TERMS AND CONDITIONS
Thank you for visiting https://www.toowoombachamber.com.au/ (the Site) (which may be available through other addresses or channels), which is owned by The Toowoomba Chamber of Commerce and Industry Inc. IA03583 trading as ‘Toowoomba Chamber of Commerce’ ABN 78 423 372 476 (Toowoomba Chamber/we/us/our).
The Agreement applies to the access to and/or the use of the Site, the online store that is or will be accessible via the Site (the Store) any purchase that you make from Toowoomba Chamber(either through the Site, Store or otherwise) and the use of the information services and content provided through this Site. By accessing and using this Site, you are agreeing to comply with and be bound by the terms of the Agreement. If you do not agree to the terms of the Agreement, you must immediately cease using the Site and/or Store and may not access or use the Site or the Store or the services which we provide.
- The ‘Content’ is, collectively and severally, any services, advice, goods, products, content including descriptions, commentary, photographic images and videos and features made available through the Site or the Store.
- Any third party who provides the Content or who is otherwise associated with Toowoomba Chamber has represented to Toowoomba Chamberthat they are professionals with appropriate expertise and experience, however Toowoomba Chambermakes no warranty or guarantee that the third party is appropriately qualified or experienced in relation to the goods or services that they provide.
- Any Content provided should not be considered to be professional advice and we strongly recommend that you engage appropriate professional advisors prior to acting on the information in any Content.
- No third party providers are employed by us, nor do we endorse or recommend any third party provider. Specifically, it is up to you to make your own enquiries regarding the provider prior to engaging them to provide any additional services or content (paid or otherwise).
- Toowoomba Chambergrants to you, and you accept, a non-exclusive, non-transferable, limited licence for you to use the Content strictly in accordance with this Agreement.
- The licence provided under this Agreement is personal to you and you must not re-sell, sub-license, rent, lease or otherwise distribute the Content. All other rights in respect of the Content is reserved to us.
- You may only use the Content for personal, non-commercial purposes.
- The Content is not comprehensive and is for general information purposes only. While we and/or the third party providers use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
- To use our Site, Store or Content, you need compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Site and Store’s performance may be affected by these factors.
- You acknowledge that the terms of agreement with your respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Site or the Store. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Site or Store or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or device being used to access the Site or Store, you will be assumed to have received permission from the bill payer.
- Your right to use the Site and/or the Store is subject to your ongoing compliance with all provisions of this Agreement.
- If you are the legal parent or guardian of a Minor, you are responsible for and liable for ensuring that the Minor complies with all provisions of this Agreement, as if they were named as you in it.
- Our Site and Store may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
- We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Site, the Store and/or the Content at any time without notice to you, in our sole discretion
2. ADDITIONAL LIMITATIONS OF LIABILITY
- In relation to your use of the Site, Store and Content, the following limitations of liability apply:
- you acknowledge and agree that Toowoomba Chamberwill not be liable to you or any other persons for:
a) your use (or misuse) of the Site, Store or Content;
b) any loss or damage of any kind that is directly or indirectly caused by or results from your use of the Store, Site or Content; or
c) any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage,
d) to the extent that it is not directly caused by Toowoomba Chamber’s wilful or negligent act or omission;
- to the fullest extent permitted by law, you release Toowoomba Chamberfrom any claim, loss damage or other liability incurred by you in relation to your use of the Site, Store or Content, except to the extent arising from the wilful acts or missions of Toowoomba Chamber;
- Toowoomba Chamber does not represent or guarantee that the Site, Store or Content will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Toowoomba Chamberfrom any liability relating thereto;
- you assume full responsibility for backing-up and/or otherwise protecting your data in the Site or the Store against loss, damage or destruction;
- Toowoomba Chamberis not responsible for data charges you may incur in connection with your use of the Site, Store or Content; and
- You indemnify Toowoomba Chamber against:
- any and all loss, expense or damage we incur (including legal costs on an indemnity basis); and
- any and all liabilities we incur, directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you.
2.2 You acknowledge and agree that this Agreement’s limitations of liability in clause 2.1 are essential to Toowoomba Chamber and Toowoomba Chamber would not have entered into this Agreement in their absence.
2.3 Any representation, warranty, condition, or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
2.4 Despite clauses 2.1 and 2.3, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
2.5 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:
1.the supply of the Content provided for under this Agreement; or
2. the payment of the cost of having the Content supplied again.
3. INTELLECTUAL PROPERTY
3.1 You agree that the Site and Store, including but not limited to the Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Site, Store or Content contain proprietary information and material that is owned by Toowoomba Chamber and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site, Store or Content for personal, non-commercial uses in compliance with this Agreement.
3.2 No portion of the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Content in any manner, and you shall not exploit the Content in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
3.3 If you believe that any Content available through the Site or Store infringes the copyright claimed by you, please contact Toowoomba Chamber.
4.1 Orders placed through the Site and/or the Store are subject to acceptance by us (the Order). Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure.
4.2 Acceptance is subject to payment being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product or service that is the subject of the Order (the Goods).
4.3 A contract (which is separate to this Agreement) for the supply of Goods is made when you place an Order for the Goods from Toowoomba Chamber, and that contract is subject to the terms contained in this Agreement.
4.4 Any order placed on a weekend or public holiday may not be processed until the next business day.
4.5 Toowoomba Chamber may be unable to supply some or all of the Goods for whatever reason, in which case Toowoomba Chambermay (in Toowoomba Chamber’ssole discretion) substitute those Goods with a similar product, you will not be charged for the Goods ordered, or if you have been charged, you will be refunded.
