STANDARD TERMS AND CONDITIONS

 

 

Sale Terms

1. These Standard Terms and Conditions (“Conditions of Sale”) apply to all supply of goods (“Goods”) by The Trustee for Foley Trading Trust (ABN 39 593 848 412) (“Kustomize it") (“Seller”) to the buyer or customer (“Buyer”), including the supply of Goods pursuant to all quotations, offers, orders or sales, or in respect of those Goods for which credit has been extended by the Seller to the Buyer. Buyer shall mean and include the Guarantor who is party to the Contract and buyer’s agent.

2. All non-account Buyers are required to pay a 50% deposit prior to the commencement of production. This deposit requirement can be varied at the discretion of the Seller.

3. The maximum Credit given to Account holders is $3000.00 + GST. For Orders or Credit exceeding $3000.00 + GST, requires a 30% deposit.

4. These Conditions of Sale do not deny the Buyer any prevailing rights under the Australian Consumer Laws or other statutory rights.

4. These Conditions of Sale may only be waived or varied in writing signed by the Seller and Buyer. Any amended Conditions of Sale will only apply to Goods supplied after the amendment.

6. The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested.

 

Payment Terms

7.  The terms of payment are strictly  Net thirty (30) days from date of invoice and payment is due and payable by that date. Interest may be charged from the date of invoice at the rate of 2.5% per centum per month or part of a month on any late payment.

8. All applicable taxes, duties or levies (including GST) on the sale of the Goods will be to the Buyer’s account.

9. The Seller may, at its option and without prejudice to any of its rights, either suspend further deliveries, require payment in advance or terminate any contract by written notice to the Buyer where the Buyer:

(a) defaults on any payment due under the agreement;

(b) being a natural person, commits an act of bankruptcy;

(c) being a corporation is subject to:

(i) a petition being presented, an order being made or a meeting being called to consider a resolution for the Buyer to be wound up, deregistered or dissolved;

(ii) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Buyer’s property and undertaking.

(iii) the entering of a scheme of arrangement (other than for the purpose of restructuring); or

(iv) any assignment for the benefit of creditors,

 

Order

10. All orders for must be placed in the manner and form required by the Seller from time to time.

11. All Buyers orders must be ‘approved’ by the Buyer prior to production and the Buyer is responsible to ensure all details on supplied proofs are correct when approving.

12. The Seller may in its absolute discretion determine from time to time a “Specified Order Quantity”, being the minimum order value or quantity for each order of Goods to be supplied to the Buyer.

13. All orders will be subject to acceptance by the Seller, which may decline an order or accept an order in whole or part in its absolute discretion. An order not declined by the Seller within 7 business days is deemed to be accepted. The Buyer acknowledges that acceptance of an order by the Seller will not imply that the Seller will accept any future order(s) placed by the Buyer.

14. Once accepted by the Seller, an order may not be cancelled by the Buyer except with the express consent of the Seller in writing.

15. Quoted turnarounds times begin upon formal approval and receipt of deposit is required.

16. Upon the acceptance of each Order by the Seller, a separate contract of sale will arise (“Contract”). Each Contract will comprise the accepted order subject to these Conditions of Sale. If there is any inconsistency between these Conditions of Sale and another provision in a Contract then the provision in the Contract will prevail only to the extent of the inconsistency.

14. These Terms and Conditions shall apply to any Invoice or Delivery Docket made to the buyer and shall bind the Guarantor even if the Guarantor’s name does not appear on any such Invoice or Delivery Docket.

15. For the avoidance of doubt no terms or conditions of the Buyer, including any terms or conditions printed on or referred to in the Buyer’s offer to purchase or order will be binding on the Seller or have any legal effect unless expressly agreed to in writing and signed by the Seller and Buyer

 

Delivery

16. While the Seller endeavours to meet delivery dates, any delay in delivery, for any reason whatsoever, will not entitle the Buyer to claim for any consequential loss or damage or to cancel the order, rescind or terminate the Contract.

17. Should circumstances beyond the control of the Seller prevent or hinder delivery, the Seller will be free from any obligation to deliver Goods while such circumstances continue. For as long as such circumstances exist, the Seller may, at its option, cancel, rescind or terminate all or any part of the Contract or keep the Contract on foot until such circumstances have ceased. Such circumstances beyond the control of the Seller include, but are not limited to: strikes, lockouts, rebellions; fire; acts of God; shortages of raw materials; acts of terrorism, Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of machinery, computers or other information technology systems.

