Terms and Conditions
These terms and conditions apply to the use of this website, including the purchase of goods and services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
Terminology
In these terms and conditions, the expressions “Pagnian”, “we”, “us” and “our” are a reference to Pagnian Imports Pty Ltd ACN 146 263 318.
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
1 Ordering procedure
You may offer to purchase goods and services described on this website for the price specified on this website.
An order may be placed by filling out our Order Form on our website, and then by clicking on the “confirm” button. Once the order is placed, you will be issued an Order Number. The Order Number will be delivered to you by email.
Your order must contain your name, email address, credit card details or other payment details and any other ordering information specified on this website.
Since we are an online business, we will primarily use email to communicate with our customers. It is your responsibility to make sure that you enter the correct contact details and that you check the chosen email address regularly for our correspondence.
Your order will be deemed as received by our company when we send you an Order confirmation to the email address you have provided to us.
Within 24 hours of receipt of your order, we will at our discretion accept or reject your offer to purchase.
You may only cancel an order once it has been submitted within 2 hours of you submitting it to us, even if our acceptance or rejection of your offer is still pending, subject to the law.
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
If we have not responded to you within 24 hours, your offer will be deemed to be rejected. We give no undertaking as to the availability of products or services advertised on this website.
Every order, after it is confirmed, will represent a separate agreement.
We reserve the right to cancel or not accept any Orders that request products and services in commercial quantities.
2 Order Changes
Once an order has been placed on the Pagnian website, it cannot be modified except as described below. This includes changes to products, quantities, sizes, delivery addresses, shipping methods, or payment details, except as described below.
Requests for order changes under exceptional circumstances may be submitted to support@pagnianimports.com.au within 2 hours of submitting the order. Such requests will be reviewed individually, and approval is at the sole discretion of Pagnian.
We do not guarantee that any requested change can be accommodated. Availability of stock, shipping arrangements, and operational constraints may affect whether a change can be applied.
If approved, we reserve the right to charge an administrative fee for order changes as stated in the ‘change of mind / returns policy’, subject to the law. This fee is a genuine pre-estimate of the business costs incurred in processing changes and is not a penalty.
3 Order Cancellation
3.1 Order Cancellation when changes
If you wish to make changes to an order, the original order must first be cancelled (see above for order change process).
Cancellation requests must be submitted promptly through Pagnian’s designated customer service channel via support@pagnianimports.com.au.
Orders that have already been processed, packed, or dispatched are not eligible for cancellation.
This policy does not exclude your rights under the Australian Consumer Law. If your product is faulty, damaged, not as described, or not provided within a reasonable timeframe, you may be entitled to a remedy including repair, replacement, refund, or cancellation as required by law.
Approved cancellations will be refunded in accordance with Pagnian’s Refund and Returns Policy and the requirements of the Australian Consumer Law. Refunds are generally processed to the original payment method.
At our sole discretion, we have the right to cancel an Order at any time before products have been dispatched, including any products or services that have been sold via Pre-sale.
3.2 Cancellation due to error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a refund to your credit card account for the amount in question.
4 Refunds
If an Order is cancelled, any funds that have been paid in relation to the Order will be refunded to the customer as soon as reasonable possible. An email that acknowledges the refund and cancellation will be provided to you.
Refunds will be provided in the case of a major failure, or if the product is received damaged, faulty, or not as described. For minor problems, where a refund is not strictly required under Australian Consumer Law, we may offer repair, replacement, or store credit, with your agreement.
Refunds are not provided for change of mind, preference, or incorrect orders, except as set out in the Pagnian Change of Mind Policy.
Refunds are not available for items damaged after delivery due to misuse or negligence, or for products purchased on promotion, unless faulty.
Refund requests may require photos of the issue, proof of purchase (order confirmation, receipt, or card statement), and documentation that troubleshooting was completed with Pagnian’s support team.
If a refund is approved, Pagnian we will provide return instructions and a shipping label. All return shipping costs are specified in our Returns Policy.
5 Review and Approval regarding faulty goods
We will assess the evidence and advise if the product is deemed faulty or not functioning. If approved, you’ll receive a refund via the original payment method within 10 business days. If declined, return shipping to you may be charged before the product is sent back.
We reserve the right to amend our Refund and Returns Policy at any time, but changes will not affect your statutory rights under Australian Consumer Law for products bought prior to amendment.
