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Terms of Use

 

 

1. Website

 

This website is operated for and on behalf of The Gray Family Trust . ABN 90 016 246 064 in it's capacity as trustee of the Business Splash Alley (collectively, but not jointly or jointly and severally in any instance, referred to as the “Supplier”).
The Term " Companies " means the providers of all goods supplied to the the business Splash Alley ( "Supplier" ) for resale

Any person, firm, company, government body or other entity who accesses or uses this website is referred to as “you” or “Customer”.

 

2. Terms of Use

 

By you using this website you acknowledge and agree that you have read and understood these Terms of Use of the Supplier for the use of this website and that these Terms of Use apply exclusively to your accessing and using this website.

These Terms of Use may be varied by the Supplier from time to time by the Supplier amending these Terms of Use as they appear on this website or by notice in writing to you.
By you using this website after these Terms of Use have been varied as aforesaid, you agree that the these Terms of Use as so varied will apply exclusively to your accessing and using this website after any such variation.

 

3. Goods and Services

 

By you using this website you also acknowledge and agree you have read and understood the Terms and Conditions of the Supplier on which goods and services are supplied by the Supplier as they appear on this website and that those Terms and Conditions will apply exclusively to the supply of all goods and/or services made by the Supplier to you pursuant to orders placed by you on the Supplier using this website.

You also acknowledge and agree that the Terms and Conditions may be varied by the Supplier from time to time by the Supplier amending the Terms and Conditions as they appear on this website or by notice in writing to you.

By you using this website after the Terms and Conditions have been varied as aforesaid, you agree that the Terms of Conditions as so varied will apply exclusively to the supply of all goods and/or services made by the Supplier to you pursuant to orders placed by you on the Supplier using this website after any such variation.

 

4. Priority

 

To the extent of any inconsistency between these Terms of Use, this website or Splash Alley's Terms and Conditions:

(a) these Terms of Use will prevail over this website and the Terms and Conditions; and

(b) the Terms and Conditions will prevail over this website.

 

5. Log-in and Password

 

You will only be able to place orders on the Supplier using this website if you have created an account or guest account log-in and password, the login area can be accessed from this website.

You agree that you are responsible for the safekeeping of your log-in and password.

You also acknowledge and agree that the Supplier is not required to enquire as to the authenticity of orders for goods and services placed using the log-in and password issued to you by the Supplier, and that you are liable for all (authorised and unauthorised) orders placed using the log-in and password issued to you by the Supplier.
You agree to release and indemnify the Supplier in connection with any use (whether authorised or unauthorised) of your log-in and password.

The Supplier may suspend or cancel your log-in and password at anytime without prior notice.

 

6. Orders

 

Any order placed by you on the Supplier for goods and services using this website is subject to acceptance by the Supplier in accordance with the Terms and Conditions.

Acknowledgement of receipt of an order placed by you on the Supplier for goods and services using this website does not constitute acceptance by the Supplier.

The Supplier reserves the right to accept or reject an order placed by you on the Supplier for goods and services using this website for any reason, including (without limitation) the unavailability of ordered goods or services, an error in the price, an error in the description of the goods or services or an error in your order.

The Supplier will advise you if it is not able to accept any order placed by you on the Supplier once the Supplier has considered any such order.
You may not cancel or defer an order placed by you using this website which has payments applied against without the prior written consent of the Supplier even if the order has not yet been processed by the Supplier, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this website before it is placed.

 

7. Errors


You acknowledge and agree that despite reasonable precautions being taken, goods and services may be listed at an incorrect price or with incorrect information due to errors, corruption or like events.

In these circumstances, the Supplier will be entitled to cancel the order or to adjust the price for goods and services ordered by you using this website to the correct price and information and you agree to pay the Supplier such corrected price.

 

8. Payment

 

Payment for goods and services ordered using this website must be made in accordance with the Terms and Conditions.

If you authorise or make payment by credit card using this website, you represent and warrant to the Supplier that you are the holder of the credit card (or a duly authorised person of the credit card holder) and authorise the Supplier or the Suppliers nominated Supplier to debit the credit card for all monies owing to the Supplier for goods and services ordered by you from the Supplier using this website.

You also acknowledge and agree that the Supplier is not required to enquire as to the authenticity of orders for goods and services using the Customer’s Log-in and password nor is the Supplier required to refer to the Customer or the holder of the credit card before debiting the credit card for monies owing to the Supplier for goods and services ordered by the Customer from the Supplier using this website.