 

Retention of Title

18. Notwithstanding delivery of the Goods to the Buyer, until the Buyer has effected full payment for the Goods and any other Goods previously supplied by the Seller:

(a) legal title to the Goods will remain with the Seller;

(b) the risk in the Goods will pass to the Buyer on delivery to the Buyer or its agent;

(c) the relationship between the Seller and the Buyer will be fiduciary;

(d) the Buyer will:

(i) hold the Goods as Bailee for the Seller;

(ii) keep these Goods separate from other goods; and

(iii) label the Goods so that they are identifiable as the goods of the Seller;

(e) with the Seller’s consent (which is given), the Buyer is at liberty to sell the Goods, in the ordinary course of the Buyer’s business, provided that the money resulting from the sale will:

(i) be held in a separate account in trust for the Seller;

(ii) not be mingled with other money; and

(iii) not be placed into an overdrawn account.

 

Acceptance of Goods

19. The Buyer will inspect the Goods immediately upon delivery to the Buyer or buyer’s agent or upon collection of that order by the Buyer’s agent or courier as the case may be.

20. All claims against the Seller regarding the quality, nature, fitness, suitability, conformance with description or defects of the Goods must be made in writing to the Seller within 5 business days of delivery. The Seller does not accept liability for any such claim not made in accordance with these Conditions of Sale, unless required by law.

21. In the event of justified objection notified by the Buyer to the Seller in accordance with these Conditions of Sale, the Seller may, at its option:

(a) reduce the purchase price by agreement with the Buyer; or

(b) accept the return of the Goods and, subject to the Goods being returned in the same condition as when they were delivered to the Buyer, refund to the Buyer the purchase price; or

(c) replace the Goods and no additional claims of any nature whatsoever may be made against the Seller.

 

Advice and Information

22. Any advice, recommendation, information, assistance or service given by the Seller in relation to Goods sold or manufactured by the Seller or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability and the Seller does not accept any liability or responsibility for any loss suffered from the Buyer’s reliance on such advice, recommendation, information, assistance or service.

 

 

The Australian Consumer Law

23. Nothing in these Conditions of Sale excludes, restricts or modifies the application of any legislation (including the Australian Competition and Consumer Act 2010 (Cth)) which by law cannot be excluded, restricted or modified. This agreement must be read and construed subject to any such statutory provisions. Subject to this provision, all representations, warranties, guarantees, terms and conditions which would otherwise be implied or imposed in this Agreement are hereby excluded. If any such statutory provisions apply, then to the extent to which the buyer is entitled to do so, its liability under those statutory provisions will be limited at its option to:

(a) the replacement of the Goods or the supply of equivalent Goods; or

(b) the repair of the Goods; or

(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

 

Intellectual Property

24. All intellectual property in connection with the Goods or the business of the Seller, including trade marks (the “Seller Trade Marks”) and copyright in the artwork, design, drawings, logos and patterns on the Goods is the sole property of the Seller. Unless expressly stated in these conditions of sale, the Buyer acquires no right, title or interest in or to any such intellectual property by virtue of these Conditions of Sale.

25. The Seller grants to the Buyer, and the Buyer accepts, a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free licence to use the Seller Trade Marks for the sole purpose of promoting and marketing the Goods, provided that the Buyer must not (whether directly or indirectly) or through a third party in any way:

(a) use, apply for, register or renew any company name, business name, trade mark, domain name or similar containing words comprised in any of the Seller Trade Marks or that is substantially identical or deceptively similar to any of the Seller Trade Marks, and Buyer must procure that its affiliates, officers and employees do not do any of the above;

(b) alter, remove, conceal or tamper with any Seller Trade Marks, numbers or other means of identification (including any labels placed by the Sellers) used in relation to the Goods;

(c) use in relation to the Goods any trade marks other than the Seller Trade Marks without obtaining the prior written consent of the Seller; or
(d) use the Seller Trade Marks either by themselves or as part of any other identification or name in relation to any Goods, Goods or services other than the Goods supplied to the Buyer under these Conditions of Sale without the prior written consent of the Seller.

26. The Seller is entitled to control the manner in which the Buyer uses the Seller Trade Marks. If the Seller objects to the manner in which the Buyer is using or permitting the use of any of the Seller Trade Marks, the Buyer agrees promptly to remedy the situation to the Seller’s satisfaction.

27. All goodwill in the Seller Trade Marks arising out of the use of the Seller Trade Marks by or on behalf of Buyer under these Conditions of Sale enures to the benefit of the Seller.

28. The Seller does not warrant that use of the Seller Trade Marks does not or will not infringe the rights of third parties. To the extent permitted by law, the Buyer must not, whether directly or indirectly or through a third party in any way:

(a) take any action or assist any other person to take action which may challenge the validity or ownership of the Seller Trade Marks or other intellectual property in connection with the Goods or the Seller’s business;

(b) engage in any conduct which endangers the capacity of any such intellectual property to be protected by design, patent, trade mark or other registration, or threatens the validity of any such registration.

