Terms and Conditions
By ordering or registering with www.surviven.com.au you grant us the right to add your contact details to our database and also acknowledge the receipt of email for order and shipping updates. From time to time we may contact you regarding offers, special events and new products.
Unsubscribing is easy via a link at the footer of each email or contacting us at firstname.lastname@example.org
In these terms and conditions, the expressions “we” , “us” and “our” are a reference to SurviveN the owner of the website.
In these terms and conditions the expressions “you, yourself” is reference to the end user.
“Website” means www.surviven.com.au
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.
Should interaction by you be permitted or allowed on our website, you agree to abide by the following terms and condition in relation to such interaction:
we reserve the sole discretion to amend, adapt and remove any content from our website without notice at any time;
we do not warrant that we will respond to questions or comments submitted by you;
any content that you post or transmit to our website is and will be treated by us as non-confidential and non-proprietary and we may use such content without restriction;
when you post or transmit any content to our website, you assign copyright which subsists in such content to us;
you must not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users;
you must not impersonate any other person;
any content that you provide may be posted on the website or social network sites for any other end users of the website to read;
if you download any content from the interactive part of our website, you may not adapt, reproduce, store, distribute, transmit, print, display, publish, create derivative works from or commercialise any information, products or services from such downloaded content.
You agree that you will not post or transmit on or to our website any content that:
is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
incites or encourages conduct that is unlawful;
contains information that is false or misleading;
contains unsolicited advertising or promotional materials
contains material in which the copyright is owned by another person or entity, is not your original work or is sourced from any third party;
contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
You acknowledge that we have the right to monitor the contents of the entire Website, including but not limited to emails, forums, posting and advertisements. You acknowledge that while we have the right to monitor the entire Website, we do not have an obligation to monitor the website. We advise that monitoring of the website is to ensure compliance with the terms and conditions, privacy policies and guidelines contained within the website. Monitoring of the Website will also occur to ensure compliance with all applicable laws and regulations.
We reserve the right to remove any content posted on the website.
DISCLAIMER AND LIMITATION OF LIABILITY
In this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates and related third parties.
We are unable to guarantee that the use of the website will be uninterrupted or error free and you agree that use of the website is at your sole risk.
We do not accept responsibility for any loss, damage, injury, expense or cost, however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, 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 website.
We accept no responsibility for any equipment you use to access the website or any loss, damage, injury, expense or cost suffered to that equipment.
We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears on our website.
We do not accept any liability for the accuracy or content of any material posted or transmitted by other users to our website. We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by another user.
We do not accept any responsibility or liability for any content which you post or transmit to our website, nor do we accept any responsibility for any use or misuse which you or any other users or guests make of content which you post or transmit to our website.
If you download any content from our website, you acknowledge that we are not liable to you for any loss, damage, injury, expense or cost, however caused or incurred, arising from the downloading or subsequent use of the downloaded content.
You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (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 over this website.
You may offer to purchase goods or services described on this website for the price specified on this website.
Your order must contain your name, email address, credit card details and any other ordering information specified on this website.
Your conduct in placing an order on this website acknowledges your acceptance of these terms and conditions.
Once your order has been received we will, with seven (7) days provide an electronic order confirmation.
Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. The goods or services are offered for sale only to persons who can make legally binding contracts.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to decline or accept your order for any reason. All orders placed may obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications (i.e. 100 points of identification) or information before accepting and processing any order. SurviveN is a retailer to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by SurviveN.
The delivery times provided in our shipping & returns section (www.surviven.com.au/shipping-returns) are estimates only. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping pages, www.surviven.com.au/shipping-returns.
Generally, delivery of SurviveN products within Australia takes between 1 to 5 working days based on your location within Australia. We have a dedicated packing team to carefully package your goods to avoid them being damaged in transit. If, for any reason you are unhappy with the condition of your goods on delivery, please contact us immediately.
If you agree to the ‘Authority To Leave’ conditions, you also forgo being able to claim on the products if they go missing in transit. If goods have to be delivered a second time, as there is no authorised person available to sign for them, a re-delivery fee may be charged.
