1. About this website
Website Owner = Melbourne Systems Pty Limited (ABN (27 136 627 079) (“ [Website Owner] ”) (Domain name = diariesdirect.com.au the “website”)
3. Your access/use implies agreement
4. Modifications to the Terms
5. Modifications to the information
[Website Owner] does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of [Website Owner].
6. Errors and problems
[Website Owner] does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
7. License and Ownership
The copyright for the content on this website is owned or licensed by [Website Owner] and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of [Website Owner]. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of [Website Owner].
9. Feedback, suggestions, comments or requests
[Website Owner] does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to email@example.com and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and [Website Owner] is under no obligation to keep such information confidential, and [Website Owner] will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
9. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by [Website Owner]. [Website Owner] makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. [Website Owner] may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the [Website Owner] website.
10. Inbound links
[Website Owner] generally encourages and agrees to your linking to diariesdirect.com.au through a plain text link on your website without the need for agreement between yourself and [Website Owner].
The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Victoria and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of Victoria Australia.
12. Disclaimer of Warranties
[Website Owner] makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
13. Limitation of Liability
If [Website Owner] is found responsible for any damages, [Website Owner] is responsible for actual damages only. In no event shall [Website Owner], be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.
14. General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and [Website Owner] with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the [Website Owner] that you are able to make a legally binding contract.
c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. [Website Owner] reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with [Website Owner] only comes into existence when [Website Owner] forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to [Website Owner] if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by [Website Owner] within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. Ownership and property in the goods supplied/delivered shall pass from [Website Owner] to you when [Website Owner] accepts your offer and assigns product in the [Website Owner] warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
i. [Website Owner] shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and [Website Owner] shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify [Website Owner] in respect of any such use. [Website Owner] is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by [Website Owner] for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of [Website Owner] implied by the Goods Act, 1958.