WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
    1.1. Welcome to https://www.aussieseoadelaide.com.au (the ‘Website’). The
    Website provides you with an opportunity to browse and purchase various
    products that have been listed for sale through the Website (the ‘Products’).
    The Website provides this service by way of granting you access to the content
    on the Website (the ‘Purchase Services’).
    1.2. The Website is operated by Aussie SEO Adelaide (ABN 32 920 246 347) .
    Access to and use of the Website, or any of its associated Products or
    Services, is provided by Aussie SEO Adelaide. Please read these terms and
    conditions (the ‘Terms’) carefully. By using, browsing and/or reading the
    Website, this signifies that you have read, understood and agree to be bound
    by the Terms. If you do not agree with the Terms, you must cease usage of the
    Website, or any of Services, immediately.
    1.3. Aussie SEO Adelaide reserves the right to review and change any of the Terms
    by updating this page at its sole discretion. When Aussie SEO Adelaide
    updates the Terms, it will use reasonable endeavours to provide you with
    notice of updates to the Terms. Any changes to the Terms take immediate
    effect from the date of their publication. Before you continue, we recommend
    you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    You accept the Terms by remaining on the Website. You may also accept the Terms by
    clicking to accept or agree to the Terms where this option is made available to you by
    Aussie SEO Adelaide in the user interface.
  3. Registration to use the Purchase Services
    3.1. In order to access the Purchase Services, you must first register as a user of
    the Website.
    As part of the registration process, or as part of your continued
    use of the Purchase Services, you may be required to provide personal
    information about yourself (such as identification or contact details), including:
    (a) Email address
    (b) Telephone number
    3.2. You warrant that any information you give to Aussie SEO Adelaide in the
    course of completing the registration process will always be accurate, correct
    and up to date.
    3.3. Once you have completed the registration process, you will be a registered
    member of the Website (‘Member’) and agree to be bound by the Terms. As a
    Member you will be granted immediate access to the Purchase Services.
    3.4. You may not use the Purchase Services and may not accept the Terms if:
    (a) you are not of legal age to form a binding contract with Aussie SEO
    Adelaide; or
    (b) you are a person barred from receiving the Purchase Services under the
    laws of Australia or other countries including the country in which you are
    resident or from which you use the Purchase Services.
  4. Your obligations as a Member
    4.1. As a Member, you agree to comply with the following:
    You will use the Purchase Services only for purposes that are permitted by:
    (a) the Terms;
    (b) any applicable law, regulation or generally accepted practices or
    guidelines in the relevant jurisdictions;
    (c) you have the sole responsibility for protecting the confidentiality of your
    password and/or email address. Use of your password by any other
    person may result in the immediate cancellation of the Purchase Services;
    (d) any use of your registration information by any other person, or third
    parties, is strictly prohibited. You agree to immediately notify Aussie SEO
    Adelaide of any unauthorised use of your password or email address or
    any breach of security of which you have become aware;
    (e) access and use of the Website is limited, non-transferable and allows for
    the sole use of the Website by you for the purposes of Aussie SEO
    Adelaide providing the Purchase Services;
    (f) you will not use the Purchase Services or Website for any illegal and/or
    unauthorised use which includes collecting email addresses of Members
    by electronic or other means for the purpose of sending unsolicited email
    or unauthorised framing of or linking to the Website;
    (g) you agree that commercial advertisements, affiliate links, and other forms
    of solicitation may be removed from the Website without notice and may
    result in termination of the Purchase Services. Appropriate legal action will
    be taken by Aussie SEO Adelaide for any illegal or unauthorised use of the
    Website; and
    (h) you acknowledge and agree that any automated use of the Website or its
    Purchase Services is prohibited.
  5. Purchase of Products and Returns Policy
    5.1. In using the Purchase Services to purchase the Product through the Website,
    you will agree to the payment of the purchase price listed on the Website for
    the Product (the ‘Purchase Price’).
    5.2. Payment of the Purchase Price may be made through Direct Debit (the
    ‘Payment Gateway Provider’)
    In using the Purchase Services, you warrant that you have familiarised yourself
    with, and agree to be bound by, the applicable Terms and Conditions of Use,
    Privacy Policy and other relevant legal documentation provided by the Payment
    Gateway Providers.