The shipping address for your order is shown at the checkout and on your order. In the event that an incorrect or invalid address was entered, address changes can only made is the order you have placed is still “processing”. We will always attempt but cannot accommodate all address change requests. We accept no liability for any incorrect shipping addresses supplied by you and no refunds will be offered, should you provide an incorrect shipping address.
You acknowledge that despite our reasonable precautions, products or services 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 we have received your payment.
If a cancellation of this nature occurs after you have been charged for the purchase, within seven days from the date of purchase, we will issue a credit to the credit card given for the purchase of the goods or service. Should you wish for the credit to be applied to another credit card not used for the original purchase, you must confirm these details in writing to us. We accept no responsibility for rejection of the credit to any credit card given by you.
Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate.
We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
CANCELLATION OF ORDERS
We will accept or decline cancellations of any orders placed at our sole discretion. Should you wish to cancel an order placed we must be immediately notified in writing before the goods have been shipped. If the goods have been shipped we reserve the right to refuse the order cancellation request or charge a cancellation fee should we be unable to request the return of the package from our delivery service.
Promotions, discounts and promotional codes (collectively “Promotions”) are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.
One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
Promotions do not apply to gift certificates, shipping, GST or duties or similar services.
Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.
Promotional items are available only while supplies last; We do not issue rain checks for items that run out of stock.
We reserve the right in our sole discretion to extend or terminate a Promotion at any time.
All promotional spend levels and discounts are in Australian Dollars (AUD).
WARRANTY RETURNS, REFUNDS, EXCHANGES
To the extent permitted by law, no refunds will be provided for any products purchased over the website if you simply change your mind.
Once goods are purchased they are unable to be cancelled unless in accordance with these terms and conditions. No refunds will be provided for cancelled orders once payment has been made.
To the extent permitted by law, any condition, warranty or statutory guarantee which would otherwise be implied or imposed into these terms and conditions is hereby excluded. Where legislation implies or imposes any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will be deemed included but our liability will be limited for a breach of that condition, warranty or guarantee to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods.
In cases where a faulty item was received a pre-paid shipping label can be emailed to cover the return costs on the faulty item. Faulty items may be returned outside of the regular returns time frame, providing the item is still under warranty.
We aim to have your return processed within 48 hours of receiving the item; however some faults must be approved by the manufacturer before a refund or replacement can be issued. This process usually takes around 2-4 weeks.
EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
In this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates, subcontractors and related third parties.
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.
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.
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.
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:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website; without our written permission.
An abuse of this provision may result in copyright infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.
By submitting, posting or by otherwise placing any material onto the website you grant to us in respect of all material a royalty free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material.
By submitting, posting or by otherwise placing any material onto the website, you warrant that you are the owner of such material and where you are not the owner, you warrant that the owner has provided to us royalty free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material
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.
The right to use this website is personal to you and can not be transferred to any other person.
We maintain the ownership of all copyright/trademark material downloaded from our 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.
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.
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.
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.
Any dispute or difference whatsoever arising out of or in connection with these terms and conditions (‘Dispute’) shall be resolved as follows.
REFERENCE TO ADR
The parties shall first refer the Dispute to mediation (‘the ADR reference’) by a Law Society Nationally Accredited Mediator agreed by the parties or failing agreement appointed by the President of the Society on the terms of the Standard Mediation Agreement approved by the Queensland Law Society.
The ADR reference shall commence when any party gives written notice to the other(s) specifying the Dispute and requiring its resolution under this clause.
Any information or documents obtained through or as part of the reference under this sub-clause shall not be used for any purpose other than the settlement of the Dispute under this sub-clause.
If the Dispute is not resolved within (21 days) of the commencement of the ADR reference either party may then, but not earlier commence proceedings in any court of competent jurisdiction.
Any mediation under this clause shall be held at the offices of the Queensland Law Society unless the parties otherwise agree.
Each party shall continue to abide by these terms and conditions notwithstanding the existence of a dispute or any proceedings under this clause.
These terms and conditions are governed by the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
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.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents are drawn up in English.