6 Warranty Policy
6.1 Overview
Pagnian is a reseller of the products it offers. Contractual warranty coverage for these products is provided according to the terms and conditions set by the relevant supplier or manufacturer. In addition, our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
6.2 Consumer Guarantees
Under the Australian Consumer Law, customers have statutory rights and remedies for major and minor failures, including:
- For a major failure, customers may choose to receive a repair, replacement, store credit, or full refund. A major failure includes situations where the product is significantly different from the description, sample, or demonstration model, unfit for its normal purpose and cannot be easily repaired, or unsafe.
- For minor failures, the supplier or manufacturer may choose to repair or replace the goods or provide a refund.
- These consumer guarantees apply regardless of any supplier or manufacturer warranties.
6.3 Supplier/Manufacturer Warranties
Warranty periods, coverage, and conditions vary by product and are set by the supplier or manufacturer.
In most cases, warranty remedies will be repair or replacement, as determined by the supplier or manufacturer.
Refunds will be issued only when required by law (e.g., in the case of a major failure under Australian Consumer Law).
6.4 Mandatory Australian Consumer Law Statement
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to choose a refund or replacement. You are also entitled to have defects rectified within a reasonable time. These statutory guarantees are in addition to any warranty provided by the supplier or manufacturer.
6.5 Exclusions
This warranty does not cover:
- Damage resulting from misuse, abuse, negligence, accidents, or improper installation.
- Normal wear and tear, cosmetic damage , damages to the original box during transit, or consumable parts.
- Commercial use unless the product is specifically designated for such use.
- Unauthorized modifications, alterations, or repairs.
- Change of mind.
6.6 Timeframes
Warranty claims must be made within a reasonable period after purchase, consistent with any express warranty period and the expected life of the product.
You are encouraged to make claims promptly once a fault is identified.
6.7 Procedure for Warranty Claims
To make a warranty claim, you should:
- Provide proof of purchase (receipt or invoice from Pagnian Imports).
- Fill and submit the form using this link: RMA Form
- Contact Pagnian customer service at 1300 262 574 or support@pagnianimports.com.au.
- Upon warranty claim approval, Pagnian will provide a return shipping label and cover reasonable return shipping costs.
- Return the product for final assessment by Pagnian and/or the supplier/manufacturer.
- All claims will be assessed in line with supplier or manufacturer warranty terms and Australian Consumer Law.
- If a claim is denied after assessment, Pagnian will notify you, and return shipping costs to you will be invoiced prior to shipping the product back.
6.8 Liability
As a reseller, Pagnian facilitates contractual warranty claims according to supplier or manufacturer policies. Our liability is limited to remedies available under Australian Consumer Law and applicable laws. We do not limit or exclude any consumer rights provided by the Australian Consumer Law. We are not responsible for indirect or consequential loss arising from the use of products.
7 Pick-Up Policy
7.1 Authorisation Requirement
All order collections require prior authorisation. You must present proof of authorisation at the time of collection to ensure security and accuracy.
7.2 Proof of Authorisation
A copy of the order ready for collection confirmation email, sent from sales@pagnianimports.com.au must be presented. Without this documentation, the order will not be released. No exceptions.
7.3 Collection Timeframe
Orders must be collected within 15 business days from the date the authorisation email is issued. Orders not collected within this period may be returned to stock, with a 10% restocking fee applied. Any restocking fees comply with applicable consumer protection laws.
All collections must be made from the designated Pagnian warehouse or collection point, as specified in the authorisation email.
c/o SendAble
Crestmead
169-171 Magnesium Drive
Crestmead, QLD 4132
Days: Monday to Friday
Hours: 8:00am – 3:00pm
7.4 Identification Requirements
You may be asked to present valid photo identification matching the order details. If someone other than the original purchaser collects the order, written authorisation from the purchaser and ID from the collector are required.
7.5 Verification Assistance
For any queries or verification assistance, customers can contact customer service at
1300 262 574 before collection.
7.6 Consumer Guarantees and Policy Compliance
This policy ensures the security and integrity of customer orders. It operates alongside statutory consumer guarantees under Australian Consumer Law, which remain unaffected by this policy. Customer rights related to faulty, misdescribed, or defective products apply even after collection.
8 Change of Mind / Returns Policy
If you wish to return an item because you have changed your mind, we will accept returns within 7 days of receiving your order, provided that:
- The product is in new, resaleable condition (unused, unassembled, in its original packaging, with all accessories and manuals included).
- The original plastic wrapping or security seal is intact.
- Proof of purchase is supplied.
- You cover the return shipping costs.
If these conditions are met, you may choose one of the following:
- A full refund (less shipping and a 10% restocking fee).
- Store credit (less a 10% restocking fee).
