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Site Terms and Conditions

User Agreement

By visiting or using this site or any associated services from Zidotkd (the “website") you agree to be bound by these terms and conditions
as set out below (“agreement”, “terms”, “terms and conditions”).

This agreement is formed between you ("you", "user", "member" and "visitor" means anyone who visits or uses this website) and Zidotkd ("us", "our", "we").

If you do not agree to any provisions of this agreement, you must not use the website.

We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check this page for our published terms and conditions and policies from time to time to acquaint yourself with the current version.

Legal Capacity

By making an on-line purchase you accept these terms and conditions and acknowledge that you are over eighteen (18) years of age or have the permission of someone over eighteen (18) years of age, and are entering into a legal contract with us.

Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

Supply of services to You / Termination

We reserve the right to change, alter, remove or add functionality to the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.

Disclaimer

We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website or our products including, but not limited to, loss or damage you might suffer as a result of:

  1. Errors, mistakes or inaccuracies on the website;
  2. You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
  3. Personal injury or property damage of any nature resulting from your access to, and use of, the website;
  4. Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  5. Any interruption or cessation of transmission to or from our website;
  6. Any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
  7. The merchantability or fitness for any purpose of any product or service of any third party sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
  8. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address.
  9. It is your responsibility to guard against fraudulent websites or emails and ensure that you only access our website(s) at the proper web address and that any emails or links you follow or click on lead to our website(s).
  10. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

 In the case of goods:

  • The replacement of the goods or the supply of equivalent goods;
  • The repair of the goods;
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired; and

In the case of services:

  • The resupply of our services, or
  • The payment of the cost of resupply of our services.

Use of services by you 

Information on this Website Information about products, goods and services on the website is based on material provided by suppliers and product manufacturers.

You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by
manufacturers or suppliers changing product specifications without notice to us.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

Orders

Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified
(including delivery and other charges).

We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.

You may cancel your order only if we have not started processing it. 
Please contact us directly via the website to cancel an order.

Price

The prices of products, delivery and other charges are shown by default in Australian dollars (you may elect to view prices in other currencies)
and include GST where applicable.

Prices are current at time of display but are subject to change and availability of stock.

Payment and Processing

All payments must be received in full prior to dispatch. If your payment is not received or declined by your bank or credit card issuer, we
cannot hold product against your order.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.

We may at our discretion not accept credit cards issued by banks outside of Australia.

Coupons, Discounts and Promotions 

We may at our absolute discretion from time to time provide discount Coupons to existing and/or new customers.

Coupons can only be used towards the payment of Products on our website.

Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. We will determine the content of Terms and Conditions governing Coupons in its absolute discretion.

Supply and description of product

Subject to this agreement, we will supply to you the products shown on your order confirmation. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.

We have written descriptions of products based on information provided to us by our manufacturing factory(ies) during our product development and testing. While we consider this information reliable we cannot guarantee or give any warranty about the information provided.

Risk and Title

We retain ownership of goods until payment is received in full.

Risk in goods, such as loss or damage, passes to you upon dispatch from our site(s).
 
Links to third party websites

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not reponsible for the material contained therein.

Intellectual property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. You may not use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our written permission.

Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.

Transfer and Assignment

In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand,
suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Credit Card Fraud

We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Force majeure
We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances
beyond our reasonable control.

Applicable law
This agreement will be governed by and interpreted in accordance with the laws of NSW, Australia. You irrevocably submit to the nonexclusive jurisdiction of the courts of the State of NSW, Australia.

If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the
balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

Waiver

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

Privacy and personal information

You should read our Privacy Policy section in conjunction with this agreement which sets our what personal information we may collect and how we use this information