Terms & Conditions
1. TERMS AND CONDITIONS
The following terms and conditions apply to all Interactions between you and Coelihack. Access to the Website is conditional upon your acceptance of these Terms and Conditions. By continuing to use or access the Website you agree to be legally bound by the terms and conditions contained herein. You also agree to ensure your Interactions are consistent with these Terms and Conditions and all applicable laws.
2. DEFINITIONS & INTERPRETATION
In these Terms and Conditions:
Words importing the singular shall include the plural and vice versa.
The use of the word “including” shall not in any way limit the generality of the ambit or scope of what follows, to only the items specified thereafter.
The following definitions will apply:
“ACL” means the Australian Consumer Law as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Blog” means the blog operated by Coelihack, located on the Website.
“Claim” means, in relation to any person, a claim, action, proceeding, judgment, damage, loss, cost, expense or liability of whatsoever kind and howsoever arising, incurred by or to or made or recovered by or against the person, and whether based in common law or statute or on judicial precedent, and whether direct, indirect, present, ascertained, unascertained, immediate, future, possible, potential, or contingent.
“Coelihack” “we” and “us” all mean Coelihack Pty Ltd (ACN 626 652 186) and includes its related entities.
“Consequential Loss” means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable at any time, and whether arising from a claim under indemnity, contract, tort (including negligence), statute, common law, judicial precedent or otherwise.
“Interaction/s” means any interaction between you and Coelihack arising out of your use of the Website, including accessing the Website, reading or posting on the Blog, viewing, ordering, purchasing or receiving any Products, and viewing or otherwise interfacing with any Third Party Content, and includes, without limitation, any interaction by you for or on behalf of someone else.
“Products” means anything purchased by you from Coelihack through your use of the Website.
“Terms and Conditions” means these terms and conditions, which apply to any Interaction between you and Coelihack.
“Third Party Content” means any websites or other content you access or are exposed to through your use of the Website that is not directly affiliated with Coelihack, including any social media or advertising content, and any third party service provider websites.
“Website” means the website operated by Coelihack under the following URL: www.coelihack.com.au
3. YOUR RESPONSIBILITIES
3.1. Information You Supply
You are responsible for the accuracy and factual correctness of the information provided to us in relation to any Interactions. Coelihack is entitled to rely exclusively on such information and any and all other particulars as are provided by you, or on your behalf, for the purposes of the Interactions.
You agree to ensure that no Interactions are unlawful or promote unlawfulness in any way. You will not engage in conduct that, at our discretion, could be considered to be discriminatory, defamatory, harmful, inconsiderate, abusive, socially or racially or otherwise objectionable, or might reasonably result in damage, or a loss of profitability or business viability for us. We reserve, in our absolute discretion, the right to refuse to publish Blog posts or refuse any other requests that may be considered as constituting or facilitating such conduct.
3.3. Third Party Services
Coelihack utilises third party services such as the payment platform PayPal and the delivery service Sendle. It is your responsibility to familiarise yourself with and agree to the terms and conditions of any third parties involved in any of your Interactions. Coelihack will not be responsible to you in any way, for any loss or damage you may suffer, or for any Claims made against you, arising in any way from your Interactions with such third party services.
4. WEBSITE CONTENT AND ACCESS
Although Coelihack endeavours to take all possible reasonable care in preparing, maintaining and administering the Website and its content, you acknowledge and accept that such content may include technical or content inaccuracies and typographical errors, and may not be current or accurate at the time of viewing. Coelihack does not guarantee that any Website content, including Third Party Content, is free from viruses or other malicious software, and is not responsible for damage to any electronic device or any other loss that may arise as a result of any Interactions.
Coelihack does not guarantee uninterrupted access to or availability of the Website, Blog, Products or other content. You are prohibited from modifying, copying, or storing any Website or Blog content, and from re-selling or redistributing any Products. Coelihack reserves all of its rights to protect its commercial interests in the event that you breach this provision, in any manner that it may determine, including by the institution of recovery and/or injunctive actions.
