WEBSITE TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS
www.eiz.com.au

Effective Date: 13/09/2018

These terms and conditions (hereinafter "Terms") govern Your use of the following website (which is hereinafter referred to as "the Product") and Services provided therein: www.eiz.com.au

The Product is owned and operated by EIZ PTY LTD (ACN 623 320 258)

These Terms constitute a binding contract between You and EIZ PTY LTD (ACN 623 320 258)

In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as "the Items".

These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.

If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.

1. DEFINITIONS

"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.

"Content" means any content, writing, images, audiovisual content or other information published on the Product.


"Contract"
means these terms and conditions.


Contractor” shall mean and include any third party (other than Us) with whom We contract to supply the Goods or Services or that performs the Services.

"Dispute" means any dispute, controversy or claim arising out of or in relation to these Terms, Product, Goods or Services referred therein including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.

"Effective Date" means the date that these Terms come into force.
"Goods" means any or all goods provided by or on the Product.

"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name and a password.


"Items" means any and all of the Product, Goods, Services, Transport, Content and Materials collectively.

"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Product.

"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.

“PDS” means policy disclosure statement.

"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.eiz.com.au

"Services" means any or all services provided by or on the Product.
"Terms" means these terms and conditions.

"Third Party Goods and Services" means Goods and/or Services sold by third parties via the Product or via Third Party Links.

"Third Party Links" means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

“Transit” means as it is defined in the PDS.

“Transport” means the carriage of the Goods and any services incidental to such carriage.

"Us", "We", "Our", "the Company" or "the Owner" refers to EIZ PTY LTD

"Us", "We", "Our", "the Company" or "the Owner" also includes any employees, affiliates, agents or other representatives of EIZ PTY LTD

"You" or "Your" refers to the user of the Product.

"Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.

2. INTERPRETATION

In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

a.    Words referring to one gender include every other gender.

b.   Words referring to a singular number include the plural, and words referring to a plural include the singular.

c.    Words referring to a person or persons includes companies, firms, corporations, organisations and vice versa.

d.  

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Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.


3. YOUR REPRESENTATIONS/WARRANTIES

a.    By using the Product and the Items, You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.

b.   By using the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.

c.    By using the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.

d.   Should you wish to Transport Your Goods purchased, You warrant that You are the owner of the Goods or otherwise have the authority of the owner or person having an interest in the Goods or any part thereof to agree to these terms and conditions and consign the Goods for Transport upon and subject to these conditions.
 

e.    You warrant the adequacy of packing, stowing and suitability of the Goods for the Services contracted and accuracy of all markings and brandings of the Goods, descriptions, values, weights, sizes and other particulars furnished to Us for the purchase of the Goods or Services, including Transport, customs, consular and any other purposes and You undertake to indemnify Us against all loss, damage, expenses and fines arising from any inadequacy, unsuitability, inaccuracy or omission in this respect. 

 

f.    You warrant that the performance of any Service provided or arranged by Us to effect Your instructions in respect of the Goods shall not be in breach of any law.

4. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS

a.    We may provide You with certain other Items in connection with Your use of the Product.

 

b.   Subject to these Terms, We grant You a licence to use the Product, Content and Materials solely in connection with Your use of the Items. The licence created under these Terms is non­exclusive, limited, non-transferable, worldwide and revocable.

c.    You may not use the Product, Content or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.

