comments, you grant us (and our successors) a royalty-free, irrevocable, non-exclusive licence to use in any way, part or all of your Comments in any medium (including but not limited to this website), by any means and for any purpose (including but limited to commercial purposes). You agree that you are not entitled to any payment from us for your Comments or our use of it.
- If you provide us with Comments, you do so at your own risk and you acknowledge that you are personally responsible and liable for the content of such material including its legality, originality and copyright.
- Your Comments must not include anything which:
- you do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);
- reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses;
- infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
- is or can be taken by any other as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal.
- We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with your Comments or the Comments of any other user. We may, but have no obligation to, amend, supplement, delete or update your Comments, or the Comments of any other user, without notifying you and at our sole discretion.
- The SeeChange Materials contain information of a general nature only. Any information or data contained in the SeeChange Materials is not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such. You should consult with a professional and obtain professional advice tailored to any specific circumstances applicable to you before making any decisions.
- To the extent permitted by law, we do not guarantee the accuracy, completeness or currency of the SeeChange Materials and we have no liability to you for your use or reliance on the SeeChange Materials.
- Whilst we have taken all due care in providing the information on this website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that this website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of this website or any linked website.
- Although reasonable precautions have been taken, we do not guarantee that access to this website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on this website.
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Competition and Consumer Act ) defines a consumer. Under the Competition and Consumer Act we are a supplier of either goods or services or both to you, and as a consumer the Competition and Consumer Act gives you statutory guarantees.
- If you are a consumer within the meaning of Schedule 2 of the Competition and Consumer Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the Competition and Consumer Act you may be entitled to receive from us notices under Schedule 2 section 103 of the Competition and Consumer Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the Competition and Consumer Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the Competition and Consumer Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the Competition and Consumer Act then this clause applies to you. If you are a consumer within the meaning of the Competition and Consumer Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the products or services again or payment of the costs of having those products or services supplied again.
- We accept no liability for any loss whatsoever including but not limited to any loss of profit, loss of financial opportunity, loss of business or loss of business opportunity, loss of contract, loss of goodwill, loss of use or loss of production whether present or future, fixed or unascertained, actual or contingent, suffered by you arising from products or services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
No illegal use
- You must not use this website in any manner or for any purpose which is illegal.
- By accessing this website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees (on an indemnity basis) arising from or in connection with your use of this website.
- If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Transfer and assignment
- If we merge with, sell or otherwise change control of our business or this website, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that we have collected from you and nay agreements we have made with you in connection with your use of this website.
- These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We will take all due care with any information which you may provide to us when accessing this website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and conditions and the remaining terms will remain in force and comprise the agreement between you and us.
- The failure by us to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.