 

9. Return of Goods

 

Goods may only be returned in accordance with the Returns Policy and the Terms and Conditions, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this website before it is placed.

In the event the Supplier agrees to accept goods for return that are not damaged, oversupplied, incorrectly supplied or defective, the Supplier may charge a fee for the return of such goods.

This policy can be accessed from this website

 

10. Cancelled Orders

 

In the event the Supplier agrees to you canceling or deferring an order placed by you using this website in accordance with Clause 6 of these Terms of Use, the Supplier may charge a fee for the cancellation of such order.

 

11. Intellectual Property

 

The material on this website is copyright and is either owned or licensed by the Supplier or the Supplier's Companies. Other than for the purposes of, and subject to the conditions prescribed under the, Copyright Act 1968 (Cth) and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information, products or services obtained from any part of this website,without the prior written consent of the Supplier or the Supplier's Companies.

You are not permitted to use the trade marks, designs or other intellectual property rights of the Supplier or the Supplier's Companies without the prior written consent of the Supplier or the Supplier's Companies.

 

12. Restricted Use

 

Except as expressly prescribed in these Terms of Use or as otherwise authorised by the Supplier in writing, the Customer is provided with access to this website for the personal use of the Customer.

Without limiting the foregoing, the Customer is authorised to print hard copy portions of this website for the Customer’s own internal records and solely in connection with orders placed by the Customer using this website.

 

13. Warnings

 

You must take your own precautions to ensure that your use of this website does not expose you to risk of viruses or other forms of interference which may damage your computer system.

The Supplier does not warrant the accuracy, adequacy or completeness of information contained on this website, nor does the Supplier undertake to keep this website updated. The Supplier does not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of this website.

You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using this website.

The Supplier does not accept responsibility or liability for any of the foregoing.

 

14. Linked Web Sites

 

This website may contain links to other websites.
Those links are provided for convenience only, and the Supplier does not endorse or make any representations or warranties about those websites. The use of such websites is at the Customer’s own risk in all things.

 

15. Privacy Policy

 

The Supplier’s privacy policy can be accessed from this website.

 

16. Indemnity

 

The Customer agrees to indemnify and keep the Supplier fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which the Supplier may suffer or incur arising in any way in connection with the Customer’s use of this website or a breach by the Customer of these Terms of Use.

 

17. Disclaimer

 

To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.

To the maximum extent permitted by law and subject to the following paragraph of this Clause 15, the Customer agrees that the Supplier has no liability, and will not be liable, to the Customer or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including, without limitation, direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) the Customer or any other person may suffer or incur (whether by the negligence or fault of the Supplier or otherwise, except where the Supplier has purposefully acted in bad faith) arising in any way in connection with the use of this website by the Customer.

If rights are conferred upon the Customer or obligations are imposed upon the Company by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 15 shall be read subject to those rights or obligations, and to the extent permitted by such legislation the Supplier hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.

Subject to the preceding paragraph of this Clause 15, the Customer agrees that the liability of the Supplier (which cannot be limited beyond the following provisions) is limited to:

(a) in the case of the supply of goods by the Supplier, any 1 or more of the following (at the Supplier’s option):

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the costs of having the goods repaired; or

(b) in the case of the supply of services by the Supplier , any 1 or more of the following (at the Supplier ’s option):

(i) the supply of the services again; or

(ii) the payment of the costs of having the services supplied again.

Without reducing the effect of, and subject always to, the preceding provisions of this Clause 15, the Supplier ’s total aggregate liability (if any) to a Customer arising in any way in connection with the use of this website will not, in any event, exceed the amount invoiced by the Supplier to the Customer in connection with the use of this website by the Customer pursuant to which any such liability of the Supplier to the Customer arises.
For the sake of clarification, nothing in the preceding provisions of this Clause 15 is to be construed as the Supplier having any actual or deemed liability to the Customer or any other person as a result of or in any way arising out of or in connection with the use of this website.

 

18. Miscellaneous

 

Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, without limitation, the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.

“Terms and Conditions” means the terms and conditions of the Supplier on which goods and services are supplied by the Supplier as they appear on this website (or which have otherwise previously been agreed to by the Customer) as may be varied by the Supplier from time to time by the Supplier amending the Terms and Conditions as they appear on this website or by notice in writing to you.

The failure of the Supplier to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect the Supplier’s right thereafter to enforce or exercise same.

Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

These Terms of Use and any contract entered into between the Supplier and the Customer shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Western Australia, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by the Supplier against the Customer in any other jurisdiction.

 

Splash Alley's Terms and Conditions of Sale

 

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