In these terms and conditions, “We” “Us” and “Our” refers to Powered Life Pty Ltd Trading As Maximise Technology ABN 88 138 520 680 (Maximise Technology). Your access to, and use of, all information on this website www.maximisetechnology.com.au (Website), including purchase of Our product(s) and services is provided subject to the following terms and conditions (Terms & Conditions).
We reserve the right to amend these Terms & Conditions at any time without notice and without reason. Your use of the Website following any amendment(s) will represent your agreement to be bound by these amended Terms & Conditions. We therefore recommend that each time you access Our Website you read these Terms & Conditions.
1. Terms of Access
1.1 This Website is owned and operated by Powered Life Pty Ltd on the World Wide Web (WWW).
1.2 The material on the Website is copyright © 2016 Powered Life Pty Ltd and/or other copyright owners.
1.3 The Website is available for you to access, conditional on your acceptance, without alteration, of the terms and conditions set out on this Website page. By continuing to access the Website you are agreeing to the terms and conditions set out below.
1.4 We may terminate access to the Website at any time without reason, and We have no liability for any costs, losses or damages of any kind arising as a consequence of any access termination.
2. Registered Users
2.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
2.3 After registration, We will provide you with a password and user name. On registration you agree to pay for Our services and products as set out on Our Website.
2.4 We reserve the right to terminate your registration at any time if you breach these Terms & Conditions.
3. Our Website Services
3.1 Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through Our Website, you acknowledge that you are over 18 years of age.
3.2 All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that Our price list is current. Our price list can be accessed from Our Homepage and We reserve the right to amend Our prices at any time. If you have placed an order, We undertake to fulfil your order at the price listed at the time you ordered.
4. Product Descriptions
4.1 We strive to ensure that Our products are described as accurately as possible on Our Website, however We do not warrant that the description is accurate. Where We become aware of any misdescription, We reserve the right to correct any error or omission.
4.2 Any images would have been provided for illustrative purposes only and We do not guarantee that any image will reproduce in true colour or that any given image will reflect or portray the full design or options relating to that product.
5. Product Orders
5.1 Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through Our Website, you acknowledge that you are over 18 years of age.
5.2 We endeavour to ensure that Our product list is current however We give no undertaking as to the availability of any product advertised on Our Website.
5.3 All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from Our Homepage and We reserve the right to amend Our prices at any time.
5.4 Packaging and postage is an additional charge, calculated at time of purchase.
5.5 When you order from Us, We require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing Us with such information you accept that We are not liable for its misuse due to error in transmission or virus or malware.
5.6 We undertake to accept or reject your offer to place an order within two (2) business days. If We have not responded to you and accepted within two (2) business days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that We do not currently have that product in stock.
5.7 Once you have submitted an order, you may not cancel that order even if Our acceptance or rejection of your offer is still pending.
5.8 Delivery of your ordered product/s will be as set out on Our Website. Title in the goods passes to you when We have received payment. Our terms of payment are set out on the order page.
5.9 All risk of loss or damage to the goods passes to you when We despatch the goods. At the time of conducting your transaction We give you the option to take out carrier insurance at an additional cost to you.
6. Order Cancellation due to Error
6.1 Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, We reserve the right to cancel a transaction. Where your credit card has been charged, We will immediately refund your credit card for the total amount debited.
7. Product Returns
7.1 We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify Us through Our designated “Contact Us” webpage, where We set out Our requirements relating to return of such goods.
7.2 If We are unable at the time of return to replace or exchange returned goods, We undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
8. Site Access
8.1 When you visit Our Website, We give you a limited licence to access and use Our information for personal use.
8.2 You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of Our content in any other way infringes Our intellectual property rights.
8.3 Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without Our prior written permission.
8.4 The licence to access and use the information on Our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag, cache or mirror Our Website, without Our prior written permission. We reserve the right to serve you with notice if We become aware of your metatag, caching or mirroring of Our Website.
9.1 This Website may, from time to time, contain links to other websites owned and operated by third parties and which are not under Our control. Such links are provided for convenience only and We take no responsibility for the content and material, and maintenance of or privacy compliance by any linked website. Any link on Our Website to another website does not imply Our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
9.2 You may link Our Website without Our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Website’s contents including any intellectual property notices and you must not frame or reformat any of Our pages, files, images, text or other materials.
