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Terms of Use
1. The website https://www.Weisshorn.com.au (the Site) is owned and operated by New Aim Pty Ltd (ABN 50 115 804 432) trading as Weisshorn (we, our, us or the Company). The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders. “You” and “your” mean the user or customer of this Site.
2. Your access to and use of the Site and the data it contains (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms of Use).
3. By using the Site or the services, features or functionality offered through the Site (Services) you agree to be bound by these Terms of Use. Additionally, the Warranty and Refunds Policy and Shipping Policy will apply if you make any purchase on the Site (Purchase). If you do not agree with the Terms of Use, do not use the Site.
Eligibility to use our Site
4. This Site and its information are intended and applicable for users who are residing in and using the Site within Australia only. To create an account and use the Site you must be over 18 years of age.
Privacy
5. By accepting these Terms of Use you agree to the collection, use and sharing of information in accordance with the Weisshorn Privacy Policy.
6. Further, you agree to comply with all applicable privacy and data protection laws in uploading any data to the Site and you warrant that all relevant consents have been obtained from any identifiable individuals.
Order and Cancellation
7. You shall pay for the Product in full when you place an order for a Product on our Site (Order), by supplying us with your credit/debit card details or by paying through other payment systems available via our Site such as PayPal, Google Pay, Apply Pay and Shop Pay. In any event, we shall not be bound to accept the Order before we have received and cleared the payment in full.
8. When you submit an Order, you agree to abide and be bound by the Terms of Use. We are not obliged to supply the relevant product until we have accepted your Order. A confirmation of acceptance of your Order with your Order details will be sent to you. Weisshorn reserves the right to decline any Order, for any reason. If your Order, or any part of your Order, is declined, you will be provided with a full refund of the price you paid for the Order (or relevant part of your Order).
9. If payments for an Order are made on the weekend or a public holiday, the Order may not be processed until the next business day.
Pricing
10. All prices on Weisshorn.com.au are quoted in Australian Dollars and include GST (Goods and Services Tax).
11. Product costs listed on the Site exclude delivery costs and charges, which will be calculated and added to your purchase when you make your Order.
12. Weisshorn reserves the right to change prices for products displayed at our Site at any time without notice.
Delivery of Goods
13. We only deliver within Australia at present.
14. Items will be delivered to the address you nominated while placing your Order. We are not liable for late or missing deliveries if an incorrect address is given.
15. Estimated shipment times may change due to changes in supply or conditions beyond our control. If you have not received your items within the estimated delivery time, please contact us via the Contact Us form on the Site.
Product Review Messages
16. Weisshorn welcomes your feedback on our products. As a courtesy, we ask that you do not use obscene, profane or threatening language in your communications with us. You are solely responsible for your messages and we are not liable for any content submitted by you. We reserve the right to remove the content you submit at any time.
Intellectual Property Rights
17. The Site and its content, including all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws.
18. Except as otherwise expressly provided for in these Terms of Use, or as authorised by us in writing, you will not, and will not permit or authorise third parties to:
a. modify, copy, reproduce or publish the Content; or
b. create a derivative work, or reverse engineer or reverse assemble the Content.
19. You can browse the Site freely and print it out for personal or non-commercial use.
20. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any registered trademarks and logos on the Site must not be used or modified in any way without obtaining the prior written consent from us.
21. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
22. If you print off, copy or download any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
23. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
User Data
24. You agree to provide an irrevocable, transferable, perpetual, royalty free licence to Weisshorn for the use of any intellectual property rights in all data, images, audio and video files uploaded by you to the Site (User Data) for the purposes of Weisshorn’ business and the provision of the Services by Weisshorn.
25. You acknowledge and agree that you, and not Weisshorn, are responsible for ensuring the lawfulness of the User Data you upload to the Site and obtaining any and all necessary rights and consents required from the relevant individuals to upload, store, and access any User Data.