    5.3. Following payment of the Purchase Price being confirmed by Aussie SEO
    Adelaide, you will be issued with a receipt to confirm that the payment has
    been received and Aussie SEO Adelaide may record your purchase details for
    future use.
    5.4. Aussie SEO Adelaide may, at their sole discretion, provide a refund on the
    return of the Products within 3 days where the Product packaging is unopened
    and remains in a saleable condition. You acknowledge and agree that you are
    liable for any postage and shipping costs associated with any refund pursuant
    to this clause.
  6. Warranty
    6.1. Aussie SEO Adelaide’s Products come with guarantees that cannot be
    excluded under the Australian Consumer Law. You are entitled to a
    replacement or refund for a major failure of the Product and compensation for
    any other reasonably foreseeable loss or damage. You are also entitled to
    have the Products repaired or replaced if the Products fail to be of acceptable
    quality and the failure does not amount to a major failure (the ‘Warranty’).
    6.2. You may make a claim under this clause (the ‘ Warranty Claim ‘) for material
    defects and workmanship in the Products within 12 months from the date of
    purchase (the ‘ Warranty Period’).
    6.3. In order to make a Warranty Claim during the Warranty Period, you must
    provide proof of purchase to Aussie SEO Adelaide showing the date of
    purchase of the Products, provide a description of the Products and the price
    paid for the Products by sending written notice to Aussie SEO Adelaide at 16
    harvey crt, Mawson Lakes, Adelaide, South Australia, 5095 or by email at
    contact@aussieseo.com.au.
    6.4. Where the Warranty Claim is accepted then Aussie SEO Adelaide will, at its
    sole discretion, either repair or replace any defective Products or part thereof
    with a new or remanufactured equivalent during the Warranty Period at no
    charge to you for parts or labour. You acknowledge and agree that you will be
    solely liable for any postage or shipping costs incurred in facilitating the
    Warranty Claim.
    6.5. The Warranty shall be the sole and exclusive warranty granted by Aussie SEO
    Adelaide and shall be the sole and exclusive remedy available to you in
    addition to other rights and under a law in relation to the Products to which this
    warranty relates.
    6.6. All implied warranties including the warranties of merchantability and fitness for
    use are limited to the Warranty Period.
    6.7. The Warranty does not apply to any appearance of the supplied Products nor
    to the additional excluded items set forth below nor to any supplied Products
    where the exterior of which has been damaged or defaced, which has been
    subjected to misuse, abnormal service or handling, or which has been altered
    or modified in design or construction.
  7. Copyright and Intellectual Property
    7.1. The Website, the Purchase Services and all of the related products of Aussie
    SEO Adelaide are subject to copyright. The material on the Website is
    protected by copyright under the laws of Australia and through international
    treaties. Unless otherwise indicated, all rights (including copyright) in the site
    content and compilation of the website (including text, graphics, logos, button
    icons, video images, audio clips and software) (the ‘Content’) are owned or
    controlled for these purposes, and are reserved by Aussie SEO Adelaide or its
    contributors.
    7.2. Aussie SEO Adelaide retains all rights, title and interest in and to the Website
    and all related content. Nothing you do on or in relation to the Website will
    transfer to you:
    (a) the business name, trading name, domain name, trade mark, industrial
    design, patent, registered design or copyright of Aussie SEO Adelaide; or
    (b) the right to use or exploit a business name, trading name, domain name,
    trade mark or industrial design; or
    (c) a system or process that is the subject of a patent, registered design or
    copyright (or an adaptation or modification of such a system or process).
    7.3. You may not, without the prior written permission of Aussie SEO Adelaide and
    the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or
    change in any way the Content or third party content for any purpose. This
    prohibition does not extend to materials on the Website, which are freely
    available for re-use or are in the public domain.
  8. Privacy
    Aussie SEO Adelaide takes your privacy seriously and any information provided through
    your use of the Website and/or the Purchase Services are subject to Aussie SEO
    Adelaide’s Privacy Policy, which is available on the Website.
  9. General Disclaimer
    9.1. You acknowledge that Aussie SEO Adelaide does not make any terms,
    guarantees, warranties, representations or conditions whatsoever regarding
    the Products other than provided for pursuant to these Terms.
