Terms and Conditions

WEBSITE AND ONLINE STORE

TERMS AND CONDITIONS

  1. In these terms and conditions, “We” “Us” and “Our” refers to Kelmond Pty Ltd t/as Eastwood Hifi ABN 89 621 430 902 on the website https://www.eastwoodhifi.com.au. Your access to and use of all information on this website including the ability to review service providers or to advertise on this site is provided subject to the following terms and conditions.
  2. We reserve the right to amend this Notice at any time and Your use of the website following any amendments will represent Your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time You access Our website You read these terms and conditions.

Our Website Services

  1. Our services are provided to adults over the age of eighteen (18) years. By proceeding through Our website, You acknowledge that You are over 18 years of age.
  2. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Site and Online Store Access

  1. When You visit Our site, We give You a limited licence to access and use Our information regarding audio and video supplies for personal use. Prices for our products are subject to change without notice.
  2. You are permitted to download a copy of the information on this website to Your computer for Your personal use only provided that You do not delete or change any copyright symbol, trademark or other proprietary notice.  Your use of Our content in any other way infringes Our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without Our prior written permission.
  4. The licence to access and use the information on Our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit You to metatag or mirror Our website without Our prior written permission. We reserve the right to serve You with notice if We become aware of Your metatag or mirroring of Our website.
  5. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  6. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  7. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  8. We have made every effort to display as accurately as possible the colours and images of products that appear at the store. Images are used for illustrative purposes only.
  9. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
  10. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  11. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  12. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
  13. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  14. We reserve the right to refuse service to anyone for any reason at any time.
    You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
    1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
    2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  15. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  16. You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
  17. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
  18. We reserve the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
  19. By transmitting or posting any Submissions to this Web site you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  20. You also grant Eastwood HiFi and its affiliates and sub-licensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content.
  21. You further agree that the license granted herein includes all of the rights to use or authorise the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
  22. You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify us and Our affiliates for all claims resulting from content you supply.
  23. You agree that neither Eastwood HiFi nor its licensees will be liable to you for any use of any Submission.
  24. We have the right but not the obligation to monitor and edit or remove any activity or content.
  25. You acknowledge and agree that you are solely responsible for any Submissions you submit to Eastwood HiFi via Facebook, Instagram or this Website and further agree that you, not Eastwood HiFi, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.

Receipt of Product

  1. Store Pick-up is available at our discretion.
  2. Please note that the pick up option is not available on purchases made with PayPal and must be delivered to a PayPal verified address as per PayPal terms and conditions.

Hyperlinks

  1. This site may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and We take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on Our website to another website does not imply Our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. Linking Our site is not permitted. We reserve the right to serve You with notice if We become aware of such linking.
  3. If your business wishes to link to our site then a request in writing is required and we reserve the right to refuse such linking.

Intellectual Property Rights

  1. The copyright to all content on this website including graphics, images, layouts and text belongs to Us or We have a licence to use those materials.
  2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by Us or We have a licence to use them. Your access to Our website does not license You to use those marks in any commercial way without Our prior written permission.
  3. Any comment, feedback, idea or suggestion (called “Comments”) which You provide to Us through this website becomes Our property. If in future We use Your Comments in promoting Our website or in any other way, We will not be liable for any similarities which may appear from such use.  Furthermore, You agree that We are entitled to use Your Comments for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments.

Disclaimers

  1. Whilst We take all due care in providing Our goods and services, We do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that Our website is free of any virus, worm, Trojan horse and/or malware, however We are not responsible for any damage to Your computer system which arises in connection with Your use of Our website or any linked website.

Limitation of Liability

  1. If You are not a consumer within the meaning of Schedule 2 of the Competition & Consumer Act 2010 then this clause applies to You.  If You are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit Our liability or Your rights.  If You are not a consumer: –
    1. To the full extent permitted by law, Our liability for breach of an implied warranty or condition is limited to the supply of the goods or services again or payment of the costs of having those goods or services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by You arising from goods or services We have supplied.
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    4. We do not participate in any way in the original transactions between Our users.

Indemnity

  1. By accessing Our website, You agree to indemnify and hold Us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with Your use of Our website.
  2. You agree to indemnify, defend and hold harmless Eastwood HiFi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Termination

  1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  2. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  3. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
    Jurisdiction
  5. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and You agree to submit to the jurisdiction of those Courts.
  6. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  1. We undertake to take all due care with any information which You may provide to Us when accessing Our website. However, We do not warrant and cannot ensure the security of any information which You may provide to Us. Information You transmit to Us is entirely at Your own risk although We undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in Our separate Privacy Policy which may be accessed on Our website.