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    Website Terms

    Your use of, or access to, our website and our Online Shop is subject to the following terms and conditions.

    1. General terms

      1. Our website http://www.livingedge.com.au/ is owned and operated by Living Edge (Aust) Pty Ltd ACN 603 725 891 (us, our or we).
      2. Your use of, or access to, our website and our Online Shop is subject to the following terms and conditions (Living Edge Terms):
        • these Website Terms,
        • our Privacy Policy,
        • any notices, disclaimers or other statements contained on our website,
        • the Sale Terms if you purchase goods or services through our website, and any other laws and regulations applicable to our website.
      3. By accessing and using our website, you agree that you are legally bound by the Living Edge Terms and you have capacity to enter into an agreement with us on and subject to those Living Edge Terms.
      4. Our website may be accessed in Australia and throughout the world. We make no offer in or by our website to sell any product or service in any country outside Australia and no representations that the content of this website complies with the laws of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our website.
      5. You undertake to us not to transfer, or attempt to transfer, any material, viruses or code to our website that could cause damage or harm to our website or impede the security of our website. You agree not to alter our website. You agree to indemnify us and keep us indemnified against all actions, claims, costs, demands, damages or liability arising from a breach of this clause.
      6. We may, at our discretion, vary or modify any of the Living Edge Terms. Any subsequent access or use or our website will be subject to those modifications.
    2. Prices

      1. All price references on our website are in Australian currency.
      2. Prices may vary from in store purchases, so we recommend checking with your nearest store before making any purchase.
      3. We reserve the right to amend any price displayed on our website without notice.
    3. Products, supply and variations

      1. Unless otherwise specified, all products or services on our website are available in Australia only.
      2. Not all products featured on our website are available through us in all states or territories of Australia, and some products may not be available in each store, or may be out of stock or discontinued (particularly if you are ordering through an out-of-date catalogue). However, all products featured on our website can be ordered from all stores. Please contact your local store should you have further queries.
      3. We reserve the right to make changes to products, colours and items on display on our website at any time and without notice.
      4. Whilst reasonable efforts are made by us to:
        • supply goods with correct sizes, slight variations in size may occur
        • maintain consistency, variations from sample in colour and quantity may occur
        • supply material in accordance with the quality of any samples submitted to you or quoted for, the quality cannot be guaranteed
        • supply goods to specific colours, variations from colour may occur (ie. colours in store may vary slightly from what you see on your monitor, depending on your monitor settings),and
        we will not be liable to you for any such variations or inconsistencies.
      5. Photographs, drawings, illustrations and any other particulars associated with or given in descriptive literature or a catalogue of ours, approximate the Goods or Services offered by us, and cannot be relied on by you.
      6. Any performance data provided by us or a manufacturer is an estimate only and should be construed accordingly.
    4. Important disclaimers and exclusions of liability.

      1. All information provided on our website is believed to be correct as of the date it was submitted online. However, due to pricing fluctuations, discontinuation of products or finishes, or changes to measurements, warranties, lead times or product availability, we make no representation to the accuracy of the information provided on our website.
      2. We are not responsible for any loss or damage caused, including through negligence, or arising directly or indirectly out of your use or reliance on the services or information accessed through our website.
      3. You agree and declare that for our benefit that you have relied on your own skill and judgment in entering into any transaction for product or service with us, subject to the Living Edge Terms, and you have not relied on any statement or representation given by any person on our behalf.
      4. Nothing in these Website Terms excludes, restricts or modifies any condition, guarantee, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar State legislation which cannot be excluded, restricted or modified (non-excludable right).
      5. Subject to any non-excludable right, we will not be liable to you or anyone else, to the maximum extent permitted under law, for:
        • your use or misuse of our website, Quotation or Sales Invoice or Agreement, or any information or material contained in our website
        • the loss or modification of information or material transmitted from our website
        • any defect, technical problem or virus attached to or arising from our website or the server
        • any injury or illness you or any other person sustains as a result of using our website
        • the products displayed being unavailable at any time
        • your inability to access or use our website or any material on our website, or
        • the loss of confidentiality in any information or material transmitted to or from our website.
      6. To the maximum extent permitted by law, we do not make any guarantees or warrant that our website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.
      7. Subject to a non-excludable right, we will not be liable to you for:
        • any liability, damage, loss, cost or expense that is beyond the normal measure that you suffer or incur from a breach of this Agreement or that is consequential or following, immediate or eventual, flowing from a breach of this Agreement
        • expenses incurred by you due to any breach of the Agreement
        • a decision, action or inaction taken in reliance on any information provided by us or connected with our website, or
        • loss of profit, loss of revenue, loss of business, loss of opportunity, loss of production, loss of goodwill, loss of reputation, loss of contract, loss in replacing or restoring data, loss of anticipated saving, or loss for any financing costs or increase in operating costs, whether any such loss is direct or indirect, or normal or consequential, in nature (or on any other basis).
      8. To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Website Terms is excluded.
    5. Third party websites

      1. Any external website link on our website is not under our control, does not constitute an endorsement of the third party website, and we are not responsible for their accuracy or content.
      2. Accessing those websites is your decision and to the fullest extent permitted by law, we are not responsible or liable in any way for:
        • your use of those linked websites or any loss or damage incurred arising out of or in connection with your use of them, and
        • the content or practices of those websites operated by third parties that are linked to our website.
    6. Privacy and use of cookies

      1. We agree to use any of your personal information in accordance with our Privacy Policy.
      2. When you visit our website, our web servers record anonymous information such as the time, date and URL of the request. This information assists us to improve the structure of our web site and monitor the performance. We use \'cookies\' which are an industry standard and most major web sites use them. A cookie is a small text file that our web site may place on your computer. Usually, cookies are used as a means for our web site to remember your preferences. As such, cookies are designed to improve your experience of our website.
      3. We utilise software that minimises privacy concerns by using exclusively first-party cookies. First-party cookies do not violate our Privacy Policy and uses the information in the first-party cookie to identify unique visitors. Unlike third-party cookies, which are stored on a third-party server and may be shared with other applications, the cookies are stored on our computer and are never shared.
      4. In some cases, cookies may collect and store information about your web browser. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources. Most internet browsers are pre-set to accept cookies; however you can adjust your Internet browser to disable cookies or to warn you when cookies are being used.
      5. For statistical purposes, we collect anonymous information on website activity, such as top pages viewed, the number of pages viewed, the number of sessions, most popular session times, web browser info. We use this data to evaluate our website performance and to improve the content we display to you. No personal information is collected on these occasions.
    7. Copyright

      Our website and its contents are our property and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of our website, is prohibited without the prior written permission from us. We can be contacted in writing (via email: service@livingedge.com.au, fax: 02 9640 5600 or letter: Living Edge PO BOX 304, DARLINGHURST, NSW, 1300).

    8. Intellectual property

      We own all intellectual property including but not limited to trademarks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise with our website (collectively intellectual property), and any improvements or modifications to such intellectual property. The use or misuse of any of our intellectual property is prohibited without our prior written permission from us.
      We do not give you any right in or license to any of the intellectual property on or associated with our website.

    9. General

      1. The agreement created under the Living Edge Terms constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
      2. No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
      3. We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us written notice via email: service@livingedge.com.au, fax: 02 9640 5600 or letter: Living Edge PO BOX 304, DARLINGHURST, NSW, 1300.
      4. If a provision of these Website Terms is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Website Terms. All other provisions of these Terms of Use remain in full force and effect.
      5. These Website Terms are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.
         
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