    9.2. Aussie SEO Adelaide will make every effort to ensure a Product is accurately
    depicted on the Website, however, you acknowledge that sizes, colours and
    packaging may differ from what is displayed on the Website.
    9.3. Nothing in these Terms limits or excludes any guarantees, warranties,
    representations or conditions implied or imposed by law, including the
    Australian Consumer Law (or any liability under them) which by law may not be
    limited or excluded.
    9.4. Subject to this clause, and to the extent permitted by law:
    (a) all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in these Terms are excluded; and
    (b) Aussie SEO Adelaide will not be liable for any special, indirect or
    consequential loss or damage (unless such loss or damage is reasonably
    foreseeable resulting from our failure to meet an applicable Consumer
    Guarantee), loss of profit or opportunity, or damage to goodwill arising out
    of or in connection with the Purchase Services or these Terms (including
    as a result of not being able to use the Purchase Services or the late
    supply of the Purchase Services), whether at common law, under contract,
    tort (including negligence), in equity, pursuant to statute or otherwise.
    9.5. Use of the Website, the Purchase Services, and any of the products of Aussie
    SEO Adelaide is at your own risk. Everything on the Website, the Purchase
    Services, and the Products of Aussie SEO Adelaide, are provided to you on an
    “as is” and “as available” basis, without warranty or condition of any kind. None
    of the affiliates, directors, officers, employees, agents, contributors, third party
    content providers or licensors of Aussie SEO Adelaide make any express or
    implied representation or warranty about its Content or any products or
    Purchase Services (including the products or Purchase Services of Aussie SEO
    Adelaide) referred to on the Website. This includes (but is not restricted to) loss
    or damage you might suffer as a result of any of the following:
    (a) failure of performance, error, omission, interruption, deletion, defect,
    failure to correct defects, delay in operation or transmission, computer
    virus or other harmful component, loss of data, communication line failure,
    unlawful third party conduct, or theft, destruction, alteration or
    unauthorised access to records;
    (b) the accuracy, suitability or currency of any information on the Website, the
    Purchase Service, or any of its Content related products (including third
    party material and advertisements on the Website);
    (c) costs incurred as a result of you using the Website, the Purchase Services
    or any of the Products;
    (d) the Content or operation in respect to links which are provided for the
    User’s convenience;
    (e) any failure to complete a transaction, or any loss arising from e-commerce
    transacted on the Website; or
    (f) any defamatory, threatening, offensive or unlawful conduct of third parties
    or publication of any materials relating to or constituting such conduct.
  10. Limitation of Liability
    10.1. Aussie SEO Adelaide’s total liability arising out of or in connection with the
    Purchase Services or these Terms, however arising, including under contract,
    tort (including negligence), in equity, under statute or otherwise, will not exceed
    the most recent Purchase Price paid by you under these Terms or where you
    have not paid the Purchase Price, then the total liability of Aussie SEO Adelaide
    is the resupply of information or Purchase Services to you.
    10.2. You expressly understand and agree that Aussie SEO Adelaide, its affiliates,
    employees, agents, contributors, third party content providers and licensors
    shall not be liable to you for any direct, indirect, incidental, special
    consequential or exemplary damages which may be incurred by you, however
    caused and under any theory of liability. This shall include, but is not limited to,
    any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
    business reputation and any other intangible loss.
    10.3. Aussie SEO Adelaide is not responsible or liable in any manner for any site
    content (including the Content and Third Party Content) posted on the Website
    or in connection with the Purchase Services, whether posted or caused by
    users of the website of Aussie SEO Adelaide, by third parties or by any of the
    Purchase Services offered by Aussie SEO Adelaide.
  11. Termination of Contract
    11.1. The Terms will continue to apply until terminated by either you or by Aussie
    SEO Adelaide as set out below.
    11.2. If you want to terminate the Terms, you may do so by:
    Your notice should be sent, in writing, to Aussie SEO Adelaide via the ‘Contact
    Us’ link on our homepage.
    (a) notifying Aussie SEO Adelaide at any time; and
    (b) closing your accounts for all of the Purchase Services which you use,
    where Aussie SEO Adelaide has made this option available to you.
