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Welcome to the website of Didgeridoonas (ABN 94 005 451 007)

These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Didgeridoonas.  If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Site. 

Didgeridoonas may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on the Site.  Your continued use of the Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

Privacy 

1. Didgeridoonas may collect, use, store, record and transmit your personal information entered on this the Site. For further details, please refer to Didgeridoonas Privacy Policy www.didgeridoonas.com.au/privacy-policy/ Your continued use of the Site and the provision of your personal information constitute your approval for Didgeridoonas to deal with your personal information in accordance with these Terms of Use.

Disclaimer

2. The Site is provided by Didgeridoonas in good faith on an “as is” basis without warranty of any kind. Didgeridoonas does not warrant, guarantee, or make any representation regarding the accuracy, adequacy, reliability, completeness, or timeliness of the information contained on the Site (collectively, the Information), or that it is suitable for your intended use. 
3. You agree and acknowledge that you have not made known to Didgeridoonas either expressly or by implication, any purpose for which you use the Site, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.
4. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete, or timely sources of information and relating it to your personal and financial circumstances. 
5. The Site may contain historical Information that is not current and is provided for reference purposes only.
6. The Information does not constitute professional advice. 
7. Didgeridoonas does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.  The use of the Site and the Information is at your own risk.
8. Didgeridoonas reserves the right to vary or modify the Information contained on the Site, to change or discontinue any feature or part of the Site, to change the hours of availability and the equipment required to obtain access to the Site, without notice and without liability.
9. Didgeridoonas makes no warranties, guarantees or representations that the material on the Site will not cause damage or that the material is free from any computer virus or other defects.  It is your responsibility to complete a virus check and similar checks on any Information downloaded.
10. All warranties, representations and implied terms and any liability which may arise in relation to your access to the Site or the Information are expressly excluded to the extent permitted by law.
11. Didgeridoonas reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
12. Didgeridoonas will use reasonable endeavours to ensure that the Site is available continuously. However, Didgeridoonas does not guarantee that access to the Site will be continuous or uninterrupted. 

Limitations of Liability 

13. To the extent permitted by law, Didgeridoonas, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information, any opinions displayed on the Site, or any information made available in response to any enquiries or the selection of goods or services referring to it.
14. To the extent permitted by law, Didgeridoonas will not be liable for any direct, indirect, incidental, special, or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.  If your use of the Site results in the need for servicing or replacing of any equipment, Didgeridoonas will not be liable for those costs to the extent permitted by law.
15. Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Didgeridoonas is limited to the re-supply of the Information on the Site, or the reasonable costs of having the Information re-supplied. 

Links to Other Sites 

16. You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Didgeridoonas, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites). 
17. The Linked Sites may have different terms of use.
18. Unless otherwise specified, the Third Party Linked Sites are not under Didgeridoonas’ control.  The Third Party Linked Sites may have different terms of use and may be subject to different laws. Didgeridoonas is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Didgeridoonas provides these links for your convenience only.  You link to any such Third Party Linked Sites at your own risk. Didgeridoonas is not a party to any transaction between you and a Third Party Linked Site. Unless specified, Didgeridoonas does not sponsor, endorse, adopt, confirm, guarantee, or approve of any material or representations made in those Third Party Linked Sites.

Intellectual Property  

19. The copyright on the Site is owned by Didgeridoonas and/or its divisions and/or affiliates. All rights reserved.
20. You acknowledge and agree that all content, coding, graphics, images, animations, and Information available on this Site is protected by copyright, trademark or other intellectual property rights and laws.
21. No part of the Information displayed on the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or manner without Didgeridoonas’ prior written consent.  However, you may download and print these Terms of Use for your personal non-commercial use.
22. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.
23. Commercial use of the Site and the Information is expressly prohibited – unless permission is sought from Didgeridoonas prior.
24. All trademarks and trade names which appear on this Site are proprietary to Didgeridoonas and/or its affiliates.  Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos, or trademarks except with the express written consent of the respective owner.

Spam

25. Any publication of Didgeridoonas’ email addresses on this Site is to facilitate communications relating to the goods and services supplied by Didgeridoonas.  It must not be inferred as consent by Didgeridoonas to receive unsolicited commercial electronic messages. 

Miscellaneous 

26. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.  If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws. 
27. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
28. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) are valid and enforceable.
29. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
30. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.

All Buyers

Risk & liability

31. We take all reasonable precautions to only host accurate information on the Site, but this does not mean it is free from human error.

Fees and payment

• Fees for any product/service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.

33. All applicable fees are clearly stated on the Site. Placing an order on the Site is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the fee that is relevant to you (if any).
34. All fees for orders placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of Didgeridoonas.

Intellectual property rights

36. The website is the property of Didgeridoonas and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced, or copied in any way.
37. No individual shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting, or publishing any of the information provided to us.
38. If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence of its Intellectual Property Rights in the information submitted.
39. By using this Site, all users grant Didgeridoonas a Licence to use any and all of the information provided by users to Didgeridoonas with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.

Social media

37. We may use social media and the Site may provide links to a number of social media sites, for example Facebook, Twitter, LinkedIn, YouTube and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.
38. We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify, or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of Didgeridoonas. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.

General

Currency

• All transactions where applicable are processed in Australian dollars (AUD).

Didgeridoonas not a party to transactions between Users on the Site

40. We are not a party to any contract between users on the Site. To the extent that the law allows.

Each purchase a separate contract

41. Each purchase by a Buyer via the Site constitutes a separate contract between the Buyer and the Seller.

You may request amendments to these Terms and Conditions

42. Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case or for a particular transaction. Such requests will be considered by us on a case-by-case basis and should be sent in writing via mail: Attn: Marketing. 31 Commercial Drive, Pakenham, VIC 3810 or emailed to sales@didgeridoonas.com.au. These Terms and Conditions will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of Didgeridoonas and expressly identified as an amendment of these Terms and Conditions.

Relationship of parties

43. By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to list your business on this site (should you have an agreement to do so) and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with Didgeridoonas unless explicitly stated.

Governing law and jurisdiction

45. The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Overseas Users

46. The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.

Australian Consumer Law

47. To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms and Conditions.
48. To the extent permitted by Australian law, we disclaim all warranties, representations, and conditions, express or implied, with regard to any information, software or Products including but not limited to:

• merchantable quality.
• durability and fitness for a particular purpose.
• legal title; and
• non-infringement of Intellectual Property Rights.

49. To the extent permitted by Australian law, Didgeridoonas or its suppliers are not liable for any Loss suffered by a Buyer in respect of Products advertised on the Site.

No waiver

50. Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.

Risk & Liability

51. Warranty is only available to new Didgeridoonas products purchased from an authorised Didgeridoonas dealer.
52. Some information on the Site may be uploaded from external sources. We do not endorse or warrant the accuracy of this content, nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
53. Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third-party hyperlinks are provided as a reference solely for the convenience of Users. As a result, we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third-party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
54. All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current, or free from typographical or other errors, or omissions. Information, advertisements, software, and Product descriptions may include inaccuracies.
55. We endeavour to provide continual availability of our products/services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our products/services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure, or virus-free.
56. By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release Didgeridoonas, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages, and liabilities related to use or inability to use the Site in this regard.