TERMS AND CONDITIONS OF WEBSITE USE
This agreement, together with any additional terms, conditions, notices and disclaimers contained elsewhere on this website forms the conditions of supply of material on, use and access to this website (‘the Website’). Your continued use of the Website constitutes an acknowledgement and agreement by You that You accept and agree to abide and be bound by these terms and conditions and any modifications made to them from time to time.
1. Online Shopping
1.1 This Website provides visitors with the option to purchase products and services online. Panalysis offers the Products and Services displayed on the Website for sale as a broker facilitating the ability for third parties to sell their products and services online and at no stage owns the Products displayed on the catalogue
1.2 The Products and Services offered on the Website’s shopping areas can be purchased using our secure online American Express, Bankcard, Master Card and Visa transaction facility.
1.3 To ensure that Your credit card or personal details are kept secure in transit over the internet, we use a 128 bit encrypted SSL Web Server Certificate to encrypt data going to and from the Website. SSL works by providing a secure link between Your browser and scrambling any information You provide to us to ensure it is kept secure. However, while Panalysis uses its best endeavours to protect all such information at all times, we cannot be responsible for any unauthorised access to the information.
1.4 All prices quoted in the Website’s shopping areas are in Australian Dollars (A$) and include GST. All prices are correct at the time of publication however we reserve the right to alter prices for any reason, at any time.
1.5 We will process 100% of the value of Your order at the time.You authorise us to process Your credit card payment in this way.
1.6 The turn around time for any order You make online will be as follows:
- where You make an order directly from the catalogue, You will need to wait between seven (7) and ten (10) days for delivery by express post throughout Australia and by airmail if You have made an overseas order;
- where You make an order for custom made jewellery You will need to wait between twenty one (21) and twenty eight (28) days for delivery by express post throughout Australia and by airmail if You have made an overseas order.
- Where You make an order directly from the catalogue, if we do not have stock immediately available, we will email You of an adjusted delivery time (usually 3-4 days). Australian deliveries cost $7.50 for postage and handling. Deliveries outside of Australia cost $15.00 for postage and handling.
1.7 Once You have made Your order by submitting the order form information by clicking the ‘submit’ button, orders cannot be cancelled. If, however You place an order for products from the catalogue and receive goods that You are not happy with, we will gladly arrange for a full refund if You return the goods to us in good condition within fourteen (14) days of the date we process the final 50% of Your payment. If within six (6) months of purchasing a product, You find that the product is faulty or defective You may return it to us for repair and/or replacement. If the Product cannot be repaired or replaced you will receive a full refund. Please note that products You have misused, abused or worn constantly will not be deemed faulty or defective for the purposes of this warranty.
1.8 Unfortunately we cannot provide a refund for custom made goods, however if You are unhappy with any custom made products, we can arrange for You to display those products for resale on our website (free of charge) for a period of twenty –eight (28) days. Any sale You make in this period will constitute Your refund. Please note that in these circumstances, You will need to display Your own contact details on our website and liaise with potential purchasers directly. We cannot accept payments, screen potential purchasers or arrange for sending of products on Your behalf in these circumstances.
1.9 Panalysis is not responsible for any failure by the creators, providers and/or manufacturers of the Products and Services to provide the Products and/or Services ordered by you and Panalysis’ liability in this event is limited to a refund of any monies paid by you in connection with an order you place.
2.1 The contents of this Web site are the property of or have been duly and lawfully licensed to Panalysis Pty Limited (‘Panalysis’, ‘We’ or ‘Our’). Any rights not expressly granted herein are reserved to Panalysis. You may not use, publish, perform, transmit, licence, sell, transfer, modify, copy or reproduce any of the material contained in or products and services displayed on this Website except that You may:
- download a copy of this Website to the local hard drive of the computer used to access this site; and
- print extracts of this Website for Your personal use only.
2.2 You must also ensure that You do not provide a link to this Website from another website without our prior written consent.
2.3 Nothing displayed on this Website should be construed as granting any licence or right of use or reproduction of any logo, product or trademark displayed on the Website without the express written permission of the relevant owner.
Use of any personal information that You provide to Panalysis is governed by our Privacy Statement.