The Website may contain hyperlinks to websites owned and operated by third parties and not under Coelihack’s control.Any hyperlinks appearing on the Website are accessed at your own risk and Coelihack accepts and undertakes no responsibility whatsoever for anything arising out of you accessing such hyperlinks, including any Claim that may be made against you in connection with, or arising out of, that Interaction. The existence of any hyperlinks on the Website does not imply Coelihack’s endorsement, support, sponsorship of or affiliation with any hyperlinked website or website operator.
5. WARRANTIES AND LIABILITY
5.1. Extent of Warranties
We do not give any warranties of any kind whatsoever, nor accept any liability or responsibility of any kind whatsoever, in relation to the accuracy, reliability, adequacy or completeness of any Website content, or in relation to the suitability or fitness for purpose, medical, general or otherwise, of any Products, as the case may be, except and only to the extent required by law or specifically provided for in these Terms and Conditions. If but for the existence of this Clause, any warranty would be implied by any law, statute or other means, that warranty is to the fullest extent permitted by law, hereby excluded.
5.2. Express Disclaimer Regarding Website Content
Coelihack does not owe you a duty of care in relation to any of your Interactions. In particular, the information provided in the Website or Blog is general in nature and does not constitute medical or any other form of advice. Coelihack is not in the business of providing professional or medical advice, and gives no warranty, guarantee or representation of any kind, to the full extent permitted by law, medical or otherwise, as to the accuracy, suitability, trustworthiness, reliability, timeliness or otherwise, of any Website or Blog content, or of any information whatsoever, arising directly or indirectly out of your Interactions. If you intend to rely on or act upon any Website or Blog content that is of a medical or advisory nature, including any content that may affect your health or otherwise influence your lifestyle choices, Coelihack strongly recommends that you seek advice from an appropriate professional before acting on such reliance, or taking any such action. No Website or Blog content is intended to be or should be taken as medical or professional advice, and no such content is, or is intended or claims to be, a substitute for medical or professional advice.
5.3. Limitation of Liability and Release
To the maximum extent permitted by law, Coelihack shall not be liable to you in any way whatsoever, and you hereby irrevocably and unconditionally and completely release Coelihack from and against any and all Claims, liability and responsibility whatsoever, arising in any manner whatsoever, and whether directly or indirectly, from or as a result of any of your Interactions, in respect of any of the following: (a) Any direct, indirect, special, incidental damages or Consequential Loss; (b) Any economic loss or other loss of turnover, profits, business or goodwill; (c) Any loss, Claim or liability that exceeds the total of any payments made by you arising out of any Interaction; (d) Any reliance by you on Website or Blog content; (e) The use by you or any third party, of any of the Products for any purpose other than the express purpose for which they are intended; or (f) The use by any person other than you of any of the Products.
5.4. Limitation of Liability and ACL Guarantees
To the extent that Products supplied by Coelihack are not goods of a kind ordinarily acquired for personal, domestic or household use, and you are deemed to be a consumer for the purposes of Section 64A of the ACL, you agree that Coelihack’s liability for a failure to comply with a consumer guarantee that you may have the benefit of, under the ACL (other than a guarantee under ss 51 (title), 52 (undisturbed possession) and 53 (undisclosed securities)), is limited, at Coelihack’s option, to one or more of the following:
(a) Replacement of the Products or the supply of equivalent Products;
(b) The repair of the Products;
(c) The payment of the cost of replacing the Products or of acquiring equivalent Products; or
(d) The payment of the cost of having the Products repaired.
5.5. Duration of Liability
To the maximum extent permitted by law, you (and anyone claiming through you) are not entitled to commence or institute or lodge any action, Claim or proceeding of any kind whatsoever against Coelihack or its employees, agents or associated entities, arising in any way out of or in any way connected with these Terms and Conditions if a period of three (3) months has expired since your last interaction (which includes the date of delivery of any Products).
By accessing the Website, you agree and undertake to indemnify and hold us harmless and to keep us indemnified and held harmless from and against any and all Claims, actions, damages, costs and expenses, of any kind and howsoever arising, including legal fees, resulting in any way from, or in any way connected with, any Interaction. You hereby agree and undertake to indemnify and hold us harmless and keep us indemnified and held harmless, from and against any and all possible liabilities, Claims, costs, damages and/or losses arising, whether directly or indirectly, and in any way whatsoever, where such liabilities, Claims, costs, damages and/or losses are attributable to, arise as a result of, or were caused by:
(a) A breach by you of any of your responsibilities and obligations under these Terms and Conditions;
(b) Any misuse of the Website or Products by you or any third party related to you;
(c) Any wilful, unlawful or negligent act or omission by you; or
(d) Any infringement by you of any third party’s intellectual property or other rights.
