Website Terms of Use:
These Terms of Use (Terms) govern your use of our website located at http://www.turbietwist.com.au (Site) and form a binding contract between you, the user of the Site and us, Check That Out Pty Ltd (ACN 605 670 111) (Check That Out, we, us, our).
These Terms, together with the Privacy Policy and Product Warranty available on this Site, constitute the entire contract between you and us. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to variations in writing or by email.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by email at customerservice@checkthatout.com. By accessing or using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1. Licence to use Site
1.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this document.
1.2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3. You must not add any content to the Site: (a) unless you hold all necessary rights, licences and consents to do so; (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation; (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (d) that would bring us, or the Site, into disrepute; or (e) that infringes the intellectual property or other rights of any person.
1.4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5. You acknowledge and agree that: (a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; (b) the website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it; (c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and (d) the content on the Site may include technical inaccuracies and typographical errors.
2. Security
2.1. When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer encrypts the information you send through the Site. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.
3. Intellectual Property Rights
3.1. Material contained on this Site is protected by copyright.
3.2. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.3. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3.4. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.5. The licence in clause 11.3 will survive any termination of these Terms.
3.6. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 11.2 and 11.3.
4. Liability
4.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages however caused (including negligence) arising out of or in connection with the Site content and the use or performance of the Site. This includes, is not limited to, loss or damage you might suffer as a result of any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party
4.2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
5. Termination
5.1. These Terms terminate automatically if, for any reason, we cease to operate the Site. Termination of these Terms will not affect any accrued rights or liabilities or the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into force or continue on or after the termination.
5.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
6. General
6.1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
6.2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.3. Each party must at its own expense do everything reasonably necessary to give full effect to these terms and the events contemplated by it.
6.4. These terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.