10. Intellectual Property Rights
10.1 The copyright to all content on this website including applets, graphics, images, layouts and text belongs to Us or We have a licence to use those materials.
10.2 All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by Us or We have a licence to use them. Your access to Our Website does not license you to use those marks in any commercial way without Our prior written permission.
10.3 Any comment, feedback, idea or suggestion (called Comments) which you provide to Us through this Website becomes Our property. If in future We use your Comments in promoting Our Website or in any other way, We will not be liable for any similarities which may appear from such use. Furthermore, you agree that We are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
10.4 If you provide Us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
11.1 Maximise Technology is making the Website available for others without assuming a duty of care to users. We are not in the business of providing professional advice and whilst We have taken all due care in providing the information on Our Website, We do not provide any guarantee, representation or warranty, either express or implied, (including without limitation: warranties of title or implied warranties of merchantability or fitness for a particular purpose) including as to:
(1) the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW; or
(2) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
11.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms & Conditions is excluded.
11.3 We also take all due care in ensuring that Our Website is free of any virus, worm, Trojan horse and/or malware, however We are not responsible for any damage to your computer system which arises in connection with your use of Our Website or any linked website.
11.4 From time to time We may host third party content on Our Website such as advertisements and endorsements belonging to other persons. Responsibility for the content of such material rests with the owners of that material and We are not responsible for any errors or omissions in such material.
11.5 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(1) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and
(2) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
11.6 We do not warrant guarantee or make any representation that:
(1) the Website, or the server that makes the site available on the WWW are free of software viruses;
(2) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(3) errors and defects in the Website will be corrected.
11.7 We are not liable to you for:
(1) errors or omissions in the Website, or linked sites on the WWW;
(2) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(3) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of Us, Our employees or independent contractors, or through any other cause.
11.8 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
12. Limitation of Liability
12.1 The above disclaimers (or any of them) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.
12.2 To the full extent permitted by law, Our liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
(1) If the breach of an implied warranty or condition relates to services:
(a) to the supply of the services again; or
(b) the payment of the costs of having those services supplied again,
(2) If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(d) having the goods repaired
12.3 We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s We have supplied.
13.1 By accessing Our Website, you agree to indemnify and hold Us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of Our Website.
14. Force Majeure
14.1 If a Force Majeure event causing delay continues for more than twenty (20) days, We may terminate any agreement with you by giving at least two (2) days notice to you. “Force Majeure” means any act, circumstance or omission over which We could not reasonably have exercised control.
15.1 These Terms & Conditions are to be governed by and interpreted in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms & Conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts, without giving effect to any principles of conflicts of laws.
16.1 If any provision in these Terms & Conditions is invalid, void, unenforceable under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms & Conditions and the remaining provisions will remain in full force and effect.
17.1 We undertake to take all due care with any information which you may provide to Us when accessing Our Website. However We do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to Us is entirely at your own risk although We undertake to take reasonable steps to preserve such information in a secure manner.
18. Use of Website material
18.1 Except for the limited use set out in paragraph 1.3 you may not use the Website, or the material contained on it, for any purpose, including without limitation:
(1) the reproduction of the material in any material form;
(2) the distribution of the material in any material form;
(3) re-transmission of the material by any medium of communication;
(4) uploading and/or reposting the material to any other site on the WWW;
(5) “framing” the material on the Website with other material on any other WWW site.
18.2 The above are unlawful in any jurisdiction and are specifically prohibited by these Terms & Conditions.
18.3 Notwithstanding paragraph 18.1, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
18.4 You may not modify or copy:
(1) the layout of the Website; and
(2) any computer software and code contained in the Website.
18.5 We reserve all intellectual property rights, including, but not limited to: copyright in material and/or services and/or products. The material provided on the Website is provided for personal use only and may not be:
(1) re-sold and/or re-distributed in any material form;
(2) stored in any storage media; and/or
(3) re-transmitted in any media,
without Our prior written consent.