Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the AustraliaBreathalyzer web site located at www.AustraliaBreathalyzer.com.au, and all associated sites linked to www.AustraliaBreathalyzer.com.au by AustraliaBreathalyzer, its subsidiaries and affiliates, including AustraliaBreathalyzer sites around the world (collectively, the “Site”). The Site is the property of MasterShop Pty. Ltd. ACN 150 318 175 (“MasterShop”) BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
AustraliaBreathalyzer reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, AustraliaBreathalyzer grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
- General Disclaimer
- AustraliaBreathalyzer is not liable for any loss suffered in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
- User license to AustraliaBreathalyzer
- By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to AustraliaBreathalyzer a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
- 1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
- 2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of AustraliaBreathalyzer and any other party authorised by AustraliaBreathalyzer all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of AustraliaBreathalyzer, you will execute and deliver to AustraliaBreathalyzer such instruments and take such other actions as may be required to carry out this grant of license and waiver.
- Copyright
- This website is AustraliaBreathalyzer’s intellectual property and subject to copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website, without AustraliaBreathalyzer’s prior written permission.
- Hyperlinks
- AustraliaBreathalyzer, make no representations about websites accessed through this site which are not maintained, controlled or created by AustraliaBreathalyzer. AustraliaBreathalyzer does not endorse these sites and is not responsible for their content.
- Orders
- AustraliaBreathalyzer reserves the rights to refuse or to withdraw your order at any time for certain reasons including but not limited due to product availability, an error in the price of the product description posted on this website, an error in your order or other reasons. Your contract will come into existence when you have fully paid for your order and AustraliaBreathalyzer advised you that it has accepted your order and your receipt has been confirmed.
- Delivery
- Delivery times given on this website are for indicative only, actual delivery times may vary depending on the destination.
- You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from AustraliaBreathalyzer once that commitment has been made for any reason, including without limitation, due to any delay in delivery.
- Please make sure you supply correct shipping address to avoid unnecessary delay in delivery and possible resending. We do not accept liability for delay in the event that there is no one to receive the order at the delivery address. Customer will be liable for any additional resending costs.
- Loss or Damage in Transit
- AustraliaBreathalyzer is not responsible to the buyer or any person claiming through the buyer for any loss or damage to products caused by any event of any kind by any person, whether or not AustraliaBreathalyzer is legally responsible for the person who caused or contributed to that loss.
- Liability
- Information on this site is provided "as is" without warranty of any kind. Information on this Web site may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. AustraliaBreathalyzer has a policy of continuous improvement of products and reserves the right to make improvements or changes to products without notice.
- Exclusion of Negligence
- AustraliaBreathalyzer is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
- - The performance of the product;
- - Any fact, matter or thing relating to the product; or
- - Any error in information supplied to the buyer at or after the date of the purchaser’s use of the product.
- Colour and Product Description
- We have made every effort to display the colours of our products accurately as they appear at this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the site is not as described, your sole remedy is to return it for a refund in unused condition.
- Limitation of Liability
- Except where prohibited by law, in no event will AustraliaBreathalyzer be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if AustraliaBreathalyzer has been advised of the possibility of such damages.
- Indemnity
- You agree to indemnify and hold AustraliaBreathalyzer, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against AustraliaBreathalyzer by any third party due to or arising out of or in connection with your use of the Site.
- Termination
- The Terms of Use are effective until terminated by AustraliaBreathalyzer, and AustraliaBreathalyzer may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all AustraliaBreathalyzer disclaimers and limitations of liability set out in the Terms of Use will survive.
