CONDITIONS OF SALE AND USE OF WEBSITE
In order to use ESKAY AFFAIRS you must read and agree to our Terms & Conditions. They are for your protection and they outline our obligations to you, the client. The website is owned and operated by ESKAY AFFAIRS (ABN 76 116 811 012), trading as eskayaffairs.com. The following Terms and Conditions govern the use of the ESKAYAFFAIRS ("EA") Website ("Site"), the materials and information contained therein and related services made available to you via this Site. Please read these Terms and Conditions before use of the site. If you do not agree to these Terms and Conditions, please do not visit or use the Site. EA may from time to time make changes to this Site (including these Terms and Conditions of use). Please read and agree to these Terms & Conditions before subsequent use.
GENERAL DISCLAIMER
ESKAY AFFAIRS, its representatives and associated agents, are not liable to you or any other for any loss in connection with the use of this Site or a Linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The materials and information provided on this Site and related communications are provided on an ?as is? basis. EA assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. 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 EA. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), EA 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 Site. EA shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if EA is expressly advised of the possibility of such loss or damages. The Terms and Conditions are effective until terminated by EA and EA may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
PRIVARY POLICY
It is your responsibility to read and familiarize yourself with the EA Privacy Policy. You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the EA Privacy Policy and Terms and Conditions. You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect EA or its users. EA shall only share your personal data with companies and organisations in order to enable us to perform credit checks and to process your order. You hereby consent to us so doing. You should not send any information or material that you consider to be confidential or proprietary, to EA or any other person, through this Site. Any information or material sent to EA at, or through this Site, is deemed to be not confidential. You are deemed to grant to EA an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. EA is free to use any ideas, concepts, know-how or techniques that you send to EA, for any purpose.
USE OF WEBSITE
You will be required to register to use some of the features on this Site. We may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your information change, please notify us immediately at the following e-mail address sales@eskayaffairs.com.
COPYRIGHT
You must comply with all proprietary and copyright notices on this Site. This website is owned by EA and its associates, and subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means: a. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website; b. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or c. use or apply, for commercial purposes any material or information on this website, without the prior written consent of EA. All trademarks, brands and names appearing on this Site are the property of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the Site without the express written permission of EA or third party owner.
YOUR ACTIVITY
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
SIZES AND MEASUREMENTS
EA does not warrant that any 'sizes' stated in relation to any products conform to any particular standard. The "measurements" and "fit guide" are provided as a guide only and should be treated as such.
a. The Customer acknowledges that the nature of the Product is such that there are no standardised size measurements. Accordingly, the 'size' stated for a Product on the Website is only a general guide as to the physical measurements of the Product.
b. EA excludes any warranties, terms or conditions that the ?sizes? stated in relation to the Product conform to any particular standard; or that the "size" for a particular type or range of Product corresponds with the ?size? of another type or range of Product.
c. The Customer acknowledges that (subject only to any statutory cooling-off period) no refund, return or replacement will be provided where the sole reason for the request is that the wrong size was ordered.
INTERNATIONAL CUSTOMERS
Your order may be subject to import duties and taxes, which are levied once the package reaches your nominated country. EA is not responsible for these additional charges. Should charges be levied in your country, and should you refuse to pay them, your credit card will be charged for all outgoing and return delivery charges that may be incurred by EA. When the returned merchandise is received by EA, you will only be credited for the merchandise only. If you have questions regarding customs or duties charges and procedures in your country, it is your responsibility to contact your local customs office before placing your order. You are also liable for clearance charges and return shipping if your package is returned to EA due to your country's import restrictions. If your country denies any package for any reason, you are responsible for all resulting fees that are incurred during the shipment's return to us. Please check your country's taxes, duties, fees, and import restrictions before ordering from our site. EA is not responsible for refused or abandoned shipments. You are liable for any and all duties, taxes, return shipping, and associated fees when you refuse or abandon a shipment from EA. This includes the following reasons:
1. Your refusal to pay duties or taxes.
2. You provide an invalid address.
3. A carrier makes two unsuccessful attempts to deliver a shipment to your home, but cannot because you are away and/or do not pay duties and taxes on the shipment.
4. Your parcel is returned by customs because its contents are not allowed to be imported into your country.
5. Your refusal of any shipment for any reason.
LINKS AND THIRD PARTY REPRESENTATION ON THIS WEBSITE
EA makes no representations or warranties about any other website which you may access through this Site ("Other Website"). When you access an Other Website, that Other Website is independent from this Site, and EA has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Site. Other Websites are not under the control of EA, and EA is not responsible for the accuracy of any information on any Other Website. EA does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature. EA expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, EA is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Site, the use of any other linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if EA has been expressly advised of the possibility of such loss or damages. You must indemnify and keep indemnified EA in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both. Subject to any non-excludable provisions of the Trade Practices Act, 1974, EA disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party. Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations are published with the permission of the relevant manufacturer and/or owner of that product.
GOVERNING LAW
These Terms and Conditions are governed by the laws in force in Western Australia, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which may hear appeals from those courts. Nothing contained in these Terms and Conditions derogates from EA's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by EA with respect to that use.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EA with the written information specified below. Please note that this procedure is exclusively for notifying EA that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
IN GENERAL (In this Site):
EA means ESKAY AFFAIRS (ABN 76 116 811 012), trading as ESKAY AFFAIRS and its subsidiaries, associates and officers unless otherwise stated. "Other Website" means websites of persons or entities other than EA which are linked to and from this Site. "Your Information" means any information from which your identity is apparent or can be reasonably be ascertained. "Site" or "Website" means the whole or any part of the web pages located at www.eskayaffairs.com (accessed via www.eskayaffairs.com or www.eskayaffairs.com.au) including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site. "We" and "us" refer to EA, and "our" has the same meaning. "Third Parties" means persons or entities represented on the Site other than EA. "Third Party Posted Material" means posted statements, information relating to items or items offered for sale by Third Parties on some portion of this Site.
©ESKAY AFFAIRS 2009. All Rights Reserved. Not to be reproduced. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.
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