    11.3. Aussie SEO Adelaide may at any time, terminate the Terms with you if:
    (a) you have breached any provision of the Terms or intend to breach any
    provision;
    (b) Aussie SEO Adelaide is required to do so by law;
    (c) the partner with whom Aussie SEO Adelaide offered the Purchase
    Services to you has terminated its relationship with Aussie SEO Adelaide
    or ceased to offer the Purchase Services to you;
    (d) Aussie SEO Adelaide is transitioning to no longer providing the Purchase
    Services to Users in the country in which you are resident or from which
    you use the service; or
    (e) the provision of the Purchase Services to you by Aussie SEO Adelaide is,
    in the opinion of Aussie SEO Adelaide, no longer commercially viable.
    11.4. Subject to local applicable laws, Aussie SEO Adelaide reserves the right to
    discontinue or cancel your membership to the Website at any time and may
    suspend or deny, in its sole discretion, your access to all or any portion of the
    Website or the Purchase Services without notice if you breach any provision of
    the Terms or any applicable law or if your conduct impacts Aussie SEO
    Adelaide’s name or reputation or violates the rights of those of another party.
    11.5. When the Terms come to an end, all of the legal rights, obligations and
    liabilities that you and Aussie SEO Adelaide have benefited from, been subject
    to (or which have accrued over time whilst the Terms have been in force) or
    which are expressed to continue indefinitely, shall be unaffected by this
    cessation, and the provisions of this clause shall continue to apply to such
    rights, obligations and liabilities indefinitely.
  12. Indemnity
    12.1. You agree to indemnify Aussie SEO Adelaide, its affiliates, employees, agents,
    contributors, third party content providers and licensors from and against:
    (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
    damage (including legal fees on a full indemnity basis) incurred, suffered
    or arising out of or in connection with any Content you post through the
    Website;
    (b) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so and any breach by you or your agents
    of these Terms; and/or
    (c) any breach of the Terms.
  13. Dispute Resolution
    13.1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not
    commence any Tribunal or Court proceedings in relation to the dispute, unless
    the following clauses have been complied with (except where urgent
    interlocutory relief is sought).
    13.2. Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
    Terms, must give written notice to the other party detailing the nature of the
    dispute, the desired outcome and the action required to settle the Dispute.
    13.3. Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties’) must:
    (a) Within 14 days of the Notice endeavour in good faith to resolve the
    Dispute expeditiously by negotiation or such other means upon which they
    may mutually agree;
    (b) If for any reason whatsoever, 7 days after the date of the Notice, the
    Dispute has not been resolved, the Parties must either agree upon
    selection of a mediator or request that an appropriate mediator be
    appointed by the President of the Australian Mediation Association or his
    or her nominee;
    (c) The Parties are equally liable for the fees and reasonable expenses of a
    mediator and the cost of the venue of the mediation and without limiting
    the foregoing undertake to pay any amounts requested by the mediator as
    a pre-condition to the mediation commencing. The Parties must each pay
    their own costs associated with the mediation;
    (d) The mediation will be held in Adelaide, Australia.
    13.4. Confidential
    All communications concerning negotiations made by the Parties arising out of
    and in connection with this dispute resolution clause are confidential and to the
    extent possible, must be treated as “without prejudice” negotiations for the
    purpose of applicable laws of evidence.
    13.5. Termination of Mediation:
    If 2 weeks have elapsed after the start of a mediation of the Dispute.
    Dispute has not been resolved, either Party may ask the mediator to terminate
    the mediation and the mediator must do so.
  14. Venue and Jurisdiction
    The Purchase Services offered by Aussie SEO Adelaide is intended to be viewed by
    residents of Australia. In the event of any dispute arising out of or in relation to the
    Website, you agree that the exclusive venue for resolving any dispute shall be in the
    courts of South Australia, Australia.
  15. Governing Law
    The Terms are governed by the laws of South Australia, Australia. Any dispute,
    controversy, proceeding or claim of whatever nature arising out of or in any way relating
    to the Terms and the rights created hereby shall be governed, interpreted and construed
    by, under and pursuant to the laws of South Australia, Australia, without reference to
    conflict of law principles, notwithstanding mandatory rules. The validity of this governing
    law clause is not contested. The Terms shall be binding to the benefit of the parties
    hereto and their successors and assigns.
  16. Independent Legal Advice
    Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent legal
    advice and declare the Terms are not against public policy on the grounds of inequality
    or bargaining power or general grounds of restraint of trade.
  17. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent
    jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.