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TERMS AND CONDITIONSTerms of UseWelcome to the Exquisite Life Website (the "Site"). Exquisite Life Pty Ltd provides this Site as a service to its customers. Please review the following terms carefully that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Exquisite Life Pty Ltd reserves the right, at any time, to modify, alter or update these Site Terms, and you agree to be bound by such modifications, alterations or updates. You should visit this page periodically to review the terms of your use even if you may “bookmark” a particular section of this Site. Site ContentExquisite Life Pty Ltd will make every attempt to ensure that information on this Web Site is accurate, complete and current as it relates to content or product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your exquisitelife.com.au purchase you may return it with your invoice to our store or by mail. Please see our Return & Exchange Policy under Customer Service for details. PrivacyThe Privacy Policy and Security Statement form part of the Terms and Conditions. CopyrightThe Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ('the Works'), is the exclusive property of Exquisite Life Pty Ltd or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party. The Content of this Site, and the Site as a whole, are intended solely for personal, non-commercial (other than the purchase of merchandise from this Site) use by the users of this Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. TrademarksThe mark,
Merchandise AvailabilityExquisite Life puts every effort into providing quality merchandise. Availability of merchandise may vary at the Exquisite Life store and on exquisitelife.com.au. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display at exquisitelife.com.au. Display of an item at exquisitelife.com.au is not a guarantee that the item is currently in stock or that it will be available on our website when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to our website or if you have any questions concerning the availability of a particular item, please contact our Customer Service at custserv@exquisitelife.com.au or (07) 5592-5233. We will make every effort to fulfill your requests whenever possible. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance and/or shipment of any order. Product InformationThe products displayed at the Site are also available in our Surfers Paradise store. The prices displayed on the Site, are quoted in Australian Dollars. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, the particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on this Site. Please call us at (07) 5592-5233 within Australia, 61-7-55925233 for the rest of the world, for any further assistance with our products. Disclaimer of warranties and limitation of liabilityExquisite Life Pty Ltd reserves the right to modify or adapt any part of the Content (including information about a Product or Products) without notifying current or prospective customers or users. Exquisite Life Pty Ltd is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Exquisite Life Pty Ltd intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided "as is", without any warranty of any kind. The liability of Exquisite Life Pty Ltd for any breach of any implied condition or warranty conferred by the Trade Practices Act 1974 (Cth), or any similar state or territory legislation in Australia which cannot be excluded, is limited to any one or more of the following, determined by Exquisite Life Pty Ltd in its sole discretion:
To the full extent permitted by law, Exquisite Life Pty Ltd, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable. If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Exquisite Life Pty Ltd to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from Exquisite Life Pty Ltd, pursuant to an Agreement, through the Site. IndemnityYou agree to indemnify Exquisite Life and hold Exquisite Life indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material. Links to third party sitesExquisite Life Pty Ltd makes no representations whatsoever about any other web sites which You may access from this Site ('Third Party Site'). A link from this Site to a Third Party Site does not mean that Exquisite Life Pty Ltd endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user. TerminationThese terms are effective unless and until terminated by either you or Exquisite Life Pty Ltd. You may terminate this Agreement at any time. Exquisite Life Pty Ltd also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Exquisite Life Pty Ltd’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Exquisite Life Pty Ltd, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Applicable lawThe Terms and Conditions shall be governed by, and construed according to, the laws of Queensland, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of Queensland and, by using the Site, You hereby submit to that jurisdiction. Effective as of 16th of September, 2008 Address |
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, indicated on the Site, is a registered trade mark of Exquisite Life Pty Ltd in Australia and other countries. The mark may not be used, in any way, without the prior written permission of Exquisite Life Pty Ltd.