- An exchange (with a 10% restocking fee applied).
For “change requests” on orders that have not been dispatched but are already in process (e.g. at picking stage):
- A full refund (less a 10% restocking fee).
- Store credit (less a 10% restocking fee).
- Exchange (subject to a 10% restocking fee).
If the box is opened, or the product has been used or assembled, it will be treated as a second-hand product. In this case, we cannot authorise a return or provide a refund.
If an order has been delivered incorrectly due to an error by Pagnian, the return of the incorrect item will be arranged at Pagnian’s cost.
The correct product will be then sent to you at Pagnian's cost.
- Incorrect Products must be returned in their original, unopened packaging and unused condition.
- If the packaging has been opened, or the product has been used or assembled, it will be classified as a second-hand item. In such cases, Pagnian cannot authorise a return.
9 Store Credit Terms and Conditions
9.1 Issuance of Credit
Store credit (“Credit”) may be issued by Pagnian at its sole discretion in connection with product returns, promotional offers, goodwill gestures, or other circumstances expressly approved by Pagnian.
Credit is non-transferable, non-assignable, and has no monetary or cash value. Credit may not be redeemed for cash, refunded, or exchanged, except where required by applicable law.
These Terms do not affect your rights under the Australian Consumer Law.
9.2 Redemption of Credit
Credit may only be applied towards the purchase price of eligible products offered for sale by us.
Credit is not valid for use on the order in which it was issued and may only be applied to subsequent eligible orders.
Credit may not be applied towards shipping charges, handling fees, taxes, or the purchase of gift cards, unless expressly permitted by us.
If the Credit amount is less than the total value of the order, the remaining balance must be paid using another accepted payment method.
If the Credit amount exceeds the total value of the order, the unused portion will remain available in the customer’s account until expiration in accordance with these terms.
Credit will remain valid for a period of three (3) years from the date of issuance unless otherwise specified in writing by us or otherwise required by law.
Any Credit not redeemed within the applicable validity period will automatically expire and be forfeited without notice, subject to any requirement at law or under statute.
9.3 Restrictions
Credit cannot be combined with promotional codes, vouchers, or discounts, unless expressly permitted by us.
Credit may only be redeemed by the individual account holder to whom it was issued. Unauthorized use, sale, or transfer of Credit is strictly prohibited and may result in cancellation of the Credit and/or suspension of the associated customer account.
Credit must not be issued or used as a substitute for a refund in relation to faulty, damaged, or misrepresented products unless you consent.
9.4 Modification and Termination
We reserve the right to amend, suspend, or terminate the Credit program, including these Terms and Conditions, at any time and without prior notice, subject to applicable law.
In the event of termination, any unused Credit will automatically expire, unless otherwise required by law.
9.5 Privacy
Store credit may require a customer account; we will manage all customer data in accordance with its published Privacy Policy and relevant privacy legislation.
10 Order Verification
All orders must be inspected for accuracy and integrity within 7 days of receipt. Any discrepancies, damages, or missing items must be reported to support@pagnianimports.com.au within this timeframe.
Subject to the law, claims submitted after 7 days will not be accepted.
11 Other issues
We reserve the right to alter the specification at any time in terms of the products without providing the you with notice, but only in the interest of regular improvement. This type of an alternation in products does not entitle you to cancel the order, to return the product or to avoid your liabilities and obligations pursuant to these provided Terms and Conditions.
Our company does not accept responsibility for any Orders that are not accepted or declined because of internet connection disruptions or problems.
The goods and services are offered for sale only to persons who can make legally binding contracts.
12 Delivery and title
Delivery of the goods or services to you will be effected in the manner described on this website.
Title in the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods passes to you upon dispatch.
You acknowledge that in some cases, shipping delays do occur and if delays occur, we are not liable for any damage or loss that is caused by delays in delivery, nor to provide refunds for any amounts that have been paid for the Order or for the delivery of that Order.
You acknowledge that the products may encounter damage when they are in transit with carriers, and in this case, you may contact our company in accordance with the these terms.
Other than in accordance with these terms, we are not in any way liable to provide you with a refund or for any damages that occur while in transit or for delays that occur by carrying out the process that is outlined in these terms.
The dispatch date that is provided on the website is only an estimated dispatch date that we reasonably estimate and it may change without any notice. Whenever the schedule dispatch date of a product will be delayed for more than a week, we will provide you with an email notification using the email address that was nominated when the Order was placed.
If you provide written authority for items to be delivered without providing a signature, any and all insurance cover included will then be voided upon the item if it is left as instructed by you.