 

Costs on Recovery

29. The Buyer shall pay or reimburse the Seller for all costs and/or expenses incurred by the Seller in instructing solicitors and/or debt collection agency to recover any amount overdue for payment and any costs relating to repossession for non-payment. Such costs and/or expenses shall bear interest at 2.5% per month calculated daily from the date which they are paid by the Seller until payment is received by the Seller.

CUSTOMER SUPPLIED GARMENTS

If we do not supply the specific garment style you require, the customer may bring their own garments, and Kustomize it will take every effort to ensure the quality of the decoration service meets our highest standards. However, please be sure to read through our policy:

Quality of Garments:
We only accept Customer Supplied Garments that are new and unworn. This is to protect our equipment and for sanitary reasons.
We cannot guarantee the quality or condition of customer-supplied garments. Any pre-existing flaws, stains, or damages may affect the final print quality.
Unpacking/repacking fees may apply if the garments are individually packaged & are required to be repackaged.
Heat transfer prints can leave a scorch/sheen mark on some garment materials/colour.

Print Compatibility:
Not all fabrics are suitable for all printing methods. We will assess the fabric and advise on the best printing technique, but we cannot guarantee the outcome on non-standard materials.
There are some garments that we can not print onto depending on the cuts, seams, or zippers that may prevent machine operation
We do not provide a warranty on customer supplied garments or the printing/embroidery that is applied to it.

Replacement Policy:
In the rare event that a customer-supplied garment is damaged during the printing process, we will replace it with a similar item if available. If a replacement is not possible, we will offer a refund for the cost of printing only.

Customer Liability:
It is the customer’s responsibility to check for any coatings applied to the garment that may affect the print’s longevity. For example, a water-repellent coating on any garment will significantly deteriorate the custom print very quickly.

Due to the risks associated with custom decorating onto apparel, we will not print on items with high sentimental value, or overly expensive garments that cannot be easily replaced. By bringing in your own garments, you recognize that permanent damage could be done to your garments and they will not be replaced by Kustomize it.

 

By choosing to supply your own garments for printing, you acknowledge and agree to these terms and understand the potential risks involved. We appreciate your trust in Kustomize it and we will do our best to provide you with high-quality printed garments.

If this policy is a concern, we will sincerely and regrettably have to decline your order.

 

PICKUP POLICY - 90 DAYS
 

Due to the volume of orders we have in store daily, we try our best to keep orders moving. Every 30 days we examine our completed orders to find orders that have not been collected. We call our customers to notify them that we still have their order set aside. After contacting our customers, we allow a reasonable amount of time (not to exceed 90 days past the purchase date.) for them to respond or collect their order.  We try our best to reach out multiple times during the 90 day period.  Anything left in store for 90 days past the customer’s order date will be destroyed or donated to Goodwill or another charity of our choosing.

E-COMMERCE USER AGREEMENT

Terms of service: an agreement between you and BRISBANE GRAMMAR OLD BOYS to enter and use this website and services

Welcome to the BRISBANE GRAMMAR OLD BOYS website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 BRISBANE GRAMMAR OLD BOYS Services:

• Create, design, customize products that are listed for sale.
• Buy products that are listed for sale
• Save and share designs that you may have created.
• Use our fun picture and design tools.
• Save created images and designs into public and personal galleries.
• Post your created images to social networks or bloggs that you have the legal right to do so
• Registering to subscribe to special offers and use of galleries.

 

2 Using our BRISBANE GRAMMAR OLD BOYS Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.


2.1 ELIGIBILITY CHILDREN UNDER 18.
BRISBANE GRAMMAR OLD BOYS will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.



2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:

 

 

• Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
• A person means any form of legal entity as well as any quasi-legal entity.
• A User means any person using the website and/or services provided by Kustomize it
• A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
• The word includes in any form is not a word of limitation.

 

 

 

3 User's Obligations


3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

 

 

 

1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
2. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
3. complying with all laws, regulations and rules in the uses country or jurisdiction;
4. complying with any recommendations or guidelines issued by BRISBANE GRAMMAR OLD BOYS with respect to the use of the Website and/or services and
5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

 

 

 

3.2 Restrictions on Users
Users shall not and has no right to either:

 

 

 

1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
2. use either the Website to supply any service to any person; or
3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
   1. infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
   2. is libellous, defamatory or slanderous,
   3. condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
   4. contains explicit sexual content,
   5. does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
   6. is designed to or does harass, threaten, defame or abuse others,
   7. exploits images or the likeness of minors,
   8. encourages the use of drugs or the under-age use of alcohol or cigarettes, or
   9. is generally offensive or in bad taste;
5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform,
7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
9. collect electronic mail addresses or other information from our Website,
10. impersonate another person or entity,
11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

 

 

USER ACKNOWLEDGES AND AGREES THAT BRISBANE GRAMMAR OLD BOYS MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

4. BRISBANE GRAMMAR OLD BOYS Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, BRISBANE GRAMMAR OLD BOYS shall allow user to access and use the Website and the services .

