SITE TERMS
IN CONSIDERATION OF US PERMITTING YOU ACCESS TO THIS WEB SITE (AND ALL PAGES LINKED THROUGH THIS WEB SITE) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THESE SITE TERMS: Thank you for visiting the powersafe.net.au website (‘the Site).
This website is operated by Powersafe (‘us’, ‘we’) so that you can access and search information about our company operations, send us information and acquire products from us. Please feel free to browse around our web site as you like, subject to these legal terms.
If you use the Site or click the “submit” button on our “Join Now” page or the ‘I agree’ button you are agreeing to the terms and conditions listed on this page and any other law or regulation that applies to our web site. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.
We reserve the right to make changes and improvements to this web site.
This web site, these terms and any information contained on this web site are subject to change without notice. Please check these terms periodically for changes.
USE
This web site is intended for use by residents of Australia only and is governed by the laws in force in Queensland Australia. If you accept these terms and conditions you agree that any dispute between you and us will be governed by the laws of Queensland and will be heard by the non-exclusive jurisdiction of the Courts of Queensland.
You must use this web site in a responsible, cooperative and professional manner.
You must not:
* tamper with, hinder the operation of or make unauthorised modifications to the web site;
* delete data from the web site without permission;
* knowingly transmit any virus or other disabling feature to the web site;
* pretend to be another person to gain access to the web site without permission;
* use the web site while impersonating another person;
* provide false or misleading information to us via our web site;
* attempt to do any of the above acts; or
* knowingly permit another to do any of the above acts.
You agree to immediately notify us if you become aware that there is a threat to the security or proper operation of the web site.Your account obligations
In consideration of your use of the Site, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Site (the “Registration Information”) and
(b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete.If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
ORDER ACCEPTANCE POLICY
You may offer to purchase goods described on this Site for the price specified in this Site. Your order must contain your name, email address, credit card details (or other payment details) and any other ordering information specified in this Site.
Within 7 days. We will at our discretion, accept or reject your offer to purchase.You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase
If we reject your offer to purchase the goods for any reason, 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.
If we have not responded to you within 7 days, your offer will be deemed to be rejected and any moneys paid will be refunded.
We give no undertaking as to the availability of products advertised on this Site. Delivery of goods to you will be effected in the manner described in this Site. Title in the goods does not pass to you until payment has been received. Risk of loss or damage passes to you upon dispatch.
Payment must be effected in the manner described on the Site. Prices are exclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties, and charges imposed or levied in Australia or overseas in connection with the supply of goods.
The goods are offered for sale only to persons who are entitled to make legally binding contracts.
TYPOGRAPHICAL ERRORS – CANCELLATION DUE TO ERROR
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
COPYRIGHT
All material on this web site including the site design, text, graphics, logos, photographs, images, typefaces, the selection and arrangement thereof, and all software implementing this web site is protected by copyright under the law of Australia and, through international treaties, other countries. The copyright in this web site belongs to us. Copyright © 2020, Powersafe, ALL RIGHTS RESERVED.
You may use the content of this Site only for the purpose of shopping on this Site or placing an order on this Site and for no other purpose. No materials from this site may be copied, reproduced, adapted, modified, republished, uploaded, posted, transmitted, communicated or distributed in any form or by any means without our prior express written permission. Framing this web site as part of another web site is strictly prohibited.
All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark, and other applicable laws and could result in criminal or civil penalties.
DISCLAIMER AND LIMITATION OF LIABILITY FOR PRODUCTS SOLD
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US ARISING FROM ANY PRODUCT SOLD ON THIS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application or, 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 (i) if the breach relates to goods, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or of acquiring equivalent goods or (d) the payment of the cost of having the goods repaired.
DISCLAIMER AND LIMITATION OF LIABILITY FOR USE OF THE SITE
You expressly agree that the use of this Site is at your sole risk. While we make every effort to maintain the accuracy and completeness of all the information on this web site, the dynamic nature of the medium means that the information on this web site could include errors or out of date content. (If you notice any error, we would appreciate it if you bring it to our attention).
You should make your own investigations before entering into any transaction on the basis of the contents of this web site. Neither we nor any other party who provides material displayed on this web site is under any obligation to give notice of any corrections or amendments. In addition, your browser and hardware configurations, over which we have no control, may affect the performance and operation of this web site when accessed and viewed at your computer.
WE MAKE NO WARRANTY THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE PROVIDED VIA THIS WEB SITE WILL BE UNINTERRUPTED, FREE FROM VIRUSES, TIMELY OR SECURE
We may link our web site to third party web sites. We are not responsible for the condition or content on other third party web sites, even if we link to them as those web sites are not under our control. We are not indicating any association with or providing, expressly or impliedly, any recommendation or endorsement in any way but solely providing a convenient link. If you access other web sites from this web site and use their products and services then you do so solely at your own risk. If you suffer any damage from visiting another’s web site or using another’s product or service, we accept no responsibility and are not liable.
INDEMNIFICATION
You agree to indemnify and defend us, and each of our directors, employees, shareholders and other representatives, and everyone who helped us create or modify this web site, for all damages, losses, penalties, fines, expenses, and costs (including legal costs) whether direct or indirect which arise out of or relate to your use of this web site, any information that you provide to us via this web site or for display on this web site and any damage that you may cause to this web site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and misleading and deceptive conduct.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any material, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such material.
SECURITY OF INFORMATION
Unfortunately no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
TERMINATION
We may terminate this agreement by closing this web site.
This agreement will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these site terms or if required by law or a court order. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us. Upon termination, we may remove any postings made by you or any content you have contributed to this web site.
In the event of termination, you are no longer authorised to access this web site and the restrictions imposed on you with respect to materials downloaded from this web site. Despite any termination of this agreement, all the disclaimers and limitations of liabilities set out in these site terms will survive for the benefit of us and all of our employees, directors, servants and all consultants engaged by us.
JURISDICTION
This web site (excluding any linked third party sites) is controlled by us. By accessing this web site you accept that if any dispute arises about or in connection with this web site or how these site terms apply or arise out of your use of this web site, Queensland law will apply and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them. You waive any right to object to an action being brought in those courts.
OTHER
If any provision of these site terms shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these site terms and shall not affect the validity and enforceability of any remaining provisions.
This web site may be accessed in Australia and in other countries. We make no representation that the content of this web site complies with laws of any country outside Queensland Australia. If you access this web site from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place in which you are located.
VIRUSES
In accessing this web site you specifically absolve us, our directors, employees, servants and consultants for any liability for any reason whatsoever (even if caused through any negligence on our part or any negligence on the part of any employee, servant, director or consultant to us) for any damage encountered by you or to your computer system or to any third party’s computer system that may arise through the introduction of any computer virus, worm or any corrupt data.
ENTIRE AGREEMENT
This is the entire agreement between us and you relating to the access and use of this web site.