terms of use

OVERVIEW




This website (“Site”) is operated by Simetrie. The terms “we”, “us” and “our” in these Terms of Use and elsewhere on the Site refer to Simetrie.


Simetrie offers this Site, including all information, tools and services available from this Site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated herein, including these Terms of Use and the Privacy Policy.


By accessing the Site you agree to these Terms of Use and the Privacy Policy. These terms of Use and the Privacy Policy are to be read together.


The Privacy Policy can be accessed at here.


By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Use and the Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 


These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using the Site. If you do not agree to all of any of the Terms of Use then you may not access the Site or use any Service. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.


Any new features or tools which are added to the Site shall be subject to the Terms of Use and Privacy Policy. You can review the most current version of the Terms of Use and Privacy Policy at any time on the Site. We reserve the right to update, change or replace all or part of these Terms of Use or the Privacy Policy and post same on the Site.


It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following changes constitutes acceptance of those changes. 


These Terms of Use apply to all existing and future Service. Should our Service change in future these Terms of Use will continue to apply (including as amended from time to time). 


Our store is hosted by a third-party service provider who provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS


By agreeing to these Terms of Use, you represent you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.


You may not use our products or services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit, worms, viruses or code of a destructive nature. A breach or violation of any of these Terms of Use will result in an immediate termination of the Service.



SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse to provide the Service on the Site to anyone for any reason.


You understand that the information you provide to us (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use or access the Service or any contact on the Site without our express written permission.


Headings in the Terms of Use are for convenience only and do not effect interpretation.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.


The information contained on the Site is prepared by Simetrie and is intended to provide a summary overview of matters of interest only. Information on this Site does not, and will not be taken to, constitute advice, and does not consider your individual objectives, financial situation or needs. You should consider the appropriateness of any content having regard to your individual objectives, financial situation and/or needs, and seek advice where appropriate.


Any reliance on the material on this Site is at your own risk.


This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products and services are subject to change without notice to you. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We are not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or sale or distribution of products and/or services.


We deliver products and services in accordance with our Delivery Policy unless otherwise determined by us in our absolute and unfettered discretion or as otherwise required by applicable law. For more detail, please review our Delivery Policy contained on the Site.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)


Certain products and/or services may be available exclusively online through the Site. These products and/or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.


We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed with respect to purchases via the Site. 


Details of our policy in respect of delivery of products and services is set out in section 4.


Returns shall only be accepted in accordance with our Returns Policy unless otherwise determined by us in our absolute and unfettered discretion or as otherwise required by applicable law. For more detail, please review our Returns Policy contained on the Site.


SECTION 7 – FILE DOWNLOADS


We do not provide any representation and/or warranty with respect to files made available on the Site, including that such files will be free from viruses or harmful code or programs.


SECTION 8 - OPTIONAL TOOLS (where applicable)


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree we provide access to such tools ”as is” and “as available” without warranties, representations, endorsement or conditions of any kind.


We shall have no liability whatsoever arising from or relating to use of optional third-party tools.


Any use by you of optional tools offered through the Site (if any) is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


SECTION 9 - THIRD-PARTY LINKS


Certain content via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us.


We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims or questions regarding a third-party should be directed to the third-party.


SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. You further agree that we are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service on the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for comments posted by you or any third-party.


SECTION 11 - PERSONAL INFORMATION


Your submission of personal information through the store is governed by our Privacy Policy which can be viewed on the Site.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.


You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Simetrie, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers  or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


Nothing contained in these Terms of Use are to be construed as limiting applicable law including without limitation the Australian Consumer Law as it applies to Simetrie.

SECTION 15 – INDEMNIFICATION


To the extent permitted by law you agree to indemnify, defend and hold harmless Simetrie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY


In the event any term of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Service and you cease using our Site and the Service.


If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 18 - ENTIRE AGREEMENT


The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to the Service (including the Privacy Policy) constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in these Terms of Use shall not be construed against the drafting party.


SECTION 19 - GOVERNING LAW


These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.


SECTION 20 - CHANGES TO TERMS OF USE


You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use. It is your responsibility to check the Site periodically for changes. Your continued use of or access to our Site or the Service constitutes continued acceptance of the Terms of Use.


Questions about the Terms of Use should be sent to us at hello@simetrie.com.au.