5. GOODS & SERVICES/AGENCY/CONTRACTORS

a.    The Product provides you the opportunity to buy Goods or Services from Us or from Third Parties subject to these terms and conditions, including specific exclusions and limitations of liability as set out in the provision below.

b.   In respect of Your purchase of Goods or Services on the Product from third parties, We act as Your agent only in arranging such purchase.  As your agent, You hereby employ and authorise Us to contract in either Our own name or Your name with any Contractor for the supply of such Goods or Services, and authorise any Contractor to subcontract the supply of Goods or Services to any other Contractor pursuant to, or ancillary to, this contract.  Any such contract may be made on any terms of contract whatsoever used by the Contractor for such Service(s) including in every case terms which may limit or exclude liability in respect of the Services. In any event, We shall be entitled to the full benefits of all privileges, right and immunities available to any Contractor under such contract or compulsorily applicable law in respect of the Services provided.  Any Contractor’s terms apply to the Services and are available from the Company on request. 

c.    No person has Our authority to waive or vary these conditions and We reserve the right to refuse at our sole discretion the arranging or supply of any of the Services for any customer whether before, during or after the Service has commenced.  Accordingly, in respect of Transport services, we are not a common carrier and accept no liability as such. 

d.   You authorize the right of the Contractor to open and/or inspect all Goods at its discretion and at Your expense.  

6.   EXCLUSION AND LIMITATION OF LIABILITY

a.    The Product, Content and Materials are provided for general information only and may change at any time without prior notice.

b.   You accept and acknowledge that the Items may contain mistakes, errors and inaccuracies.

c.    Your use of the Product, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Transport, Materials, Content or other information available through the Product suits Your particular purpose.either We, nor any Contractors, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

d.   To the maximum extent permitted by law, We exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.

 

e.    To the maximum extent permitted by law, We exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

f.    To the maximum extent permitted by law, We exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.

g.   To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense howsoever caused, arising or incurred by You in connection with Your use of the Items, whether

                              i.          arising from an authorized or unauthorized act or contemplated or uncontemplated act under this Contract;

 

                            ii.          caused by the negligence and/or recklessness and/or wilful misconduct of the Company’s servants, employees, agents, Contractors or otherwise;

 

                          iii.          a breach or fundamental breach of contract;

 

                           iv.          resulting from, or attributable to, any quotation, statement, representation or information, oral or written, made or given on behalf of Us or our servants, agents, employees or Contractors as to the classification of, liability for, amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods subject of any Service.

h.   Where we arrange for You the purchase of Goods and/or Services from a Contractor via the Product or via Third Party Links (hereinafter "Third Party Goods and Services"):  

                               i.        You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.

                              ii.        You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Goods and Services.

                            iii.        For any claim You may have against the Contractor or other third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that Contractor or third party provider of the Third Party Goods and Services and not with Us.

                        i.           To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.

i.     In all cases where liability cannot be excluded by this agreement because of mandatory applicable statute, convention or law, Our liability is limited to the lesser of AUD$100.00 or the value of the Goods the subject of the agreement at the time the Goods were received by Us or the Contractor.  

j.     In all cases where liability cannot be excluded or limited by this agreement for breach of any condition or warranty in respect of the Goods or Services pursuant to statute or otherwise, Our liability is limited to any one or more of the following as determined by the Company at its absolute discretion:

 

                            i.        in the case of Goods:

(a)   the replacement of the Goods or the supply of equivalent goods;

(b)   the repair of the Goods;

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

(d)   the payment of the cost of having the goods repaired

 

                          ii.        in the case of Services:

(a) providing supply of the Services again; or

(b) payment of the cost of having the Services supplied again.

k.   Without limiting the generality of the foregoing, We shall in no circumstances be liable for loss or damage other than to the Goods, including indirect or consequential loss or damage arising from the Goods or Services purchased including loss of market, loss of profit or loss of contracts howsoever caused.  The rights, immunities, defences and limits provided for in these conditions shall apply in any action against Us for loss or damage whether the action be found in contract, bailment, tort, statute or otherwise notwithstanding any breach of the contract or condition hereof by the Company.

l.     No declaration of value will be made for the purpose of extending liability and the Goods will be forwarded or dealt with at Your or owner’s risk unless express written instructions to the contrary are given by You and accepted in writing by Us and extra charges paid if required by Us.

m.  It is hereby agreed between the Parties that Your right to compensation for any claim for loss or damage will only be maintained subject to these terms and conditions and provided the following is strictly adhered to:

                               i.        Any claim for loss or damage must be lodged in writing to Us within 7 days of delivery of the Goods or the date Services are completed, whichever date occurs first;

 

                              ii.        Any claim for loss/non-delivery of Goods must be notified in writing to Us within 60 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first;

 

                            iii.        Any right to any legal remedy against Us shall be extinguished unless legal proceedings are brought against Us in the state of Victoria and not otherwise within 9 months from the date of this contract or the date the Services were completed or Goods delivered, or the date the Services should have been completed or the Goods should have been delivered, whichever date occurs first.

7.  INSURANCE

a.    We have arranged Transit insurance cover for You through a licensed insurance broker as per the PDS in respect of loss or damage to Goods during Transit with a limit of indemnity payable in respect of any one shipment being the value of the Goods as declared by You and not exceeding the amount of $20,000 upon payment by you of a fee which is based on the declared value of the Goods as follows:

 

                                     i.          A$0.50 plus GST if applicable for Goods of declared value up to A$200

                                    ii.          A$0.60 plus GST if applicable for Goods of declared value between A$200 and $500.

                                  iii.          A$0.75 plus GST if applicable for Goods of declared value between A$500 and A$1000.

                                  iv.          A$100 plus GST if applicable for Goods of declared value between A$1,000 to A$2000.

                                    v.          O.5% of the declared value of the Goods plus GST if applicable for Goods of declared value between A$2000 and A$20,000.

b.   The insurance and relevant fee will apply unless You choose to reject such insurance. Any such insurance arranged will be subject to the usual exceptions and conditions of policies of the insurance company or underwriters taking the risk. Should such insurers dispute liability for any reason, You as the insured shall have no recourse against Us whatsoever and any recourse by You shall be against the insurer.  Except for such insurance so arranged if not rejected by You, no insurance will be arranged or effected by Us on Your behalf. Given Our rights to exclude or limit liability pursuant to sub-paragraphs (a) to (o) of the above provision, You should consider seeking your own insurance cover for loss or damage that may incur.

8.  INDEMNITY

a.    You shall indemnify Us in respect of any claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost or other liability incurred by Us:

                            i.        howsoever caused or incurred, whether arising directly or indirectly from any Service arranged or performed by Us or a Contractor and/or

                          ii.        as a result of any breach of the terms, conditions or warranties in this contract by You. 

b.   Without limiting the generality of the foregoing, You shall remain responsible to Us for all charges (C.O.D. or otherwise) paid by Us to any of our agents, Contractors or any other party or authority.

 

c.    You shall indemnify Us in respect of any loss or damage arising from any inherent defect, quality or vice of the Goods.

9.  QUOTATIONS

Quotations for the Services are made on an immediate acceptance basis and are subject to withdrawal or revision without notice at Our discretion.  Charges and prices quoted by Us are estimates only. These may change depending on the accuracy of the information provided by You and/or on any additional service or charges/fees incurred to arrange or perform the Service as will be advised by Us to You and will be payable by You.  Goods will be weighed/measured to determine the chargeable weight or size on receipt from You, Your agent or supplier.  If this weight or size is more than that amount originally charged to You, You will be recharged based on the correct weight or size for which You will be liable.


10.  ROUTES & PROCEDURES

 

If We are instructed by You and agree to use a particular method or type of Service, We and the Contractor(s) shall give due consideration to the method or type designated but shall at all times have the right to choose or vary such method or type of Service or route and procedure adopted in respect of the Service performed.  You hereby authorise Us or the Contractor(s) to substitute alternate carriers, Contractors or Service providers without notice to You.

