TERMS & CONDITIONS

Website Terms & Conditions of Use (“Terms”)

  1. The present Terms
  2. Sign-up before purchasing
  3. Legal Capacity of user(s)
  4. Supply of the services to user(s) & Termination
  5. Disclaimer of Guarantee and Liability
  6. Use of the website and its related services by user(s)
  7. Information about the website
  8. Placement of Order(s)
  9. Price of the products
  10. Payment of the products
  11. Supply/Delivery of products
  12. Transfer of Risk and Ownership
  13. Return Policy
  14. Conditions and Warranties of the Trade Practices Act 1974 / Refunds
  15. Computer hardware & consequential loss
  16. Links to third party websites
  17. Intellectual Property
  18. Transfer & Assignment
  19. Indemnity
  20. Force majeure
  21. Governing law
  22. Waiver of Rights
  23. Operation of the website outside of Australia
  24. Privacy & personal information

 

1. The present Terms

By visiting and/or using the http://aceofsomething.com.au website, its associated services and functionality (the “website”) you agree to be bound by the Terms.

The website is owned, controlled and operated by Morgan & Taylor, a business governed under the laws of the State of Victoria, Australia, having its registered office located at 10 Radcliffe St, West Melbourne, Victoria, 3003, Australia and the Australian Business Number (ABN) of which is 18 055 650 907.

Your privacy is important to Morgan & Taylor. Morgan & Taylor’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

The present Terms are entered into by and between you and Morgan & Taylor (“us”, “our”, “we”). “you”, “user(s)”, “member(s)” and “visitor(s)” means anyone who visits this website.

If you do not agree to any provisions of the Terms, you must not use the website.

We reserve the right to make changes to these Terms from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.

 

2. Sign-up before purchasing

In order to make purchases and access some features of the website, you will need to be a registered user.

You may not use another user’s account without permission.

When registering in order to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

 

3. Legal Capacity of user(s)

By making an on-line purchase you accept these Terms and acknowledge that you (i) are over eighteen (18) years of age, and/or (ii) are entering into a binding contract with us.

Should we suffer any loss or damage, as a result of a transaction entered into between us and a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

 

4. Supply of the services to user(s) & Termination

We aim to provide a positive experience for all users. Accordingly, we reserve the right to change, i.e. alter, remove or add functionality from/to the website at any time.

We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.

We may stop (temporarily or permanently) providing access to the website to you, or to any user in general, at our sole discretion and without prior notice to you or to any such user.

We may in our sole discretion terminate your account or restrict your access to the website.

If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

 

5. Disclaimer of Guarantee and Liability

We will provide services on the website with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

  • errors, mistakes or inaccuracies on the website;
  • you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from our website;
  • any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
  • the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://aceofsomething.com.au with no characters before or after “www.morganandtaylor.com.au”.

Where any law implies a warranty into these Terms which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

  • the replacement of the goods/products or the supply of equivalent goods/products;
  • the repair of the goods/products;
  • the payment of the cost of replacing the goods/products or of acquiring equivalent goods/products; or
  • the payment of the cost of having the goods/products repaired;

 

6. Use of the website and its related services by user(s)

You agree to use the website only for purposes that are permitted by:

  • these Terms;
  • any applicable law or regulation; and/or
  • generally accepted practice or guidelines.

You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.

You agree not to use, copy, distribute, market or commercialise content except as permitted by these Terms, by law or with our prior written consent.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

 

7. Information about the website

Information about products on the website is based on material provided by suppliers and product manufacturers.

You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.

You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

 

8. Placement of Order(s)

Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase particular products in accordance with the present Terms at the price specified (including delivery and other charges).

We reserve the right to accept or reject your offer for any reason (or without any reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide you with a full refund of any payment received.

You may cancel your order only if we have not started processing it. Please contact us through the help centre.

 

9. Price of the products

The prices of products, delivery and other charges shown are in Australian Dollars and include GST where applicable.

Prices are current at time of display but are subject to change.

 

10. Payment of the products

All payments must be received in full prior to dispatch. Please read the payment section of the website for payment options.

If your payment is not received or if your payment is declined by your bank or by your credit card issuer, we cannot guarantee that we will hold the product for you despite of the placement of your order.

 

11. Supply/Delivery of products

Subject to the present Terms, we will supply/deliver the products to you shown on your order confirmation.

You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.

Please read the delivery section of the website for delivery options and details.

We do not allow personal pick-up.

 

12. Transfer of Risk & Ownership

We retain ownership of goods/products until payment is received in full.

Risk of loss or damage to the ordered goods/products shall pass to you upon delivery.

 

13. Return Policy

Unless otherwise specified, you can return any purchased items (excluding clearance items) for an exchange.

Any item not listed in our clearance section (whether sold at full price, during a promotion or on sale) will be exchanged or refunded if you send the item back within 7 days of the delivery date.

Click Here to visit our Return Policy page for more information.

