These terms and conditions apply to the use of the website found at www.ubatuba.com.au (the website), including the purchase of goods from this website. By using this website, you agree to be bound by these terms and conditions.
Amendments to Terms & Conditions
We may amend these terms and conditions from time to time. Amendments will be effective immediately upon their posting on this website.
You may offer to purchase products described on this website from us, at the price specified on the website.
Prices are inclusive of Australian goods and services tax.
Cancellation of orders
You acknowledge that, despite our reasonable endeavours, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.
We may also cancel an order if we believe that it is being made in contravention of these terms and conditions.
We may cancel an order even if it has been confirmed and the buyer’s credit card has been charged. We reserve this right up until the time of delivery of the product to that buyer. If a cancellation of this nature occurs after the buyer’s credit card has been charged for the purchase, we will immediately issue a credit to the buyer’s credit card account of the amount in question.
Any delivery times on this website are indicative only. While we will use reasonable endeavours to arrange delivery using the method indicated within the timeframe indicated, we will not be liable for any failure to meet any such delivery time.
You will be deemed to accept delivery of any ordered products when it is delivered to the premises indicated in the order or to any alternative location reasonably determined by the delivery provider.
Risk and title
Until you have made full payment for all products ordered from us, we retain title in those products.
Risk in those products will pass to you upon receipt of the products by the delivery service provider.
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website. We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the website, or any transmissions by others in contravention of your obligations as set out in these terms and conditions.
Intellectual property rights and licence
All intellectual property rights in this website are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website, without our written permission.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited.
This website may contain links to other websites (linked websites). We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained in those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that this website, or any other website that is accessible using a hyperlink from this website, will be free from errors or viruses. We do not represent or guarantee that access to this website will be uninterrupted.
You acknowledge that this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
To the extent permitted by law, any condition, warranty or guarantee that would otherwise apply by law is hereby excluded. Where legislation implies or prescribes any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will apply and, to the extent permitted by law, our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent that, such liability cannot be lawfully excluded.
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 any information that you transmit to us. Accordingly, any information that 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.
These terms and conditions are governed by the laws in force in ACT, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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