http://www.sipahh.com.au and it’s subdomains (“the Website”) is maintained and operated by Club Trading and Distribution Pty Ltd (ABN 20 084 896 873) at Level 7, 8 Hill St. Surry Hills NSW 2010 Australia (“we”, “us”, “our” or “CTD”, including its directors, employees, servants and agents) and is an e-commerce Website which sells flavoured straw products for milk beverages branded “Sipahh”, the trademarks of which are owned by CTD.
PLEASE READ THIS BEFORE ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
In respect of your use of the Website:
Without limiting any other obligations, you must not:
CTD has no obligation to monitor the Website. However, you agree that CTD has the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users.
CTD will not intentionally monitor or disclose any private electronic-mail message unless required by law. CTD reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
The content of the Website and namely, but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of CTD or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law. We reserve our rights in relation to all intellectual property contained on the Website. Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any intellectual property on the Website in any way.
You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of CTD. CTD neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties.
CTD cannot ensure or guarantee privacy for CTD users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and CTD and its affiliates, suppliers and related companies shall be relieved of all liability in connection therewith.
CTD takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Website. CTD does not warrant or guarantee that access to the website will be uninterrupted or error free or that the Website will be free from viruses or other contamination. Further, CTD makes no representations about the suitability of any of the information contained in the documents and related graphics on the Website for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall CTD or its suppliers or affiliates be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the Service.
If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of CTD in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
You authorise CTD to collect from any party and to retain all relevant information relating to your use of the Website, and you hereby authorise any party to provide us with such information.
You agree to defend, indemnify and hold CTD and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Website or the internet or the placement or transmission of any message, information, software or other materials on the Website or on the Internet by you or users of your account.
CTD and other trademarks, logos and icons identifying Sipahh, CTD and other CTD products and services referenced herein are trademarks or registered trademarks of CTD. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
CTD is not responsible for the content of external internet sites.
If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
CTD does not guarantee continuous, uninterrupted or secure access to the Website, and the Website may be interfered with factors outside the control of CTD. To the fullest extent permitted by law, CTD excludes all implied warranties, conditions and other terms, whether implied or by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. This may not apply to Users in certain jurisdictions that do not allow the disclaimer of implied warranties.
CTD may amend or terminate the Services and these Terms and Conditions from time to time for any reason, without notice, including but not limited to, the right to terminate with or without notice, with no liability to you any other User or any third party, by posting the amended terms on the Website and you agree that we may properly and effectively serve you with notice in this way. All future agreements will be bound by the terms in force at that point in time and therefore Users are advised to review these Terms and Conditions on a regular basis.
Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute an agency, partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way. For the avoidance of doubt, under no circumstances will we act or purport to act nor be responsible to act as your agent for any reason whatsoever, whether in relation to any particular transaction or otherwise.
This Agreement or any interest you have under this Agreement, may not be assigned, purported to be assigned, or otherwise transferred by you without our prior written consent, which may be withheld at our absolute discretion.
These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between CTD and the user pertaining to the subject matter hereof. CTD’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right.
If any of the provisions contained in these Terms and Conditions were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably agree that the New South Wales courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions and any documents referred to in them. If you access the website from outside Australia, you agree to be bound by the laws of New South Wales, Australia. The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention, does not apply to these Terms and Conditions.
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