0 – Overview
This website is part of Alluxe Group (ABN: 18 648 904 223). Any use of the terms “we”, “us”, “our” and “Alluxe” refer to Alluxe Group. Access to this website, including all information, tools and services available from this site to you, the user, are subject to the terms and conditions stated here.
We reserve the right to amend these Terms and Conditions at any time, and your use of our website represents your agreement to be bound by any and all Terms and Conditions, including those amended. These terms are binding to all users of our site, and if you do not agree with all Terms and Conditions, then you may not access our site, nor have access to any information, tools, services or otherwise associated with Alluxe Group and this site.
1 – Online Service Terms
By agreeing to these Terms of Service, you represent that you are over the age of eighteen (18), or that you are over the age of 18 and you have given us your consent to allow any of your minor dependants to use this site with your consent or agreement on those Terms and Conditions set out.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
The use of any malware, virus, worm, data mining tool, extraction tool, mirror website, metatag, or anything similar which might impact our site, or any information, services or infrastructure related to the former, is strictly not allowed.
You are not permitted to copy any of the information available on this website, whether for purposes of display, distribution, reproduction, resale or exploitation, without former, written consent. This excludes parameters set out by the Copyright Act (1968). These Terms and Conditions give you limited access and use of our information, for personal use only.
All content and information made available on this site is either the property of Alluxe Group, its parent or subsidiaries, or we are licensed to use that content. This includes applications, graphics, images, layouts and text. All Alluxe Group trademarks, logos or brands, and those affiliated with Alluxe Group, identified by “™” or “®” are either the property of Alluxe Group, its parent or subsidiaries, or we are licensed to use them. Under these terms and conditions, your access to this website does not permit you to use those marks, or any of the aforementioned content in any commercial way, without prior written consent.
By agreeing to the Terms and Conditions, you understand that information provided by you may be changed as required to suite specific requirements set out by Alluxe Group, and networks which are connected to it. As such, you understand that this information may be transferred unencrypted.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 – Accuracy, Completeness and Timelines of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as a complete or distinctive source of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
4 – Availability and Billing
Alluxe Group reserves the right to, at any time and without prior notice, modify or discontinue our products, services, information and prices. Henceforth, Alluxe Group will not be liable for any of the aforementioned changes; to you or any third party. If you have placed an order, we will fulfil your order at the price listed at the time of your order or offer a full refund if we are unable to fulfil the order.
Our intention is to list items as accurately as possible for you, however, we cannot guarantee that images and information displayed on this site will perfectly match any product or service received. Moreover, we cannot assure you that the quality, look, specifications or general merchantability regarding our products or services will meet your own preconceived expectations. As such, we are not liable for any expectations which are not met. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We operate with limited quantities, which are subject to change or misrepresentation online through error, including product shipping times, prices and availability. By accepting these Terms and Conditions, you accept that we can discontinue our products or services at any time, or limit our provision of products or services at our own discretion, and to any degree or in any context. This includes, but is not limited to, orders that we believe may be conducted by entities intent on redistributing or reselling our product(s).
In the event that we do not accept an order, by way of changing it or cancelling it, we will attempt to contact you through information you have provided, but are not liable if we are unable to do so. If the information you have provided is false or non-current, Alluxe Group cannot be expected to complete any order or transaction. These parameters are also relevant to our Returns Policy.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor provide input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also provide access to tools and resources on this website. Such new features and/or services shall also be subject to these Terms of Service.
6 – Third-Party Links
Instances may arise on this site, in which hyperlinks to other websites might be present. These links are provided primarily for your convenience, but in no way should they be relied upon in their entirety. Alluxe is not responsible for monitoring or maintaining any third-party websites and we are not responsible for any and all results arising from clicking on a non-endorsed hyperlink.
Unless otherwise stated, Alluxe Group does not endorse any of the hyperlinks to third-parties which may be present. Any issues which may arise from using an unendorsed hyperlink should be taken up with the relevant third-party.
You may link this site without our former consent according to the following guidelines. In doing so, you accept full responsibility for any consequences which may relate to you linking this site. Through linking our site, you agree not to change or manipulate any of the content present on our website. This includes, but is not limited to, reformatting or framing any of the information available.
7 – User Comments, Feedback and Other Submissions
At times, this site may have available a means for submission of information, comments, feedback and suggestions. If you send information, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise you agree that we may, at any time, without restriction, manipulate, change, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy follow this link.
9 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
10 – Agreement
Any perceived ambiguities in these Terms and Conditions shall not be framed contra proferentem. The Terms and Conditions provided to you act conjointly with any other guidelines, rules or policies presented by us and made available to you in constituting the understanding and agreement between both parties. Your agreement with the greater Terms and Conditions dictates your use of our service in all contexts. Any prior or concurrent agreements between you and Alluxe Group are supplanted by the aforementioned entire agreement. Non-action on our behalf pertaining to a breach of any component in these Terms and Conditions does not render that part of the Terms and Conditions void, nor does it annul the Terms and Conditions or agreement(s) in their entirety.
11 – Disclaimer of Warranties; Limitations of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Alluxe Group, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12 – Indemnification
You agree to indemnify, defend and hold harmless Alluxe Group and our parent, beneficiaries, subsidiaries, affiliates, partners, officers, directors, agents, contractors, agents, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13 – Termination
Under our own discretion, if we believe you have failed to comply with our Terms and Conditions, we reserve the right to terminate any agreement between both parties and deny access to our services. This can be done without notice, and under these conditions, you will be held liable for all outstanding amounts due, up to and including the day of termination. Similarly, you may terminate the agreement at any time by way of notifying Alluxe Group that you no longer wish to use our services, or by ceasing use and observation of this site. Any liabilities incurred prior to termination by either party, shall survive termination of this agreement. All Terms and Conditions are considered effective unless terminated by either party.
14 – Salvatorious
Should any constituent of our Terms and Conditions be deemed as annullable, unlawful, and ineffectual or having the grounds for repeal, those relevant constituents shall be subject to any applicable law. Moreover, those components of the Terms and Conditions shall be considered severed from the Terms and Conditions, which will otherwise be unaffected and all remaining parts deemed as legitimate, inherent and statutory.
15 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
