WEBSITE TERMS AND CONDITIONS

In these terms and conditions, "we" "us" and "our" refers to Tier of Eternal Pty Ltd. Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

  • In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
  • You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  • On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
  • We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our Website Services

  • Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  • All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Site Access

  • When you visit our website, we give you a limited licence to access and use our information for personal use.
  • You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  • Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  • The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  • This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  • Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

  • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  • All trade marks, brands and logos generally identified either with the symbols TM or � which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  • Any comment, feedback, idea or suggestion (called �Comments�) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  • If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

  • Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

  • Schedule 2 of the Competition and Consumer Act 2010 (�C&C Act�) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
    • 2 of the C&C Act; and
    • those statutory guarantees, all of which are given by us to you if you are a consumer.
  • If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
    • We will repair or replace the goods or any part of them that is defective; or
    • Provide again or rectify any services or part of them that are defective; or
    • Wholly or partly recompense you if they are defective.
  • As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
    • If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    • If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
    • If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

  • If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
    • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    • We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    • We do not participate in any way in the transactions between our users.

Indemnity

  • By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

  • These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
  • If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  • When purchasing from Tier of Eternal Pty Ltd, card details are transmitted through a secure server using Merchant Warrior. Card data is not hosted by Tier of Eternal Pty Ltd after processing.
  • We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  • We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The government has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

  • Our compliance with privacy legislation confers that client records are regarded as confidential and therefore will not be divulged to any third party. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client�s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

Cancellation Policy

  • Cancelling a transaction may only happen before the transaction has been originated. Notification for instance, in person, via email, mobile phone �text message� and/or fax, or any other means will be accepted subject to confirmation in writing.

Refunds Policy

  • Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. All sales are finalised and complete upon receipt of payment. Refund and exchange where a productis deemed to have been paid in full and shipped, is conditional upon all intents and purposes of Section 21 within the Statutory Guarantees and Warranties to Consumers.

Shipping and Delivery Policy:

  • We deliver products using Australia Post. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within 3-5 business days. Shipping times are estimated at between 2 and 14 business days depending on your location.

Shipping Destinations:

  • Tier of Eternal Pty Ltd ships goods Australia wide and internationally.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

These Terms and Conditions have been specifically drafted for, and provided to Tier of Eternal Pty Ltd by LawLive Pty Ltd (www.lawlive.com.au).