At Pagnian Imports Pty Ltd, we strive to ensure each and every order is delivered to our customers efficiently and effectively.
All orders placed on our Australian website are dispatched from a warehouse based in Brisbane, Queensland.
We use and partner with Direct Freight Express, Aramex, Allied Express couriers and Australia Post to deliver our wide range of products.
We are proud to offer FREE shipping for Australian orders over AU$499 to most territories throughout Australia.
However, if you are located in remote areas, you will be contacted in the event that we are unable to deliver to their desired location or if extra shipping costs will be required.
We will provide the cost of shipping for the customer's approval prior to dispatch of the order.
12.1 General delivery times
All orders placed Monday - Thursday, will be dispatched within 24 hours according to availability.
Orders placed Friday, Saturday and Sunday, will be dispatched within 24 – 72 Hrs from order date.
Delivery times are based on shipping from a Brisbane warehouse and vary depending on the delivery location. The following table shows estimated times to capital cities and should be used as a guide only.
- Brisbane to Brisbane / Gold Coast: 2 – 3 Business Days
- Brisbane to Sydney: 2 – 4 Business Days
- Brisbane to Canberra: 3 – 5 Business Days
- Brisbane to Melbourne: 3 – 5 Business Days
- Brisbane to Hobart: 5 – 7 Business Days
- Brisbane to Adelaide: 4 – 6 Business Days
- Brisbane to Perth: 4 – 8 Business Days
- Brisbane to Darwin: 4 – 7 Business Days
Please note that delivery times to regional and / or remote areas may vary.
Once your order has been dispatched from the warehouse, a tracking email will be provided.
For more accurate delivery times, please check the tracking information once received.
The courier that we nominate will deliver the products during business hours, which are 9am – 5am, Monday through Friday.
This will include your consignment or tracking number, a link to track the goods and details of the courier company used.
If you experience any trouble tracking your order or have questions regarding your order, please do not hesitate to contact our Customer Support Team via phone (1300 262 574), email at support@pagnianimports.com.au or using our live-chat facilities.
Alternatively, you can also contact the courier company direct, who may be able to assist directly with your enquiry.
12.2 CHRISTMAS SHIPPING DEADLINES 2024 – for information [updated every year]
The following timelines recommended to have the best chance to receive your Christmas purchase in time. Please note: these are recommendations but freight may take longer due to an increase in parcels in the lead up to Christmas.
The following is the last day of dispatch as recommended by our shipping companies for parcels however delivery may still make it before Christmas if ordering later.
Sending to NSW: 19th December
Sending to VIC: 18th December
Sending to QLD: 19th December
Sending to SA: 17th December
Sending to WA: 9th December
Sending to TAS: 12th December
Sending to Remote Areas: 6th December
HOLIDAY SEASON 2024-2025
We are open all through the Christmas and New Year period (with reduced number of Customer Service Staff Members) except for Public Holidays.
13 Payment
Payment must be effected in the manner described on the website.
We currently accept credit cards [Amex, Visa, Mastercard and any other card nominated by us], Afterpay, bank transfer, Zip pay and Paypal.
If the payment method that you have nominated triggers our internal suspect transaction protocols, we may contact you in order to rescind your transaction or to confirm any additional details that are needed.
Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
14 Product Specifications
The specifications and features of products that are depicted or described on our website are subject to change and do not require notice. Any dimensions and weights mentioned on the website are approximate.
Disclaimer
1. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
(a) we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site;
(b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
(c) and except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
(a) prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity; and
(b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
3. The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
4. Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
(a) this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
(b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that Law, is limited:
(i) in the case of goods, to any one of the following as determined by us:
(A) the replacement of the goods or the supply of equivalent goods; or
(B) the repair of the goods; or
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired;
(ii) in the case of services, to any one of the following as determined by us:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
15 Specific warnings
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over this website will meet your requirements. In particular, we make no warranties of merchantability or fitness for a particular purpose.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
16 Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, 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 our written permission.
17 Trademarks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this website).
18 Restricted use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
19 Links
19.1 In this website
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
19.2 To this website
Except on the terms separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this website (“materials”) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any materials (“controlled persons”) shall exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
(a) ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
(b) ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
(c) ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this website;
(d) ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this website rather than via their links; and
(e) being otherwise subject to our directions, including any take down, cease or desist directions.
20 Privacy policy
We undertake to comply with the terms of our privacy policy which is available on our website.
20.1 How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
20.2 Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.
20.3 Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
21 Governing law
These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
22 General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
