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Website Terms of Use – Seth & Sukhie’s Pty Ltd

By visiting or using any of Our Websites https://sethandsukhies.com.au/ , you agree to be bound by the terms and conditions set out below, which constitute an agreement between you and Seth & Sukhie’s Pty Ltd ACN 644 875 409 of 122 Bethany Road, Hoppers Crossing VIC 3029  (“us”, “we”).

Please read these Terms carefully and save them.  If you do not agree with them, you should leave Our Website immediately.

The terms and conditions:

1.                   Definitions

In these Terms:

“Content”

means the textual, visual or aural content that is encountered as part of your experience on Our Website.  It may include text, images, sounds, videos and animations.  It includes content Posted by you (if any).

“Intellectual Property”

means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

“Our Website”

means any website of ours, and includes all web pages controlled by us.

“Post”

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;

“Products”

means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to you.

“Terms”

means the agreement set out in this document and includes all terms and conditions contained herein.

2.                   Interpretation

In these Terms unless the context otherwise requires:

2.1.        a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;

2.2.        these terms and conditions apply to all supplies of Products by us to any customer, and prevail over any terms proposed by you;

2.3.        any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.4.        except where stated otherwise, any obligation of any person arising from these Terms may be performed by any other person;

2.5.        in these Terms references to a party include references to a person to whom relevant rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;

2.6.        the headings to the clauses and schedules (if any) to these Terms do not affect the interpretation of these Terms;

2.7.        a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;

2.8.        these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Our Website; and

2.9.        these Terms is made only in the English language.  If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.

3.                   Our contract with you

3.1.        These Terms contains the entire agreement between the parties regarding the use of Our Website and supersede all previous agreements and understandings between the parties regarding the use of Our Website.

3.2.        You acknowledge that, in entering into these Terms, you do not rely on any representation, warranty, information or document or other term not forming part of these Terms.

3.3.        We may at any time, in our sole discretion, change these terms from time to time.  The terms that apply to you are those posted here on the day you visit Our Website.   Modifications to these Terms will be effective immediately and any subsequent use by you of Our Website will constitute your acceptance of the modifications and the then-current terms and conditions of use of Our Website.

3.4.        We may, without notice, terminate or suspend Our Website or any part of Our Website at any time.

4.                   Terms and Conditions of Sale

If you purchase Products from us, the Terms and Conditions of Sale found at https://sethandsukhies.com.au/ apply (in addition to these Terms). 

5.                   Your account with us

5.1.        You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with the Products.

5.2.        If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

5.3.        You agree to accept responsibility for all activities that occur under your account or password.  You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

5.4.        You must notify us immediately of any security breach or unauthorised use of your account.

6.                   Restrictions on what you may Post to Our Website

6.1.        You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

6.1.1               be malicious or defamatory;

6.1.2               consist in commercial audio, video or music files;

6.1.3               be illegal, obscene, offensive, threatening or violent;

6.1.4               be sexually explicit or pornographic;

6.1.5               be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

6.1.6               give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

6.1.7               solicit passwords or personal information from anyone;

6.1.8               be used to sell any products or services or for any other commercial use;

6.1.9               include anything other than words (i.e.  you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

6.1.10           request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.

6.1.11           link to any of the material specified above, in this clause.

6.1.12           send age-inappropriate communications or Content to anyone under the age of 18.

6.2.             In addition to the restrictions set out above, a Posting must not contain:

6.2.1               hyperlinks, other than those specifically authorised by us;

6.2.2               keywords or words repeated, which are irrelevant to the Content Posted.

6.2.3               the name, logo or trademark of any organisation other than yours.

6.2.4               inaccurate, false, or misleading information.

6.3.        In connection with the restrictions set out in these Terms, we may refuse or edit or remove a Posting which does not comply with these terms.

7.                   How we handle your Content

7.1.             If you Post Content to any public area of Our Website it becomes available to the public domain.  We have no control over who sees it nor what anyone does with it.

7.2.             We need the freedom to be able to publicise our services and your own use of them.  You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium.  You represent and warrant that you are authorised to grant all such rights.

7.3.             We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.

7.4.             We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at clause 7.2 above.

7.5.             You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

7.6.             You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

7.7.             Posting Content of any sort does not change your ownership of the copyright in it.  We have no claim over it and we will not protect your rights for you.

7.8.             You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

7.9.             You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

8.                   Removal of offensive Content

8.1.        For the avoidance of doubt, this clause is addressed to any person who comes on Our Website for any purpose.

8.2.        We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities.  However, we may do so without notice to you and without giving you a reason.