Terms and Conditions client
2021-10-11T14:41:32+11:00
TERMS & CONDITIONS
General
You may access and use this Website and acquire goods and services from Us on the Conditions set out below and on the Website.
These Terms and Conditions, together with our Trading Terms and Conditions, Privacy Policy, and your Order constitute the entire Contract between us and you for the supply of goods and services. The Contract cannot be varied unless we agree to vary it in writing or by email.
We may license or sub-contract all or any part of our rights and obligations without your consent but we acknowledge that we remain at all times liable to the Client.
Our failure to enforce any provision of the Agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
Interpretation
In these Conditions, unless the context required otherwise, the following terms shall have the following meanings:-
“Conditions” means the terms and conditions contained in this document;
“Goods” mean the physical goods sold by Us to You though an Order placed through the Website;
“Invoice” means an invoice issued by Us to you for Goods supplied and/or provided to you though an order places on the Website;
“Order” means any request for the provision of Goods and/or Services by You with Us which has been accepted by Us;
“Price” means the amount invoiced for Goods supplied or Services provided, including GST;
“Services” mean the consulting services ordered through our website and provided by Us to You;
“Us”, “We”, “Our” means Exportia Australia Pty Ltd ABN 86 144 946 476 of 8 Lingard Street, Randwick NSW 2031 Australia, and Our officers, employees, contractors and agents;
“User” means the person who visits and/or uses our website;
“Website” means the website exportia.com.au and any other website owned and managed by Us, but not including any third party websites; and
“You”, “Your” or any grammatical derivation of this means you the User.
If any provision of these Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Conditions.
These Conditions are governed by the law of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of these Conditions:
References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
Grammatical forms of defined words or phrases have corresponding meanings;
Parties must perform their obligations on the dates and times fixed by reference to New South Wales, Australia;
Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
References to a party are intended to bind their executors, administrators and permitted transferees;
Obligations under these Conditions affecting more than one party bind them jointly and each of them severally.
Availability of service
We do not guarantee that this Website will be accessible by you at all times as we rely on communications links and networks over which we have no control. However, we will use our best endeavours to have the website network running continuously.
We do not warrant that your access will be uninterrupted, timely, secure or error free.
Access to the Website may be suspended either with or without notice should we need to maintain or repair the website or there is a system failure.
We have the right to change or discontinue the Website, the Documents and any price, service or feature found on it at any time.
For any unauthorised purpose including on-selling, or licensing;
To undertake any activity that would breach the Privacy Act 1988 (Cth) even if that Act does not apply to You;
To undertake any activity that would breach the Spam Act 2003 (Cth);
To impersonate any person or entity;
To solicit any money, personal information, email addresses, passwords;
To cause offence or harm any person or to harass or bully any person;
To defame a person;
To conduct surveys, contests, pyramid schemes or chain letters on the Site;
To introduce any form of malicious software into the Site or Services; or
To collect information about others on the Site without their consent.
Intellectual Property
We own all present and future rights to intellectual property in our services (developed in whole or in part by us), our branding on the Website and all the Documents on it, including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs (including the design of the website), copyright, and any corresponding property rights.
You may not use the our trade marks, including the registered trade mark ‘Exportia’ (words and logo) in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, without our written permission.
All other intellectual property (including trade marks) not owned by us that appears on our goods and services and our website, is the property of respective third parties, who may or may not be affiliated with or connected to us.
We may have used open source software on the Website. To the extent that the terms of the open source software license expressly overrides these terms, those terms will apply.
Third Party Websites
The Website may contain links to third party websites. These websites do not form part of the Website and you acknowledge that We have no control over or responsibility for those websites.
When you leave the Website, to link to a third party website you do so entirely at your own risk. We disclaim all responsibility for the accuracy or reliability of the website or the services or information that may be contained on that third party website. We will not be liable to you for any direct or indirect loss or damage that you may suffer as a result of accessing or relying on such third party websites.
Display advertising on the Website whether or not such advertising contains a link to a third party website does not mean that we endorse or recommend the service or product being advertised.
Restricting Access
If We believe that you are acting contrary to the spirit of the Website, or are using the Website or its contents in an unauthorised manner, or in a manner which could damage our business or reputation, we reserve the right to exclude access to you.
Liability
To the extent permitted by law, we exclude all express or implied representations, conditions, warranties and terms relating to the Website except to the extent set out in these Conditions.
We will not be liable to you or anyone else for any claim, expense, loss or damage You may suffer or incur at all as a consequence of using the Website or any third party website including for any that claim, expense, loss or damage is direct, indirect, consequential or incidental.
To the extent we are not able to exclude our liability, our total liability to you for any loss or damage you may suffer or incur will be limited to the re-supply of the Goods and Services to you, or at our option, refunding the amount you have paid us for the Goods and Services.
Orders
You may place an order for Goods or Services using our Website.
Your Order will be accepted once payment has been made.
All on-line Orders will be subject to the terms and conditions published on the Website as at the date that the Order is placed.
Once an order for Services is placed, that Order will be subject to Exportia’s consulting terms and conditions. These will be provided to you before any consultancy services are provided. If you do not accept our consulting terms and conditions, we will refund any fees paid for Services in advance of Services being provided.
Payment
You will pay to Us, the Price inclusive of GST on the taxable supply made by Us under these Conditions;
We will provide you with a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.
When you purchase Goods or Services using the website, you will be directed to a third party payment portal for payment. You will be subject to the terms and conditions of that third party site.
Personal details that you have provided to us may be supplied to that third party website for the purpose of processing your payment.
Delivery and Title to and Risk in Goods
Title to all Goods which comprise a physical asset will pass to you the successful processing of your payment.
Delivery of any Goods by us to you shall be deemed to be complete when the Goods are delivered to you.
Consumer Guarantees
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.
We guarantee that our Services will be:
provided with due care and skill
fit for any specified purpose (express or implied)
provided within a reasonable time.
If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund.
If a Product has a major defect, you are entitled to:
reject the goods and receive a refund
reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
keep the goods and receive compensation for the drop in value caused by the problem.
If you think that a Product is defective you should contact Us via our website at exportia.com.au/contact or by phone on +61 2 8068 9155 and a representative will assist you. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property.
If a Service has a minor defect, we will re-supply the service.
If the Service has a major defect, you can:-
cancel the contract and we will refund your money; or
receive compensation for the difference between the value of the Services provided compared to the price paid.
Force Majeure
To the extent permitted by law, we are not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Miscellaneous
You indemnify us against any claim, expense, loss or damage whatever incurred by us directly or indirectly, as a result of a breach by you, or other person or corporation using or relying on the Website and Documents if your details including your email has been used.
You cannot assign your rights and obligations under these Conditions.
You warrant that you have relied entirely your own enquiries in using the Website and no oral or written communication by us.
Any notice or other communication to you or us must be in writing and delivered by email to the email address last notified and that email it will be treated as received when it enters the recipient’s information system.
You acknowledge that we may use these Conditions on our website and that we may provide notice to you of any amendments. In this event, the Conditions on Our website shall apply to any future dealings as between you and us, and you are deemed to have notice of any such Terms and Conditions and/or amendments.
Your acceptance of the varied conditions will be indicated by your continued use of the Website.