 

14. Conditions and Warranties of the Trade Practices Act 1974 / Refunds

The Trade Practices Act 1974 implies into all contracts entered into with consumers certain conditions and warranties which cannot be excluded, restricted or modified.

These are in addition to any voluntary warranties offered by the manufacturer.

Under the statutory warranties:

  • We will refund, repair or replace the product received by you if such product (i) doesn’t match the sample or description, or (ii) doesn’t do what it is supposed to do, or (iii) is not of merchantable quality e.g. defective or dead-on-arrival (DOA).
  • When a refund, repair or replacement is required under the terms of this warranty, we will pay for, or reimburse you for, any shipping costs to return the original product to us.
  • Warranty applies to the original product. Any Replacement product benefits from the same warranty as the original. You must retain/keep your proof of purchase for any manufacturer warranty claims.
  • We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties i.e. the good is not DOA, not defective or faulty, or if it does match the sample or description.
  • Refunds will be issued by direct deposit, cheque or PayPal at our sole discretion.

In order to obtain these remedies:

  • You must notify us within a reasonable time (generally within 14 days after you have received the product) after you become aware that you wish to make a claim for a breach of statutory conditions and warranties. Please contact us via the help centre. Once contacted we will indicate to you what the best way to return any products. We may not accept products returned without a Return Authorisation Number.
  • In some circumstances, we may refund, replace or repair goods/products for/on which you discovered a defect or fault when you have owned and used it for some time already but such goods display a manufacturing defect or fault within a reasonable time during which such defect or fault should not have developed. Please contact us via the help centre.
  • Incorrect or defective goods/products must be returned to us in the condition received with all original packaging.
  • Replacement of good/product or refund and reimbursement of freight costs will not be made until the original good/product is received by us and your claim verified.
  • We aim to process refunds and replacements within 28 days of receipt by us of the original product/good.
  • We do not refund, repair or replace where in our reasonable opinion the product/good becomes unmerchandisable due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.

Products/Goods damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.

Goods/Products which develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.

 

15. Computer hardware & consequential loss

You understand and acknowledge that:

  • Storage media (such as hard drives) can fail without warning and if this occurs, programs, data or other information (“software”) stored on the media may be at risk of corruption or irrecoverably lost.
  • If you purchase storage media from us, whether separately or as a part of a larger electronic or computing product, it is your responsibility to guard against loss or damage to software stored on the media and to implement strategies for the safe keeping of software.
  • We recommend that you regularly back up software stored on the media.
  • In the event that storage media purchased from us becomes faulty, fails or otherwise detrimentally affects software stored on it, we will not be liable for any loss or damage, howsoever arising.
  • If you return media, whether separately or as a part of a larger electronic or computing product, to us for any reason, including replacement or repair, we will not be responsible for any data stored on the media. We make no representation that we will be able to repair any product or make a product exchange without risk to or loss of software.

 

16. Links to third party websites

The website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

 

17. Intellectual Property

We own all intellectual property rights, including but not limited to, copyright in (i) material and elements composing/constituting the website including, but without limitation, its design layout, and/or (ii) services provided by us.

Thus, Any material used on the website is protected by copyright unless otherwise stated and may not be used by any person outside of Morgan & Taylor without prior permission.  Morgan & Taylor’s copyrighted materials are protected under Australian Law.

Nothing in the present Terms gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products we provide.

 

18. Transfer & Assignment

In the event that we merge, sell or otherwise change control of our business or of this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements/transactions we have made with you.

 

19. Indemnity

You shall at all times indemnify and hold us, our directors, officers, employees and agents harmless from and against any loss (including reasonable legal costs and expenses pursuant to the principle of full indemnity) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms.

 

20. Force majeure

We shall not be liable for any delay in performing any of our obligations under these Terms if such delay is caused by circumstances beyond our reasonable control.

 

21. Governing law

The present Terms will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any provision of these Terms is found to be void, unlawful, invalid or unenforceable for any reason then such provision will be deemed to be severable from the remaining provisions of these Terms and the severed provision will not affect the validity and enforceability of any such remaining provisions.

 

22. Waiver of Rights

If we do not exercise or enforce any right or provision contained and/or provided in these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision contained in these Terms will only be effective if it is in writing and signed by us.

 

23.  Operation of the website outside of Australia

We do not take responsibility for use of the website outside of Australia where foreign or local laws may be different.  You are responsible for complying with the foreign or local laws if operating the website from outside of Australia.

 

24. Privacy & personal information

We do not collect personal information if you only browse this website.

When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the user registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.

Online payments are handled by Paypal external third party service providers. We do not see or store your credit card or banking details. Please check the eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.

Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.

We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.

We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:

  • you have consented;
  • you would expect us to or we have told you we will;
  • it is required or authorised by law;
  • it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
  • the disclosure is reasonably necessary for law enforcement.

You may request us to remove your personal information from our database by emailing us or using the contact form on the website.

Under the Privacy Act 1988 you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre or by writing to us at:

Ace of Something
10 Radcliffe Street
West Melbourne
Victoria, 3003
Australia
X

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