PATS the Philly Way Website Terms & Conditions

This website is owned and operated by PATS the Philly Way Pty Limited ACN 150 901 787. In these terms and conditions (Website Terms), the expressions ‘we’, ‘us’ and ‘our’ are a reference to PATS the Philly Way Pty Limited ACN 150 901 787.

The Website Terms apply to your use of this website. In using this website, you agree to be bound by the Website Terms. If you do not accept the Website Terms, you must refrain from using this website.

We may amend the Website Terms as necessary. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Website Terms as amended.

Restriction of use

You may use this website only for your personal and non-commercial purposes. You are authorised to print a copy of any information contained on this website for your personal use. You may not, however, without our written permission, make commercial use of the information obtained from this website.

Placing an order

From time to time, we may allow you to place orders for our products via this website. If we do so, separate terms and conditions may apply, which terms and conditions will be available for your review and acceptance when you place an order.

Intellectual property

We own, or are licensed to use, all the intellectual property rights (including copyright and trade mark right rights) subsisting in or relating to all information, text material, graphics, logos, icons, sound recordings, software and source code on this website.

Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except expressly authorised by the Website Terms, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

• otherwise commercialise any information, products or services obtained from any part of this website,

without our written permission, or in the case of third party material, from the owner of the intellectual property rights in the third party material.

Privacy policy

The Website Terms must be read in conjunction with (and include) our privacy policy which can be found by clicking on the following link [insert].

Linked websites and hyperlinks

This website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the linked websites.

Unless expressed otherwise in this website, our links to linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.

If you hyperlink to this website, you must:

• attribute us as the original source of the hyperlink;

• link to our content directly, using the title or headline of the content to which you are linking; and

• comply with all copyright, trade mark or other applicable intellectual property laws.

Disclaimer and limitation of liability

We do not accept any responsibility for any loss or damage, however caused which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

Under the Australian Consumer Law (ACL), certain consumer guarantees may apply in respect of this website. Nothing in the Website Terms should be interpreted as attempting to exclude these consumer guarantees or limit our liability for breaching the guarantees.

Subject to the applicable consumer guarantees, and to the extent permitted by law, we exclude any condition, guarantee or warranty which would otherwise be implied into the Website Terms.

If you make a claim against us regarding the products or services we provide on this website:

(a) in respect of any breach or alleged breach by us of the consumer guarantees and the relevant products or services are not a kind ordinarily acquired for personal, domestic and house use; or

(b) in respect of  any cause of action other than a breach of the ACL (including without limitation, for breach of contract or negligence by us),

to the extent permitted by law, our liability will be limited, at our discretion, to:

(c) if the breach relates to goods – the replacement of the goods or the supply of equivalent goods; and

(d) if the breach relates to services – the supplying of the services again, or the payment of the cost of having the services supplied again.

Any exclusion or limitation of liability set out in the Website Terms or on this website does not attempt to purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

Errors and defects

We do not guarantee that this website will be free from errors or viruses, or that access to this website will function as intended or uninterrupted. You must take your own precautions to ensure that accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with your use of this website.

Whilst we endeavour to keep this website up to date and accurate, we cannot guarantee that the information on this website will be up to date or accurate.

Security of information

Data transmissions over the Internet cannot be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of access

Access to this website may be terminated at any time by us without notice. In the event of termination, our disclaimer and limitation of liability will survive termination.

Jurisdiction

The Website Terms are governed by the laws in force in the State of Victoria, Australia. Where permitted by law, you agree to submit to the exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Website Terms or the use of this website.

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