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Terms of Use

Terms of Use

TERMS OF USE

Updated as at 10/09/2019

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE SERVICE.

Terms & Conditions

 

This website and associated electronic communications are products of Lexine Pty. Ltd. trading as myCaseCovers ABN 18 608 405 821 (“myCaseCovers”). myCaseCovers and its partners or affiliates (“our” or “we”) provide the content on this website (the “website” or the “Content”) subject to the following terms and conditions of use (the “Terms of Use”).

 

1. Acceptance of Terms

Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the “Legal Notices”). Your use of, and/or access to, the website constitutes your agreement to the Terms of Use (“Agreement”). For an explanation of our practices and policies relating to the collection, use, and storage of users' information, please read our Privacy Policy, located at https://mycasecovers.com.au/privacy-policy/.

We will occasionally update these Terms of Use to reflect changes in our practices, changes in the law, and/or for any other reason at our discretion. We reserve the right to amend these Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time.  When we make changes to these Terms of Use, we will revise the “Updated” date at the beginning of these Terms of Use, and may send a notice to the email address specified in your myCaseCovers account, if any.

 

2. Intellectual property, software and content 

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of myCaseCovers or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by myCaseCovers and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including and without limitation to all copyright, trade mark and other proprietary notices and all advertisements), you may:

  • using an industry standard web browser, download and view the Content for your personal, non-commercial use; or
  • if you are an internet service and/or access provider, supply the Content to your subscriber.

You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of myCaseCovers or an affiliate or which is prohibited by the Terms of Use.

 

3. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with myCaseCovers and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to myCaseCovers.

 

4. User License

When using the website you may provide us with information about yourself or other matters. By doing this you, subject to our Privacy Policy, grant myCaseCovers exclusive rights in all of this information and all information derived or generated from it, in all existing or future media. These rights include, but are not limited to, the right to display your information anywhere on myCaseCovers website and myCaseCovers other media properties, to search the information, and, consistent with our Privacy Policy, to repackage and present or supply the information to a third party.

By placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to myCaseCovers a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

  • use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
  • sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of myCaseCovers and any other party authorised by myCaseCovers all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of myCaseCovers, you will execute and deliver to myCaseCovers such instruments and take such other actions as may be required to carry out this grant of license and waiver.

In respect of providing information you agree that you will not post, transmit or otherwise publish on the website or to the website servers any material that:

  • restricts or inhibits any other user from using or enjoying the Content on the website;
  • is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including and without limitation to any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
  • violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trade mark or any other proprietary right, without first obtaining permission from the owner;
  • contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it's servers and the Content thereon;
  • contains any promotional material or advertising; or
  • constitutes or contains false or misleading statements.

You expressly acknowledge and agree that myCaseCovers does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. myCaseCovers does not and cannot review all information posted to the website by users and is not responsible for such information. However, myCaseCovers reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason. myCaseCovers may at its sole discretion and without prior notice remove, replace, re-format or delete any information, service or functionality from any part of the website at anytime for any reason whatsoever or for no reason.

Advertising, links to third party websites and e-commerce offers myCaseCovers website contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of myCaseCovers, and myCaseCovers is not responsible for the contents of any linked website or any hyperlink contained in a linked website. myCaseCovers provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by myCaseCovers or its affiliates. By following a link to any such website you do so entirely at your own risk.

The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors.

All third party advertising (including embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by myCaseCovers or its affiliates or their respective directors or employees unless expressly indicated otherwise. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, advertisements may contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by myCaseCovers and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on myCaseCovers website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

You agree that myCaseCovers shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on myCaseCovers website.

 

5. Payment

You acknowledge that we are under no obligation to despatch goods until payment is received by us in full and when all details pertaining to the sale are finalised. We accept payment via PayPal, Credit Card (Visa / MasterCard / American Express) and Bank Transfer. Payment by Bank Transfer is not deemed made until the funds have cleared in our Bank Account. Payment terms may be revoked or amended at our sole discretion immediately upon giving you written notice. The time for payment is of the essence.