5.7. By accessing or utilising the Website, you hereby agree and undertake to indemnify and hold us harmless and keep us indemnified and held harmless from and against any and all possible liabilities, Claims, costs, damages and/or losses resulting, caused, or arising in any way, and whether directly or indirectly, from or out of any Interactions, including, without any limitation, any and all third party claims, regardless of the developer or creator of the material used for such communication or interaction.
5.8. Any indemnity provided herein is a continuing and enduring indemnity, and will constitute an obligation of yours separate and independent from your other obligations hereunder, and will endure and survive notwithstanding whether or not you have ceased any Interactions.
6.1. Coelihack reserves the right to reject any order for Products that Coelihack, in its reasonable opinion, considers to be unacceptable.
6.2. Full payment must be made for any pre-ordered Products, before delivery will be arranged. Product colours may vary slightly to from those displayed on the Website.
6.3. The supply and dispatch of all Products is subject to availability, and Coelihack does not guarantee that its Products will be immediately available for supply and dispatch. If you have paid for any Product and it is found to be unavailable for any reason, Coelihack will endeavour to source that Product and arrange for it to be delivered to you within a reasonable time.
6.4. The estimated time for delivery of any Products is between 4 – 6 weeks after payment is made (unless such Product is pre-ordered or as otherwise stipulated). Coelihack will endeavour to ensure all Products purchased are delivered to you in a timely manner, but does not accept liability for any delay in delivery caused by reasons outside of its control.
6.5. Once Products are delivered, it is your responsibility to ensure that they are only utilised for the purpose for which they were intended, and that they are not interfered with by any third party.
7.1. Making Payment
You must pay the fee shown on the Website for any Products, without any set-off or deduction of any kind whatsoever. You must arrange a suitable alternative payment method if any payment arrangements are cancelled either by you or by your financial institution. Products will not be dispatched for delivery unless and until cleared payment in full is received by Coelihack.
7.2. Refund Policy
If any Products are found, for any reason not directly caused by or attributed or attributable to you through your action or inaction, to be defective, faulty or not of an acceptable quality, or if otherwise expressly required by law, Coelihack will provide you with a full refund, PROVIDED THAT the defect, fault or unacceptable quality constitutes a major failure for the purposes of ss 260 or 268 of the ACL, and you notify Coelihack of the defect, fault or unacceptable quality, within 7 days of delivery of such Products. Proof of purchase and delivery, including the date of delivery, must be provided for you to be eligible for a refund.
8. OTHER PROVISIONS
8.1. Intellectual Property and Copyright
You hereby agree and acknowledge that you do not and will not acquire any intellectual property rights of any kind whatsoever in, to and over any Website content and/or any Product, Product concept or Product design, and that all such intellectual property rights shall forever be and remain vested in us.
You hereby agree and undertake to indemnify and hold us harmless and keep us indemnified and held harmless from and against any and all possible liabilities, Claims, costs, damages and/or losses arising or resulting in any way, and whether directly or indirectly, from or out of the provision by you to us and the use by us, of any and all material that you supply to us through any Interactions, including, without any limitation, any and all third party claims for breach of copyright or any other intellectual property rights in and to all such material.
By uploading any content that is or may be considered to be intellectual property, you are granting Coelihack a perpetual, non-exclusive and payment-free licence throughout the world to reproduce, use and exploit that content, to the full extent permitted by any applicable law.
8.2. Alteration of Terms and Conditions
Coelihack reserves the right to alter these Terms and Conditions: (a) With or without notice to you; and (b) Without providing any explanation or justification for such change.
These Terms and Conditions are subject to and shall be interpreted and enforced in accordance with the laws applicable in the State of Western Australia, without giving effect to any conflict of laws principles. The parties hereby submit to the exclusive jurisdiction of the Courts of that State, including its Courts of Appeal.
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, that provision shall, but only to the extent required, be severed from these Terms and Conditions, and rendered ineffective, as far as possible without modifying the remaining provisions, and such severance shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.