4. Your Conduct
4.1 As a condition of Your use of this Website or any services on this Website, You warrant to Panalysis that You will not use this Website for any purpose that is unlawful, or prohibited by these terms and conditions. You agree to abide by all applicable laws, regulations and codes of conduct and You agree not to:
- use this Website to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
- impersonate any person or entity;
- upload, post, email, transmit or otherwise make available using the Website any material that You do not have a right to make available under any law or contractual obligation or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
4.2 Panalysis retains the right at all times to monitor, retain and disclose any information as is necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify Panalysis if Panalysis or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by You or Your use of or conduct on the Website.
5 Website Content
5.1 Panalysis makes no representations about the suitability of the information contained in the Website or that of any downloads available on the Website. Your use of the Website is at Your sole risk. While we endeavour to ensure the accuracy and completeness of the information contained in this Website, we make no warranties and accept no responsibility for any loss or damage You may suffer as a result of Your use of the Website or Your reliance on any part of it.
5.2 Panalysis makes no representations or warranties:
- in relation to any of the material on this Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
- in relation to any material on any other website referred to or accessed by a hyperlink through this Website (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material);
- that this Website or any of its material is virus free;
- that Your access to this Website will be uninterrupted, timely or secure.
5.3 Panalysis will not be liable for any loss or damage to You resulting from any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties or malfunction in equipment or software.
5.4 Panalysis reserves the right to remove, withdraw, refuse access to, alter or revise the information on the Website at all times.
6. Third Party Sites
When You select links available on the Website, You will actually leave the Website. These linked sites are not under the control of Panalysis and Panalysis is not responsible for the contents of any linked site, or any transmission received from these linked sites. Panalysis is providing these links for Your convenience and interest only and any included site does not imply endorsement by Panalysis. In particular, Panalysis makes no warranties or representations that material on other websites to which material is linked does not infringe the intellectual property rights of any person anywhere in the world. Panalysis is therefore not and must not be taken to be authorising infringement of any intellectual property rights contained in material on other sites by linking to such material on other sites.
Individual advertisers are solely responsible for the content of any advertising material which is submitted to Panalysis and published on the Website, including ensuring that it complies with relevant legislation. Panalysis accepts no responsibility for the content of any advertising material published on this Website and the display of such advertising does not in any way imply a recommendation or endorsement by Panalysis of the relevant advertiser, its products or services.
8. Limitation of Liability
8.1 In no event is Panalysis liable for any direct, incidental, consequential, special, punitive or exemplary damages or loss of profits of whatever nature (even if Panalysis has been advised specifically of the possibility of such damages arising from consumers using the Website or engaging the services of Panalysis ), howsoever arising including but not limited to:
- the use of or access to, or any inability to use or access the Website or any material on the Website;
- unauthorised access to, or alterations of Your transmissions or data; or
- statements or conduct of any third party on the Website;
- Your reliance on any statement or representation made on the Website.
8.2 Panalysis does not exclude any rights and remedies available to You in terms of the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by Panalysis of any goods or services via the Website which cannot be excluded, restricted or modified. However, we exclude all other conditions and warranties which may be implied by law.
8.3 In the event that these terms and conditions or this Website or any part of it constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act, 1974 or any equivalent statute or territory legislation as amended (‘the Act’), nothing contained in these terms and conditions or this Website or any part of it restricts or modifies in relation to any of these and/or the goods or services to be supplied in connection with these terms and conditions or this Website or any part of it, any condition, warranty, right or remedy which pursuant to the Act, applies to these terms and conditions or this Website or any part of it, or is conferred on You, provided that to the extent that the Act permits Panalysis to limit its liability for breach of condition or warranty implied by the Act, then Panalysis’s liability for such breach including any consequential loss which You may sustain or incur shall be limited to:
- in the case of goods, any one or more of the following acts as determined by Panalysis:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- in the case of services any cost of the following as determined by Panalysis:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
9.1 These terms and conditions may be varied from time to time. Please ensure that You review these terms and conditions regularly as You will be deemed to have accepted a variation if You continue to use the site after it has been posted.
9.2 These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia and the parties agree to submit to the jurisdiction of those courts of that State.
9.3 Please contact our webmaster should You have any technical issues regarding this Website.
9.4 These terms and conditions were last updated on 17/06/2006.