Terms & Conditions.
These standard terms and conditions apply to the Agreement between Us and You relating to provision of the Products. By accessing and using the Website, including placing any Order via the Website, You agree to be bound by the terms and conditions in this Agreement (Terms), which may be varied by Us from time to time. Words which are capitalised may be defined in clause1.
INTERPRETATION
In the Agreement, unless the context otherwise requires:
Agreement means the agreement between Us and You relating to the Products pursuant to the Terms;
GST has the meaning defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Privacy Policy means any privacy policy We may have as amended by Us from time to time and which is accessible from the Website;
Product means any good sold by Us via the Website;
Product Information means all information relating to a Product supplied by Us;
Price means the GST inclusive priceor the Product as stated on the Website as at the date of the relevant Order;
Terms means the terms and conditions of this Agreement as varied by Us from time to time;
Us / We / Our means Dahwin Advisory and/or Our assigns;
Website means the Our website or any third party eCommerce site utilised by Us,
You / Yours means a visitor and/or user of the Website aged 18 years or over.
USE OF THE WEBSITE
In order to use the Website, and place an Order, You will need to provide Us with certain personal information. Unless compelled to do so by law, or in accordance with the Terms, We will not disclose any personal information You provide to Us otherwise than in accordance with Our Privacy Policy, which You can access from the Website.
Any information on the Website, except Product Information, is general in nature and should not be relied upon without first seeking appropriate professional advice.
Any photographs or other visual depictions appearing on the Website or otherwise in relation to any Product are intended to be indicative only.
We may suspend, terminate, disable, or block access to the Website. We do not warrant that the Website will be available at any particular time.
REFUNDS
We will refund the Price and any other charge imposed by Us in relation to a Product if:
an administrative or technical error has caused an incorrect Price to be charged to You (in relation to which we have received payment); or
Product Information in respect of a Product purchased by You was fundamentally in error.
All requests for refunds must be sent to info@dahwin.com together with details of the Product in relation to which a refund is sought and also the reason for the refund request.
In circumstances other than those referred to in clause 1, we may, at our sole discretion, refund the Price, to You if We determine that it is appropriate in all the circumstances to do so.
LICENCE TO USE INTELLECTUAL PROPERTY
By purchasing a Product, which may hold or utilise intellectual property including, but not limited to, copyrighted works, trade marks and service marks, we are granting to You a revocable, non-exclusive licence throughout the world to use and exploit the intellectual property to the full extent and purpose for which it is created and permitted by intellectual property law in any jurisdiction in which the Product is available to users.
LIMITATION OF LIABILITY
Subject to this clause 5, and to the extent permitted by law, We and Our employees, contractors or agents accept no liability arising out of the supply or non-supply of the Products or otherwise by virtue of this Agreement, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Us, Our employees, contractors or agents, in which case Our liability shall be limited to, as we determine:
the replacement of the Products or the supply of equivalent Products; or
the payment of the cost of replacing the Products or of acquiring equivalent Products.
Our liability for failure to comply with a Guarantee shall be limited to, as we determine:
the replacement of the Products or the supply of equivalent Products; or
the payment of the cost of replacing the Products or of acquiring equivalent Products.
Nothing in this clause 8 shall be read or applied so as to purport to exclude, restrict, or modify, or have the effect of excluding, restricting, or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted, or modified.
WARRANTY
We are not responsible for product delivery delays where such delays are the result of factors outside Our control.
We do not warrant or purport to warrant:
your business continuity where application programming interface (API) daily maximums are reached. APIs are not within our control;
the performance, success or resultant outcomes of the Product which are dependent upon third party products or services used in the provision of the Product;
internet speed or responsiveness, nor the provision of services of third-party social media platforms;
the performance of third-party platform products or services engaged by You; and
the Product where any failure of the Product results from the provision of non-current, or otherwise incorrect information from You, or the failure otherwise, by You to meet the terms of this Agreement.
INDEMNITY
You indemnify, and keep indemnified Us, our officers, employees, volunteers and agents against all claims, actions, demands, proceedings, liabilities, damages, costs and expenses whatsoever and howsoever arising, paid, suffered or incurred by You, your officers, employees or agents, directly or indirectly as a result of or in connection with the provision of the Product and the ongoing use of the Product by You.
MISCELLANEOUS
A waiver of, or failure by Us to enforce, a right arising under the Agreement by Us does not affect any other of Our rights, whether arising under the Agreement or otherwise.
If any clause of the Agreement is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
If performance of any obligation arising under the Agreement is prevented or delayed, wholly or in part, by reason of an act of nature, or the consequence thereof including, but not limited to fire or flood, or other causes beyond the control of Us, either or both of Us or You may:
perform the Agreement (or the unperformed part thereof) within a reasonable time from the removal of the cause preventing or delaying performance; or
rescind unconditionally, and without liability, the Agreement (or the unperformed part thereof).
The Agreement contains the entire Agreement between Us and You with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.
The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Victoria and Us and You submit to the non-exclusive jurisdiction of the courts of that State.
Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement.
We may vary these Terms at any time without notice.
We reserve all Our rights to the extent that they are not reserved by the Terms.
TERMS & CONDITION complaints and enquiries
If you have any queries or complaints about our TERMS & CONDITIONS please contact us at:
info@dahwin.com