4.2 Privacy: BRISBANE GRAMMAR OLD BOYS may collect personal data concerning the user in the course of and incidental to users use of the Website and services. BRISBANE GRAMMAR OLD BOYS shall comply with, and user hereby consents irrevocably and unconditionally to BRISBANE GRAMMAR OLD BOYSs collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training
User acknowledges that BRISBANE GRAMMAR OLD BOYS has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.

4.4 Modification of the Website.
BRISBANE GRAMMAR OLD BOYS reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. BRISBANE GRAMMAR OLD BOYS shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.


5. Intellectual Property Rights

5.1 Reservation of title
user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. BRISBANE GRAMMAR OLD BOYS grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by BRISBANE GRAMMAR OLD BOYS; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, BRISBANE GRAMMAR OLD BOYS may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that BRISBANE GRAMMAR OLD BOYS does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to BRISBANE GRAMMAR OLD BOYS an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.


6. Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BRISBANE GRAMMAR OLD BOYS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BRISBANE GRAMMAR OLD BOYS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.


7. Warranties


7.1 Users warranties
User represents and warrants to BRISBANE GRAMMAR OLD BOYS that, in its use of the Website and the Services provided, it:

 

1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
2. will comply with all applicable laws, rules, and regulations.
3. User further represents and warrants to BRISBANE GRAMMAR OLD BOYS that:
4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
5. BRISBANE GRAMMAR OLD BOYS will not be required to make any payments or compensation to any person in connection with its use of such content; and
6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

 

 

7.2 BRISBANE GRAMMAR OLD BOYSs warranties
BRISBANE GRAMMAR OLD BOYS represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.

7.3 Caveats

 

 

• BRISBANE GRAMMAR OLD BOYS provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by BRISBANE GRAMMAR OLD BOYS that the functionality or operation of the Website and/or the services will:
  1. be uninterrupted or free of errors and inaccuracies;
  2. meet users requirements; or
  3. operate in the configuration or with the hardware or software used by user.
• User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
• BRISBANE GRAMMAR OLD BOYS does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which BRISBANE GRAMMAR OLD BOYS is not liable.
• BRISBANE GRAMMAR OLD BOYS does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

 

 

7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY BRISBANE GRAMMAR OLD BOYS, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance
(a) User acknowledges that neither BRISBANE GRAMMAR OLD BOYS nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of BRISBANE GRAMMAR OLD BOYS, except for representations or inducements expressly set out in these Terms of Use.


8. Exclusion and Limitation of Liability

8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall BRISBANE GRAMMAR OLD BOYS be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

 

 

1. any third party;
2. actions of user that were not expressly authorised by BRISBANE GRAMMAR OLD BOYS;
3. accident, misuse or abuse by anyone other than BRISBANE GRAMMAR OLD BOYS;
4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than BRISBANE GRAMMAR OLD BOYS;
5. products (including any hardware or software) or services not licensed or supplied by BRISBANE GRAMMAR OLD BOYS;
6. power surge or failure,
7. events of force majeure or events outside BRISBANE GRAMMAR OLD BOYSs actual control; or
8. any other condition not arising under normal operating conditions;

 

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that BRISBANE GRAMMAR OLD BOYS has been advised of the possibility of any particular loss or damage.

8.3 Links
BRISBANE GRAMMAR OLD BOYS may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that BRISBANE GRAMMAR OLD BOYS is not responsible for the operation of or content located on any such website, and BRISBANE GRAMMAR OLD BOYS cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against BRISBANE GRAMMAR OLD BOYS for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, BRISBANE GRAMMAR OLD BOYS's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally BRISBANE GRAMMAR OLD BOYS , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.


9. Termination

9.1 Termination
(a) At any time and with or without cause, BRISBANE GRAMMAR OLD BOYS may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by BRISBANE GRAMMAR OLD BOYS. In no event shall any such termination or suspension by BRISBANE GRAMMAR OLD BOYS relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, BRISBANE GRAMMAR OLD BOYS may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and BRISBANE GRAMMAR OLD BOYS shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.


10. General

10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation
BRISBANE GRAMMAR OLD BOYS may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the BRISBANE GRAMMAR OLD BOYS services.

10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment
(a) BRISBANE GRAMMAR OLD BOYS may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Delaware, United States of America (without regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.