Acknowledgment and Acceptance of Terms & Conditions
Please note that by accessing, using or browsing this website you agree
to be bound by its terms, conditions, disclaimers and limitations of liability
("Terms and Conditions"). Please read them carefully. AdultAustralia.com.au reserves the right to amend or update such terms, conditions,
disclaimers and limitations of liability at any time without providing
notice to you. Your usage of this site and placement of an order indicate,
you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of AdultAustralia.com.aua or AdultAustralia.com.au associates in
connection with goods or services supplied to you will, subject to any
non-excludable liability for breach of conditions or warranties implied
by legislation and to the maximum extent permitted by law, at the election
of AdultAustralia.com.au, be limited to:
- in relation to goods, the replacement or repair of the goods, the
supply of equivalent goods, the payment of the cost of replacing or
repairing the goods or the payment of the cost of obtaining equivalent
goods; and
- in relation to services, the supplying of the services again or the
payment of the cost of having the services supplied again.
Copyright
Copyright in the AdultAustralia.com.au website is property of AdultAustralia.com.au
Material on this website also comprises copyright material, trademarks
and registered trademarks which are the property of AdultAustralia.com.au
and third parties. This property may only be used for the purposes of
browsing the AdultAustralia.com.au website and acquiring goods and services
of AdultAustralia.com.au.
Applicable Law
These Terms and Conditions are governed by the laws in force in Queensland,
Australia and you irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of Queensland, Australia and any courts, which
may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from AdultAustralia.com.au we may require
you to provide your name, address, email address, credit card number or
other details ("customer information"). We may subsequently
require further details to enable the processing of any orders that you
make. You agree to provide AdultAustralia.com.au with current, complete and
accurate customer information when asked to do so by the website or an
employee of www.adultaustralia.com.au
Product Information
Prices of goods and services and delivery and other charges displayed
on the AdultAustralia.com.au website are current at the time of display.
We take every reasonable care to ensure accuracy of all products listed.
However, we do not accept liability for any errors in pricing and description.
Pricing and stock availability is subject to change anytime without notice.
Placing and Accepting Orders
Orders will not be despatched until payment in full has been received
and AdultAustralia.com.au is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, AdultAustralia.com.au is not responsible for any loss or damage caused by
late delivery or cancellation of an order or a product.
Cancellation by Us
We reserve the right not to provide goods or services, terminate membership
accounts, remove or edit content or cancel orders (or part thereof) at
our sole discretion at any time. Without limiting the operation of any
other Terms and Conditions herein, we will not be held liable for loss
or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please email us immediately. Our agreement with you only comes into existence once we have
both confirmed your order and your payment has been processed. Once we
have accepted payment for an order, cancellation of the order is within
our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions
and policies relating to Returns and Exchanges.
Delivery
It is your obligation to enter the correct delivery address details at
time of ordering. If you enter the wrong address, we are not obliged to
re-send the order to the correct address at our expense. If the order is not delivered as a result of an incorrect/incomplete address supplied by you, then we are not obliged to refund your order.
We will provide you with an estimated date for delivery of all parcels
and while we make every effort to deliver by this time, all dates specified
are estimates only.
Unfortunately, we are unable give a guaranteed time of delivery.
It is the responsibility of the customer to inform AdultAustralia.com.au if
an order does not arrive. Once we learn an order has not arrived by the
due date, we will lodge enquiries with the courier to ensure delivery
occurs as soon as possible. We will not be held liable for any loss or
damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch
a replacement item immediately. Replacement items will be despatched according
to our discretion.
Without limiting the operation of any other Terms and Conditions herein,
you agree that late delivery does not constitute a failure of our agreement,
and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein,
we will not accept liability for any loss or damage arising from items
lost, stolen or damaged after delivery has taken place.
Promotions and Competitions
Other Terms and Conditions not listed herein and applying to AdultAustralia.com.au
promotions and competitions are incorporated into these terms and conditions.
Unless expressly stated, to the extent that the other Terms and Conditions
are not incompatible with the Terms and Conditions herein, the other Terms
and Conditions will be in addition to the terms & conditions herein.
To the extent that the other Terms and Conditions are incompatible with
the Terms and Conditions herein, the other Terms and Conditions shall
prevail.
Should you object to any of these Terms and Conditions (including any
subsequent amendments), you must immediately discontinue using this website.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in
the future against AdultAustralia.com.auia and AdultAustralia.com.au Associates
which relate to or are incidental to any transaction.
You agree to indemnify and hold AdultAustralia.com.au harmless from and against
any and all claims, loss or expense that may be incurred by AdultAustralia.com.au
or AdultAustralia.com.au Associates which relate to or are incidental to the
performance of its duties as described in these Terms and Conditions including
all costs of defending itself against a claim by any other person and/or
as a result of you taking any action or refraining from taking any action
or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold AdultAustralia.com.au and AdultAustralia.com.au Associates harmless from any claim made by any third party due
to or arising out of your use of this website, the violation of these
Terms and Conditions by you, or the infringement by you, or other users
of this website, of any intellectual property or other right of any person
or entity.