TERMS OF USE
Updated: 16 May 2019 08:09 AEDT
1. INTRODUCTION
Welcome to the Internet site of Shearquantity.com. Shearquantity.com is collectively referred to as "website," "we," "us" or "our."
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITE.
Your access to and use of our Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others; who wish to access or use the Service.
By accessing or using Shearquantity.com you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
2. COMMUNICATIONS
a) By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send;
b) you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
3. PURCHASES
a) If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, bank account number, your billing address, and your shipping information.
b) You represent and warrant that:
i) you must have a legal identity to buy goods or services from Shearquantity.com.
i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
ii) the information you supply to us is true, correct and complete.
c) The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
d) We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
e) We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. AVAILABILITY, ERRORS AND INACCURACIES
a) We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
b) We therefore reserve the right to change, update or delete information and to correct errors, inaccuracies, or omissions at any time, in any way, for any or no reason.
5. CONTESTS, SWEEPSTAKES AND PROMOTIONS
a) Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions.
b) If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
5. 1. REWARDS AND REFERRAL SCHEME
a) This allows Shearquantity.com to reward customers with points for any purchases or other actions. They can be retrieved for discounts or any other benefit Shearquantity.com wishes to create from time to time.
6. CONTENT
a) Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
iii) We reserve the right to terminate the account of anyone found to be infringing on a copyright.
b) You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
c) Shearquantity.com has the right but not the obligation to monitor and edit all Content provided by users. In addition, ("Content") contained on our site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. ACCOUNTS
a) When you create an account with us, you guarantee that you are above the age of 16, and that you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
b) You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
c) You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
d) We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
8. COPYRIGHT POLICY
a) We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity;
i) If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under Procedure for Copyright Infringement Claims"
ii) You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
8. 1. PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
a) You may submit a notification by providing our Copyright Agent with the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address;
b) Included a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
9. INTELLECTUAL PROPERTY
a) The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Shearquantity.com and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shearquantity.com.
10. LINKS TO OTHER WEBSITES
a) Our Service may contain links to third party websites or services that are not owned or controlled by us. Shearquantity.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
b) You acknowledge and agree that Shearquantity.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
c)We advise that you read the terms and conditions and privacy policies of any third party web sites or services you visit.
11. TERMINATION
a) We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
b) If you wish to terminate your account, you may simply discontinue using the Service.
c) All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. INDEMNIFICATION
a) You agree to defend, indemnify and hold harmless Shearquantity.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of
i) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or
ii) Content posted on the Service.
13. LIMITATION OF LIABILITY
a) In no event shall Shearquantity.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
i) your access to or use of or inability to access or use the Service;
ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and
iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. DISCLAIMER
a) The content on or otherwise related in anyway to our sites, services or third party sites is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
b) Shearquantity.com and its subsidiaries, affiliates, and its licensors do not warrant that
i) the Service will function uninterrupted, secure or available at any particular time or location;
ii) any errors or defects will be corrected;
iii) the Service is free of viruses or other harmful components; or
iv) the results of using the Service will meet your requirements.
c) The Content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical matters;
i) Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness.
ii) If you think you may have a medical emergency, call your doctor or helpline immediately.
d) We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through our website.
e) Reliance on any information appearing on a Site is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
f) Shearquantity.com may contain the opinions and views of other users. Given the interactive nature of the service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
15. EXCLUSIONS
a) Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
b) You assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to the content and any content you provide to third party sites (Including credit card and other personal information).
16. GOVERNING LAW
a) These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Australia, without regard to its conflict of law provisions.
b) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
17. SHIPPING POLICY
a) Orders placed on business days (Monday - Friday) are typically approved on the following business day, however it could take up to 48 hours before the seller receives an approval notification by us. Typically our suppliers will prepare and ship your order within 1-3 business days. If your order is placed on a weekend, it will ship the following Monday. Business days do not reflect weekends or holidays.
b) Shearquantity.com is not responsible for any VAT, Customs Fees or International Taxes that may be incurred after purchase of merchandise from our online store. Except where it has been collected and paid through Shearquantity.com checkout.
18. CHANGES
a) We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
b) By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
29. TESTIMONIALS
a) Not all testimonials contained in or made available through the website have been prepared by us (including, but not limited to, information contained on message boards, in forums, text files, chats, etc.). As a result, we have not checked to determine whether or not a specific endorser's experience is what an average or typical consumer may expect to achieve. Not all consumers may achieve the same results.
20. PRIVACY POLICY
a) We are committed to protecting your privacy and security and have explained in detail the steps we take to do, we want you to know how we collect, use, share, and protect information about you.
i) By interacting with Shearquantity.com through our website and mobile applications, you consent to the use of information that is collected or submitted as described in our Privacy Policy.
ii) We may change or add to our Privacy Policy, so we encourage you to review it periodically.
iii) By using this site or application, you agree to the collection, use, and transfer of your data as described in our Privacy Policy.
iv) We may collect your personal information from, transfer it to, and store and process it in the Commonwealth of Australia and other countries outside of where you live.
b) If you do not want your information to be collected, used, and transferred as described by our policy, you may revoke your consent to our Privacy Policy. To revoke your consent, email [email protected]. If you revoke your consent, your account and profile information will be removed from our website.
c) By using our website or mobile applications, you consent to the transfer of your data overseas and across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The laws governing data in your home country may differ from those in the countries to which data is transferred. By accessing and using our website and mobile applications, you consent to the transfer of your data in this manner.
21. DISPUTE RESOLUTION
a) Subject to the foregoing, you agree that:
i) any and all disputes, claims, and causes of action arising out of or in connection with a Shearquantity.com product or service or these Terms of use, (us or any other third party) You agree to cooperate and any dispute will be resolved individually, without resort to any form of legal action;
ii) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Shearquantity.com for accessing the website, but in no event attorneys' fees; and
iii) under no circumstances will you be permitted to obtain awards for, and each site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
b) All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Australia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Australia.
c) If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.
22. JURISDICTIONAL ISSUES
a) We control and operate Shearquantity.com from our offices in the Commonwealth of Australia. We do not represent that site content is appropriate or available for use in other locations.
b) Persons who chose to access Shearquantity.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
23. TRANSPARENCY IN SUPPLY CHAIN DISCLOSURE
a) Shearquantity.com is committed to conducting business in compliance with applicable law. We exhibit and promote the highest standards of honest and ethical conduct in our dealings. Our employees are expected to conduct themselves with honesty and integrity, and we recognize the important role manufacturers, ingredient suppliers and business partners play in helping us fulfill our commitment to ethical and responsible reselling.
b) Shearquantity.com is a reseller not a manufacturer, Shearquantity.com is not aware of any unethical or illegal labor practices in connection with any ingredient or product sourced outside the Commonwealth of Australia. We do not audit and assess each product manufacturer's sourcing practice. We are aware of the importance of ethical sourcing, and if we identify a product manufacturer who does not meet our of expectations (including avoiding ingredients or products manufactured with trafficked labor), we will work with them to take corrective action or discontinue selling products manufactured by them.
24. CONTACT US
a) If you have any questions about these Terms Of Use, other policies and practices of Shearquantity.com, or your dealings with our website services, you may contact:
SHEARQUANTITY.COM
By Post: P O Box 17, Koorawatha NSW 2807, Australia
Phone: +614 4957 7543
Email: [email protected]