11.  RESPONSIBILITY FOR FEES/CHARGES

 

a.    You shall pay us for all fees rendered and any charges We incur for any reason in respect of the Services performed.  This includes the payment of fees/charges which We advised or agree will be paid by a third party which then fails to so pay.  Such fees/charges shall be deemed fully earned as soon as the Goods are loaded and dispatched from the consignor’s premises, otherwise delivered by You to Us or the Contractor or on receipt of Our invoice whichever occurs first.  Fees and charges shall be payable in accordance with the terms stated in Our invoice or if not stated, will be payable on delivery. All fees and charges are non-refundable. 

 

b.   You agree that You shall not defer or withhold payment or deduct any amount from Our account by reason of any claim You allege against Us.

 

c.    You shall pay Us interest as liquidated damages at the Westpac Trading Bank overdraft rate plus 5% on overdue fees or charges invoiced.

12.  DELIVERY

a.    You authorize Us to arrange for the delivery of the Goods to You or consignee or its agent at the address nominated by You or your agent.  You expressly agree that the Goods shall be deemed to have been delivered in accordance with this contract if the relevant Contractor obtains a receipt, signed delivery docket for the Goods or signature on its consignment note or other delivery document from any person at that address.

b.   If the nominated place of delivery shall be unattended or if delivery cannot otherwise be effected, the Contractor or We can each determine in our sole discretion at our option either to deposit the Goods at the nominated place or store the Goods at Your risk and expense, both of which will be deemed to be delivery of the Goods under this Contract.

c.    Dates and times specified or requested for completion of carriage or any other Service are estimates only and We, our employees, agents and/or Contractors shall not be liable for failure to complete carriage or any other Service on such date(s) or time(s) .

d.  

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Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods for which we take no responsibility and will have no liability.

 

 

13.  SALE AND DISPOSAL OF GOODS

 

a.    We and the Contractors shall be entitled at Your cost and expense, subject to any compliance with any applicable law, to sell or dispose of:

 

                            i.        Goods which in Our opinion or that of the Contractor cannot be delivered by reason of the Goods being insufficiently or incorrectly addressed or by reason of the Goods not being collected or accepted by the consignee or for any other reason, and 

 

                          ii.        any perishable goods which in Our opinion or that of the Contractor appear to be deteriorating, if You fail to adequately instruct Us or the Contractor with respect thereto or fail to pay any costs and expenses necessary to implement Your instructions.

 

b.   If the Goods are sold pursuant to Clause (a) above, We can use the proceeds of sale to discharge any fees and charges owed by You, including the costs of sale.  Any balance of any proceeds remaining following such discharge will be remitted to You.

 

14.  AUSTRALIAN CONSUMER LAW

 

a.    You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth)(“CCA”), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law. 

 

b.   Specifically, these Terms do not affect Your rights pursuant to Schedule 2 of the CCA if You are a “Consumer” or “Small Business” and this agreement with You is a “Consumer Contract” or “Small Business Contract” – all quoted terms as defined under the CCA.  To the extent that any term or a part thereof is rendered inapplicable or void by the CCA or any other legislation, it shall be rendered inapplicable or void only to the extent required to give effect to that legislation but not further.

 

c.    If the Customer is a “Consumer” or “Small Business” and this agreement is a “Consumer Contract” or “Small Business Contract” as defined under the CCA, the parties agree that:

 

                            i.        the prevention of claims and indemnity referred in Clause 5(e) above as against the Company’s servants, agents, Contractors and/or vicariously liable persons will not apply;

 

                          ii.        the Company’s rights to exclude, limit and/or otherwise restrict its liability in Clause 6 above are based on a low cost rate service and that if the Customer wishes the Company to accept greater liability, it can negotiate in writing with the Company for same at an agreed greater cost rate;
  

                        iii.        the Customer’s indemnity referred under Clause 8(a)(i) above will not apply to the extent that the claim, loss, damage, payment, fine, expense, duty, tax, impost, outlay, cost or other liability incurred by the Company resulted from the negligence, recklessness or wilful act of the Company, its servants or agents.

