ACKNOWLEDGMENT AND ACCEPTANCE
By using the website http://www.skarong.com. (“website”), you agree to be bound by these Terms and Conditions, which form a legally binding contract between you and SKARONG (“SKARONG, “we”, “us” or “our”) and its successors and assignees.
Your purchase from the website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older, or have the consent of a legal guardian who is eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18) years or older. If you do not agree to these Terms and Conditions, please do not use our website.
USE OF THIS WEBSITE
You must only use this website for lawful purposes and agree not to use it in a way that violates our rights or the rights of any third party. You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and that you may only download, print or use content for this purpose. You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website without our prior express written consent.
SKARONG has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
Access to the Website is permitted on a temporary basis, and SKARONG reserves the right to withdraw or amend the Services without notice. SKARONG will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, SKARONG may restrict access to some parts or all of the Website without notice.
When placing information on our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary to the delivered product depending on your monitor and computer equipment. We cannot guarantee that the product images on our website are an exact representation of the actual products you receive. If you're unhappy with your delivered product, please review our Exchange / Returns Policy.
We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details. We also reserve the right to terminate your SKARONG account for any reason.
All orders are made subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your order. In some cases immediate notification is not possible and we may need to reject an order where later establish that it is unavailable for delivery. Alternatively we may contact you to advise you of a delay in restocking a particular product and delivery of your order.
If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product.
VARIATION OF PRODUCTS AND PRICE
You agree to pay the purchase price for the products as specified on the website. The price with respect to any Goods is specified on the Website and is exclusive of any delivery fee (see Shipping).
Unless otherwise stated, all Prices quoted are in $AUD and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
SKARONG reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
SKARONG will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
TERMS OF SALE
By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and SKARONG with respect to the supply of the Goods in accordance with these Terms.
All Orders are subject to availability of the Goods and confirmation of the Order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (please see ‘Shipping’) for which SKARONG will not be responsible.
The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
SKARONG reserves the right to accept or reject an Order for any reason at any time.
When placing an Order the Customer undertakes that all details that are provided to SKARONG are true and accurate, that the Customer is an authorised user of the credit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
Please refer to Payment.
All prices are quoted in, and orders are calculated, in Australian Dollars (AUD). You must pay for your products purchased on this website at the time of placing an order.
We only accept payment via PayPal through which you can also pay using debit card, MasterCard, Visa and American Express. We reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
We will always act to protect the details of your payment and purchase however in the absence of negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.
Title in the products will not pass to you until the later of delivery or until your payment has been processed or otherwise received by us. If your payment is declined or reversed for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
Please refer to our Shipping Policy.
Please refer to our Exchange/Returns Policy.
CANCELLING AN ORDER
Once your order has been placed you cannot cancel the order. At your request, we are unable to cancel an order or stop an order from being dispatched. If you have incorrectly placed an order please refer to our Returns Policy.
COPYRIGHT, TRADE MARKS AND OWNERSHIP OF RIGHTS
The copyright, trademarks and other intellectual property rights contained within this website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.
Intellectual Property includes but is not limited to:
1. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
2. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
3. all work product developed in whole or in part by us.
This web site contains trade marks of SKARONG. No licence, interest or right to or in any such trademarks of SKARONG is granted to or conferred upon you. Any reproduction or use of any of the content on this site, without the express written consent of SKARONG or unless expressly authorised by law, is prohibited.
If you use any of SKARONG’s trade marks to refer to our activities, products or services, you must include a statement attributing those trade marks to us. You must not use any of our trademarks:
1.in or as the whole or part of your own trademarks;
2.in connection with activities, products or services which are not ours;
3.in a manner which may be confusing, misleading or deceptive; or
4.in a manner that disparages us or our information, products or services.
This Web site may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than SKARONG. These trademarks, trade names or brand names are the property of the respective owners and references to them do not suggest sponsorship or association with SKARONG.
SKARONG has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
Linking to the SKARONG web page is prohibited without express written permission from SKARONG. Framing, inline linking or other association of the SKARONG web site or its materials with links, advertisements and/or other information not originating from the skarong.com web site is prohibited absent express written permission from SKARONG.
ELECTRONIC COMMUNICATIONS AND YOUR CONDUCT
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
1. restrict or inhibit any other user from using or enjoying any Communication Facility;
2. post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
3. post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
4. post or transmit any material of any kind which contains a virus or other harmful component;
4. post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
7. download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
LIMITATION OF LIABILITY
In no event will SKARONG be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from the use of or reliance on the information present.
The information contained on this website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information.
DAMAGE TO COMPUTERS OR OTHER DEVICES
We take reasonable steps to ensure that our website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this website or any website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
You must not misuse this website by introducing technologically harmful material, including but not limited to, viruses and trojans or by attempting or actually breaching the website’s security mechanisms.
THIRD PARTY WEBSITES
This website may contain links to third party websites. We are not responsible for the condition or content of those websites as they are not under our control. You access those websites and/or use the website's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the websites or the products or services provided on the website.
We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external website. Any concerns regarding an external link, should be directed to its responsible website administrator or webmaster.
Your privacy is very important to us and we will always act to protect your personal information. SKARONG is dedicated to the protection of your personal information. Any information that you provide to SKARONG through this website will only be used by us in response to contact made by you. No information is passed on to any third parties whatsoever.
PASSWORD AND ACCOUNT SECURITY
It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account.
These Terms may be amended from time to time without notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you. Your use of this website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the website.
We will not accept responsibility if this website is unavailable to you as a result of computer downtime, malfunction or other factor/s beyond our control.
CORRECTION OF ERRORS
Occasionally there may be content on this website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.
If you believe that there is a typographical error, inaccuracy or oversights on this website please contact us by email at firstname.lastname@example.org
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
If the performance of SKARONG’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of SKARONG, SKARONG will not be liable for any loss or damage suffered by the Customer or any other person and SKARONG will give the Customer written notice if the force majeure event has continued unabated for 30 days.
Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this website. A notice as outlined above will be sent to you.
You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We operate this website from our office in Australia; however this website may be accessed throughout Australia and overseas. The laws of Australia govern these Terms. We make no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding, negotiations or arrangement between you and us, whether oral or in writing