 

6. Passing of Property

Until we receive full payment in cleared funds for all goods supplied to you, as well as all other amounts owing to us by you title and property in all goods remain vested in us and do not pass to you.

 

7. Risk and Insurance

The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to you immediately on the goods being delivered to you or taken from our premises. You assume all risk and liability for loss, damage or injury to persons or to your property, or third parties arising out of the use, or possession of any of the goods sold by us, unless recoverable from us on the failure of any statutory guarantee under the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended (“ACL”) or New Zealand consumer laws, including Consumer Guarantees Act 1993 (New Zealand), Fair Trading Act 1986 (New Zealand) and Sales of Goods Act 1908 (New Zealand) (“NZCL).

 

8. Performance

Any period or date for delivery of goods we state is an estimate only and not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.

 

9. Cancellation  

You must reimburse us for any costs, expenses or losses incurred by us should you cancel your order. The time for payment for such cancellation fees shall be fourteen (14) days from our invoice.

 

10. Termination

We may terminate this Agreement if:

  • you fail to pay any monies owing to us within the timeframe specified in our invoice; or
  • you breach the Agreement in any way whatsoever.

11. Warranty

We will use reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage you suffer or suffered by any third party for failure to meet any estimated date. Where goods are rebranded, on-sold or transferred to a third party we will not be liable for any defect, repair, maintenance or loss relating to those goods. Except where we have provided a warranty for the goods our liability to you is limited to the requirements of the ACL or NZCL. Subject to any obligations under the ACL or NZCL, you indemnify us for any costs incurred when you request us to repair faulty goods that are subsequently found not to be faulty, or where you are found to have caused the goods to become faulty through abnormal use or otherwise.

 

12. Business uses of our services

If you are using our services on behalf of a business, that business accepts these Terms of Use. The Consumer Guarantees Act 1993 (New Zealand) does not apply where goods or services are supplied for business purposes in New Zealand. To the extent permitted by law, your business will hold harmless and indemnify myCaseCovers and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the services or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.

 

13. Disclaimer and Limitation of Liability

The ACL or NZCL may confer rights and remedies on you in relation to the provision by myCaseCovers of goods or services on the website which cannot be excluded, restricted or modified (“Non-excludable Rights”). myCaseCovers does not exclude any Non-excludable Rights or any express warranty contained on its website provided in relation to the goods, but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

  • All Content and functionality is provided “as is” and without warranties of any kind, either express or implied;
  • myCaseCovers may source or aggregate content from other sites and/or businesses via RSS Feeds. All content is credited to that particular provider, and every piece of content sourced via this method will point the end user to the sources site;
  • myCaseCovers and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, the quality, acceptability, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure;
  • myCaseCovers does not warrant that the information or functions contained in any Content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the Content to you are free of viruses or any other harmful components; and
  • myCaseCovers does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of myCaseCovers) will myCaseCovers or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.

For the avoidance of doubt, if you are a consumer, nothing in these Terms of Use restricts, limits or modifies your rights or remedies against us for failure of a statutory guarantee under the ACL or NZCL, as appropriate.

 

If the preceding paragraph does not apply, then other than as stated in the Terms of Use or any written warranty statement, we are not liable to you in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods by you or any third party, save for our cost of provision of the goods.

We are not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, save for our cost of provision of the goods and except to the extent of any liability imposed by the ACL or NZCL, as appropriate.

You acknowledge that:

  • you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by us in relation to the goods or their use or application; and
  • you have not made known, either expressly or by implication, to us any purpose for which it requires the goods and you have the sole responsibility of satisfying yourself that the goods are suitable for your use.

 

14. General Matters

This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts entitled the hear appeals from those courts. Any provision in these Terms which is invalid or unenforceable must be read down, if possible, so as to be valid and enforceable. If that provision cannot be read down, then it is to be severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms. Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights. All rights not expressly granted herein are reserved.

 

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** Product images are for demonstration only and may be slightly different from real products as some images may be used for different products due to limited photographing resources. However, products you received should fit the devices correctly.
*** Real devices are not included in the listed item. Styluses and other accessories are not included in the listed item unless explicitly marked. Samsung S Pen is not included in the case products.