Terms & Conditions
Online Purchase Terms and Product Licence
If You do not agree to these Supply Terms, please click on “I DO NOT ACCEPT”.
- Product Information
·We will use reasonable endeavours to ensure that all product information is accurate. However, it is Your responsibility to verify that the Product You have selected is suitable for Your intended purposes.
·The Product may include small parts which may be a choking hazard. It is not suitable for children under 5 years old.
·If for any reason You are unable to complete Your purchase successfully, please contact Our technical support at firstname.lastname@example.org.
- Pricing Information
·You acknowledge that despite Our reasonable precautions, products may be listed at an incorrect price, or with incorrect information, due to typographical errors or oversight. In these circumstances, We reserve the right to cancel the transaction, even if Your order has been confirmed and Your credit card has been charged. We reserve this right up until We deliver the Product.
·If a cancellation of this nature occurs after Your credit card has been charged for the purchase, We will immediately issue a credit to Your credit card account for the amount in question.
·All prices are expressed exclusive of GST.
- Your Obligations
·You must keep Your user id and password secret. You are responsible for any transactions made using Your user id and password.
·You must complete payment before We will ship the Product, unless You have made a separate agreement with Us for payment terms. Title in the Product does not pass to You, even if delivered, until You have paid in full.
·You must ensure that the Product is used in accordance with its specifications and this agreement.
·We do not make any representations or warranties regarding any Product or its fitness for any purpose, or any matter relevant to You buying the Product other than the representations or warranties expressed in this agreement.
- Intellectual Property
The Product is protected by copyright, registered or pending patents, registered or pending design applications and trademarks. The patents/applications and designs/applications include:
Australian Patent Application Number 2009903304
Filed 14 July 2009
Australian Design Application Number 100,002,442
Filed 14 July 2009
Design No. 12542/09, 12543/09, 12544/09, 12545/09, 12546/09, 12547/09
Filed 14 July 2009
If You have a current "Viewing Invitation" then Your use of the Product is governed by that licence.
Downloadable products are for the specified number of users listed on that product. If in doubt contact email@example.com
If You do not have a current Viewing Invitation then:
·We grant You a non-exclusive licence to use the Product for personal, non-commercial purposes only for one calendar year;
·The Product is designed and packaged as a single-use product. However, You may purchase extra components from Us and re-use Your templates to build additional projects;
·You must not use, sell, license, rent, distribute, copy, reproduce, transmit, publish, create derivative works from, commercialise, or adapt any part of the Product other than as allowed under these terms; and
·If You intend to use the Product as an educational tool please contact Us to arrange for a "Viewing Invitation" which will entitle You to additional support and preferential pricing.
·To cancel an order You must contact Us immediately. We cannot cancel orders once the Product has been shipped.
·You indemnify Us for all losses resulting from Your cancelling an order.
·We reserve the right to charge an administration levy for any cancellation.
- 7 Day Replacement Policy
·Within 7 days of delivery, You can contact Us if the Product is defective in any way and we will at our sole discretion provide replacement parts, Product or a refund or credit to your trading account with us.
·If You have paid using a credit card, any refund will be done as a credit to Your credit card account for the amount in question.
·If You have not paid for the product online at the time of ordering, You are not entitled to a cash refund. Any refund will consist of a refund of any payments You have made together with a cancellation of the outstanding balance for the Product on Your account with Us.
·You must supply a street address for delivery. We cannot deliver to a post office box.
·The delivery times We give to You are estimates only and We are not liable for late delivery or non-delivery, or for any loss, damage or delay arising from late or non-delivery.
·You must ensure that the delivery instructions You supply to Us are correct.
·We reserve the right to make a reasonable charge for additional delivery and storage if You do not provide Us with proper delivery instructions at the time of ordering, or if no-one is available to accept delivery.
·Freight costs will be added onto Your invoice, as set out on the Site.
- Loss or damage in transit
·All risk in the Product passes to You once We deliver the Product to the courier, and We are not liable for loss or damage in transit.
·However, all Products are shipped via Australia Post with insurance, and You may have a right to compensation from Australia Post for loss or damage in transit.
- Limitation, Exclusions, Indemnities
·Nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy contained in the Trade Practices Act or similar legislation.
·However, to the extent permitted by law We limit Our liability to payment of an amount equal to the lowest of: (1) the cost of replacing the Product ;(2) the cost of repair of the Product; or (3) the cost of having the Product repaired or replaced.
·To the extent permitted by law, Our sole obligation under this agreement is limited to using Our best endeavours to provide the Product and to arrange the repair, replacement or refund of any Product in accordance with this agreement, and any other claims or damages including claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Product, and any indirect, special or consequential damages or injury to any person, corporation or other entity, are excluded under this agreement.
·You agree to indemnify, keep indemnified, defend and hold harmless Us, and Our officers, employees, agents and contractors from all and any liability or for any claims associated with or arising from the use or misuse of the Product by You or by anyone to whom You allow access to the Product.
·We are not be liable for default or failure in performance of Our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of terrorism, public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, supply, labour or transportation or any other cause beyond Our reasonable control.
·These terms constitute the entire agreement between the parties relating to the Product.
·This agreement shall be governed by the laws of Queensland Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.
·Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the rest of the agreement.
This site is owned and operated by Solar Education Pty Ltd atf Solar Education Trust (“We", “Us”).
YOUR WARRANTIES AND OBLIGATIONS
INTELLECTUAL PROPERTY RIGHTS
The material on the Site is protected under Australian and international copyright, patent, trade mark and other laws governing protection of intellectual property rights. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, reverse engineer, create derivative works from, adapt, or edit such materials.
Please contact Us if You wish to place a link to the Site from another website.
DISCLAIMERS AND LIMITATION OF LIABILITY
We make no representation and do not warrant that the information provided on the Site is complete, accurate or current.
THE INFORMATION, SERVICES AND MATERIAL CONTAINED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ANY LIABILITY FOR ANY LOSS, DAMAGE OR PERSONAL INJURY WHATSOEVER WHICH MAY ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE.
THIS LIMITATION OF LIABILITY EXTENDS TO LOSS, DAMAGE OR PERSONAL INJURY CAUSED DIRECTLY OR INDIRECTLY BY YOUR ACCESS TO OR INABILITY TO ACCESS THIS SITE, AND YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY.
YOU AGREE TO INDEMNIFY US, AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE.
YOUR INFORMATION AND PRIVACY
Please use caution and common sense when using the Site.
We are committed to protecting Your privacy. We will not sell, trade or rent Your personal information to others. We use the information We collect about You so that You can be registered and use the Site.
When You register as a user, We will ask you for Your name and contact details. This allows Us to process Your registration.
You acknowledge and agree that We may use non-identifiable information generated by Your activities to improve Our Site. However, We will not disclose any of Your personal information to others except where necessary to maintain the Site and provide You with products or services You have requested.
We may use Your contact details to let You know about special offers, or notify You about important changes to the Site. If You would rather not receive this information please notify Us at firstname.lastname@example.org.
LINKS TO THIRD PARTY SITES
This Site may provide links or references to other sites for Your convenience. We do not control or endorse these sites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such sites or for any damage or injury arising in connection with Your access to such sites.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
TERMINATION OF ACCESS