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Terms and ConditionsBy accessing this website you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and should leave it immediately.We have taken great care to ensure that the Items on our website are presented as accurately as possible. However color clarity will depend upon your own personal monitor and we therefore cannot guarantee that the co lour of the actual Item is absolutely accurate. Before placing an order please read through these Terms. To be eligible to purchase Items on this Website you must warrant that the personal information which you are required to provide when you purchase is true, accurate and current in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. By using this site you agree to comply with, and be bound by, these Terms. We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed. Editing, Deleting and Modification We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site. Indemnification You agree to indemnify, defend and hold Link Fast and it's directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement. Nontransferable Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable. Credit Cards We allow orders to be processed online using a valid credit or debit card. Your credit card company may undertake an additional security check to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery. Passing of property and risk We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you. Copyright and Trade Marks All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of ourselves, our affiliates, our partners or our licensors, and is protected by Australian and international copyright laws. The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of ourselves, our affiliates, our licensors or our partners, in Australia and other countries, and are protected by Australian and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. Limited Licence We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilize any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion. The limited licence set forth in this section does not include the right to: You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may: a. link to, but not replicate, our Content; Any unauthorized use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law. Third Party Links We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit. Representations and Warranties: Limitations of liability The site is provided on an "as is" and on an "as available" basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever, express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, as to the operation of the site or the information, content, graphics, links, materials, products, or services included on the site, or their accuracy, reliability, completeness or timeliness. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any a. interruption of business; Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred Australian Dollars (AUD $100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Disputes To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from ourselves shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Australian Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Australia, and all applicable provisions of this section shall apply. General You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from ourselves, and supersede and govern all prior proposals, agreements, or other communications. If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Ourselves shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. If you have any questions regarding these Terms, please contact us. Governing Law Your use of this Website and any purchase by you of any Item from Ourselves shall be governed by United Kingdom law and you hereto submit to the exclusive jurisdiction of the United Kingdom courts. |
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