 

 

15.  REASONABLE CARE/FORCE MAJEURE

 

Where We or the Contractor are unable to carry out any obligation under the contract or any loss or damage is caused to the Goods or otherwise due to any circumstance, matter or thing beyond Our or the Contractor’s reasonable control (“force majeure”) or its exercise of reasonable care, We and the Contractor shall be excused and released from such obligations or liability to the extent of such prevention, restriction or interference so caused.

16. TERMINATION

a.      We may immediately terminate these Terms at any time, with or without cause.

b.      We specifically reserve the right to terminate these Terms if You breach these Terms in any way.

c.      These Terms terminate automatically if we cease to operate the Product for any reason.

d.      If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.

e.      At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions and limitations of liability as outlined in the "Exclusions and Limitations of Liability" clause.

11. ACCEPTABLE USE

a. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.

 

b. You further agree not to use the Product or the Items:

                            i.        to harass, abuse, or threaten any other person or to otherwise violate any other person’s legal rights;

                          ii.     to violate any intellectual property rights of Us or of any third party;

                        iii.     to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

                         iv.     to commit any kind of fraud;

                          v.     to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;

                         vi.     to publish or distribute any obscene or defamatory material;

                       vii.     to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;

                     viii.        to unlawfully gather information about others.

c. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.

12. VARIATION OF TERMS

a.    You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.

b.   You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.

c.    In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.

13. THIRD PARTY LINKS

a.    You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by Us.

b.  

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You hereby acknowledge that these Third Party Links are provided for Your information only.

c.    We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at Your own risk and We have no liability in respect of any loss or damage caused from Your use.

14. AFFILIATE MARKETING AND ADVERTISING

a.    Through the Product and other Items, We may engage in affiliate marketing whereby We receive a commission on or a percentage of proceeds of sales of Third Party Goods and Services that occur through Our Product and other Items.

b.   Through the Product and other Items, We may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Product or through Our other Items, or we may receive other forms of advertising compensation.

15. CHANGES TO PRODUCT

a.    You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Product at any time.

b.   You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).

c.    You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.

16. INTELLECTUAL PROPERTY

a.    The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter "Company IP").

b.   You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.

c.    You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.

d.   You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.

e.   

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All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms.



17. USER REGISTRATION

a.    You may be asked to register with Us in order to use or access the Items.

b.   If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.

c.    You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.

d.   You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.

e.    You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.

f.    You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.

18. PRIVACY

a.    Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in Australia and any other country where We operate.

b.   We take Our privacy obligations very seriously.

c.    Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.

19.  REVERSE ENGINEERING AND SECURITY
You agree not to:

a.    reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and

b.   violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

20.  SPAM POLICY

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You are prohibited from using the Items for the purpose of gathering email addresses and/or

personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

21. GENERAL PROVISIONS

a. Representations: By agreeing to these terms and conditions, You agree that you did not rely on any representation, promise, warranty or condition of Ours or a Contractor not expressly made (in writing) part of this Contract.

b. Applicable law: Your use of the Product and the Items is subject to the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.

c. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:

                            i.        such notice is properly given if given to the other party:

a)           by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.

b)           by facsimile to a facsimile address which the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.

c)           by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product or other Items.

                          ii.        such notice is taken to be received:

a)           if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.

b)           if sent by facsimile, at the time shown of correct and complete transmission to the recipient’s facsimile number by the sending machine.

c)           if sent by prepaid post within Australia, five (5) days after the date of posting.

d)           if sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting.

d. No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.

e. Severability and Waiver: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

 

f.    Inconsistency and Priority:  To the extent of any inconsistency of enforceable terms or a part thereof herein, these terms will prevail over any other terms issued by Us or You. The use of the Your own form is no derogation to these terms and conditions.   

g.   No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause. 

h.   Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

i.     Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them. 

j.     Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.

22. CONTACT US

You can contact us about these Terms using the following details:

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phone: 03 8595 3046
email: eiz@eiz.com.au