4.6 You release Toowoomba Chamber in relation to any claim, loss, damage or injury (personal or otherwise) caused as a result of your consumption of any Goods contained in an Order, except to the extent that such claim, loss, damage or injury is caused by our gross or wilful negligence.
5. PRICES AND PAYMENT
5.1 Unless otherwise specified, all prices shown in the Store will exclude GST.
5.2 Toowoomba Chamber may use a payment gateway or other online payment platform (the Payment Platform) for all financial transactions entered into when placing an Order via the Store, and if the Payment Platform is used by Toowoomba Chamber:
(1) you acknowledge that you agree to any terms and conditions relating to a third-party arrangement when using the Payment Platform when placing an Order via the Store;
(2) Toowoomba Chamber is not able to access your credit card or other financial details and you agree that Toowoomba Chamber will not be held liable for any loss you incur arising from your use of the Payment Platform, and
(3) you acknowledge that any terms and conditions relating to the Payment Platform do not form part of these Terms and Conditions and that any such arrangement creates a separate contract between you and the provider of the Payment Platform to which Toowoomba Chamberis not a party. Toowoomba Chamber cannot be held liable for any loss or damage suffered by you that arises directly or indirectly as a result of your use of the Payment Platform.
5.3 If a payment gateway is not used by Toowoomba Chamber, you agree that payment may be made by any method specified by Toowoomba Chamberand agreed by you, which may include payment by credit card or debit card.
6.1 Toowoomba Chamber reserves the right to arrange transport of the Goods by any means in our sole discretion.
6.2 Unless otherwise determined by Toowoomba Chamber, the price of Goods does not include shipping or delivery costs, and any such costs will be paid by you.
6.3 Delivery of the Goods is taken to occur at the time that they are delivered to the address nominated by you (the Address) or a post office close to that location, and risk is taken to have passed to you once delivery has occurred.
6.4 If the Address is unattended at the time of delivery, we may deliver the Goods to a nearby post office, at your sole risk.
6.5 Any time or date for delivery given by Toowoomba Chamberis an estimate only, and you must still accept delivery of the Goods even if delivered late.
6.6 Where Toowoomba Chamberor our nominated transport contractor enters the Address to deliver the Goods, you:
(1) release Toowoomba Chamberfrom any claim in respect of damage occasioned to the Address, or injury to any persons arising out of the delivery by Toowoomba Chamber or our nominated transport contractor of the Goods; and
(2) indemnify and hold Toowoomba Chamberharmless from and against any loss, damage or liability suffered or incurred by Toowoomba Chamberin respect of damage occasioned to the Address or injury to persons arising out of the delivery by Toowoomba Chamber or our nominated transport contractor of the Goods,
except for and to the extent that such loss, damage or liability suffered or incurred by Toowoomba Chamber arises out of the negligent act or omission of Toowoomba Chamberor our nominated transport contractor.
7. DEFECTS & WARRANTIES
7.1 Except as expressly set out in this Agreement, Toowoomba Chamber makes no warranties or other representations in relation to the Goods.
7.2 You must inspect the Goods within twenty-four (24) hours of delivery or as soon as is reasonably possible after any such defect becomes evident notify Toowoomba Chamber in writing of any evident defect/damage, shortage in quantity or failure to comply with the description. Upon such notification Toowoomba Chamber may require that you provide us with photographic evidence of any defect/damage, shortage in quantity or failure to comply with the description.
7.3 To the extent permitted by law the liability of Toowoomba Chamber in respect of any damage to the Goods is limited to, at the option of Toowoomba Chamber
(1) the replacement or repair of the Goods; or
(2) the payment of the cost of repairing or replacing the Goods; or
(3) a refund of any money paid for the Goods.
7.4 Subject to clauses 7.2 and 7.3, returns will only be accepted provided that:
(1) you have complied with the provisions of clause 7.2; and
(2) Toowoomba Chamber has agreed that the Goods are defective; and
(3) the Goods are returned within a reasonable time and at your cost (if that cost is not significant); and
(4) the Goods are returned in the same, or materially the same condition to that in which they were delivered in.
7.5 Notwithstanding anything contained in clause 7.2, if Toowoomba Chamber is required by a law to accept a return then Toowoomba Chamber will only accept a return on the conditions imposed by that law.
7.6 Toowoomba Chamber shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(1) your failure to properly maintain or store any Goods;
(2) your use of the Goods for any purpose other than that for which they were designed;
(3) your continued use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(4) your failure to follow any instructions or guidelines provided by Toowoomba Chamber; or
(5) fair wear and tear, any accident or act of God.
Nothing in this Agreement is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
8. GENERAL PROVISIONS
8.1 We may vary, alter or amend the terms and/or conditions of this Agreement at any time, without providing you with specific notice. Each time you use the Site, Store or Content, you are deemed to accept the then-current terms and conditions.
8.2 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site, Store or Content. Your use of the Site, Store or Content may also be subject to other laws.
8.3 You hereby grant Toowoomba Chamber the right to take steps Toowoomba Chamberbelieves are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Toowoomba Chamber has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Toowoomba Chamberbelieves is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Toowoomba Chamber’sright to cooperate with any legal process relating to your use of the Site, Store or Content, and/or a third-party claim that your use of the Site, Store or Content is unlawful and/or infringes such third party’s rights).
8.4 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
8.5 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.
8.6 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
8.7 Toowoomba Chamber may subcontract with one or more affiliates or third parties to provide any service required to be provided by Toowoomba Chamber under this Agreement, provided that no such use of subcontractors shall relieve Toowoomba Chamberof its obligations under this Agreement.
8.8 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
8.9 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.