27 Bradford Rd, Mount Martha, Victoria, Australia,
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS AND CONDITIONS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE WEBSITE AFTER THEY BECOME EFFECTIVE IT WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THESE TERMS AND CONDITIONS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE.
B. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
C. WEBSITE ACCESS AND USE
Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.Furthermore, except as expressly permitted in these Terms and Conditions, you may not:
� Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content?
� Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content
� Use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time
� Transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information
� Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason
� Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses
� Solicit other users to join or become members of any commercial online service or other organization without our prior written approval
� Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same
� Decompile, reverse engineer, or disassemble any portion of any the Website
� Use network-monitoring software to determine architecture of or extract usage data from the Website
� Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Membership (as "Membership" is defined below without permission, etc.)
� Affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website or?
� Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms and Conditions.
D. USER REGISTRATION
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information without the consent of a parent or guardian.?If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your Membership.
E. USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and licence you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.You represent, warrant, and covenant that you will not submit any User Content that:
� violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
?� affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;?
� impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
?� encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
?� is an advertisement for goods or services or a solicitation of funds;?
� includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;?
� contains a formula, instruction, or advice that could cause harm or injury; or?
� results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing."?
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and licence to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms and Conditions.By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.?We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).?We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our (and third party) advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
G. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, or our service providers, suppliers, Advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
H. PLACING ORDERS
You must be at least 18 years old to place any orders with One Fit Stop. By using the Web Site you acknowledge that you are at least 18 years old.By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. One Fit Stop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
I. CORRECTION OF ERRORS AND INACCURACIES; LIMITATION ON QUANITITY
Whilst One Fit Stop makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in One Fit Stop' discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
J. SALE OF GOODS AND DELIVERY
On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are Australia Post and various couriers. Each product page will show the delivery charge for that item.Unfortunately, due to our contracts with the delivery companies, there are a small proportion of our products that we are unable to deliver to more remote destinations for the displayed delivery charges. In these instances once you have entered your address in the checkout process, we will let you know which products can't be delivered to your address and we won't proceed with processing of your order of that item. We will however arrange to give you a call if you request it, and will offer to arrange a bespoke delivery to your address.Certain of the products available for sale through the Web Site may not be located at One Fit Stop' Australian warehouse. Certain products may be warehoused by the suppliers or manufacturers of those products, including in locations outside Australia. In relation to products located outside Australia, such products will be sold EXW (as defined in Incoterms 2000) from the warehouse/s of our supplier(s). Accordingly, goods are made available at that/those location(s) and the sale price does not include carriage, insurance or other such subsequent costs, except as expressly set out in the order.
K. WEBSITE CONTENT & THIRD PARTY LINKS
We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to indemnify and hold harmless the Website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms and Conditions; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
You agree that your access to, and use of, this website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by One Fit Stop in good faith on an "as is" basis. One Fit Stop, related entities of One Fit Stop and the directors, officers and employees of One Fit Stop accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by One Fit Stop. Subject to any non-excludable provisions in the Trade Practices Act 1974 (Cth), One Fit Stop expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non infringement of intellectual property rights relating to information or materials accessible from or on this website. One Fit Stop shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if One Fit Stop is expressly advised of the possibility of such loss or damage. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.By using this website and agreeing to these Terms and Conditions, you agree to indemnify One Fit Stop and its employees, officers, agents, shareholders and other persons involved in the creation of this website and hold One Fit Stop and its employees, officers, agents, shareholders and other persons involved in the creation of this website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
N. LIMITATION ON LIABILITY
One Fit Stop will in no way be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if One Fit Stop or related entities of One Fit Stop have been advised of the possibility of such loss or damage.Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of One Fit Stop for any breach of such term, condition or warranty shall be limited, at the option of One Fit Stop, to any one or more of the following: ?1. If the breach relates to goods:(a) the replacement of the goods or 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.?2. If the breach relates to services:(a) the supplying of the services again; or(b) the payment of the cost of having the services supplied again.
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms and Conditions. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.Any suspension or termination shall not affect your obligations to us under these Terms and Conditions. The provisions of these Terms and Conditions which by their nature should survive the suspension or termination of your Membership or these Terms and Conditions shall survive including, but not limited to the rights and licences that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
P. COPYRIGHT POLICY
One Fit Stop is the copyright owner of the content of the website or is licenced by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means: ?1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website;2. perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on this website without the specific prior written consent of One Fit Stop;3. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or4. use or apply, for commercial purposes any material or information on this website, without the prior written consent of One Fit Stop.Any software which you down load from this website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licenced by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.All trademarks, brands and names appearing on this website are the property of their respective owners.Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
Q. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.This website may be accessed throughout Australia and overseas. One Fit Stop makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
R. AMENDMENT; ADDITIONAL TERMS
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms and Conditions. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and Conditions. To the extent any Additional Terms conflict with these Terms and Conditions, the Additional Terms will control.Modifications to these Terms and Conditions or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms and Conditions and the Website from time to time for any changes or Additional Terms. Your access and use of any of the Website following any modification of these Terms and Conditions or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms and Conditions or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of One Fit Stop. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by One Fit Stop in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers.
T. STATUTORY CONDITIONS AND WARRANTIES
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.
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