26. You acknowledge and agree that it is your responsibility to ensure that:
a. your User Data does not infringe any intellectual property rights, privacy rights or any other rights of any person; or
b. your use of the Services and supply of the User Data does not breach any obligations of confidentiality to any person.
Correction of Errors and Inaccuracies; Limitations on Quantity
27. Weisshorn makes every effort to ensure accurate product descriptions. However, the content may contain typographical, technical or descriptive errors; and may not be complete or up to date. Therefore, we reserve the right to correct any information at any time without prior notice. We also reserve the right to limit quantity, including after an Order is submitted or paid for before we our confirmation of Order acceptance. We apologise for any inconvenience caused and will refund a payment to the extent it is in relation to such a shortfall of the quantity.
28. We endeavour to display the colours of the products on the Site as accurately as possible. The colour of the product you see depends on your monitor, so we cannot guarantee that there is no colour deviation from the actual product.
Site Access
29. Due to random technical errors, we do not guarantee all-time access to the Site. We do not guarantee that we will continue operating all or any part of the Site.
Access to the Site
30. You agree and acknowledge that use of the Services is at your sole risk.
31. You agree that you will not:
a. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
b. use the Site, Services or Content for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms of Use;
c. use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
d. compromise the security of the Site;
e. use or attempt to use another person’s Weisshorn account without authorisation;
f. upload or publish content that:
i. may infringe the intellectual property rights of any person;
ii.impersonates any person or entity or otherwise misrepresents your relationship with Weisshorn or any other person;
iii.is false, misleading, defamatory, slanderous, obscene, inappropriate, harassing or abusive of another person or is invasive of another persons’ privacy;
iv.contains or promotes sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v. promotes any illegal activity, or advocate, promote or assist any unlawful act;
vi.is otherwise contrary to law;
vii. has been solicited by an incentive or payment from another person; or
viii.contains viruses, malware or any other malicious software or data;
g. use the Site, Services or Content in a manner that violates the publicity, privacy or data-protection rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use;
h. use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
i. use any device, software or routine that interferes with the proper working of the Site;
j. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
k. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
l. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
m. otherwise attempt to interfere with the proper working of the Site.
Limitation of Liability, no warranty and disclaimer
32. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which would contravene any statute or cause any part of the Terms of Use to be void (Non-excludable Condition), to the extent permitted by law, Weisshorn specifically disclaims all liability for any loss or damage (including actual, special, direct, indirect and consequential) arising out of or in any way connected with the Site.
33. Except for liability in relation to any Non-excludable Condition and to the extent permitted by law, our Warranty and Refunds Policy, and our Shipping Policy:
a. we are not liable if Products available for sale on the Site are misused, mishandled or mistakenly installed by you or any third party; and
b. our maximum total liability for any Product supplied to you through our Site shall at no time exceed the amount that you paid to us in respect of the Product.
34. To the extent permitted by law and except for liability in relation to any Non-excludable Condition, you agree that none of Weisshorn, our related entities nor any of their respective directors, officers, employees, contractors or agents (Employees) will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Site, the Services, the Products, the Content or any omissions from the Content.
35. Except for liability in relation to any Non-excludable Condition, the Weisshorn Site is provided on an “as is” and “as available” basis, and without any warranty or condition, express or implied.
36. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
37. To the extent permitted by law, Weisshorn, Weisshorn related entities, or any of their Employees make no representation or warranty:
. as to the accuracy, legality, suitability or reliability of the information contained in the Content; or
a. that the Services will be uninterrupted, without delay, error-free or omission-free.
Indemnification
38. You agree to indemnify, defend, and hold harmless Weisshorn, its officers, directors, employees, agents, licensors and suppliers (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from:
a. your violation of these Terms of Use;
b. your violation of any law or rights of a third party;
c. any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Site account; and
d. any legal proceedings or any claim made against the Service Providers by a third party, which arises directly or indirectly by you in breach of the Terms of Use.
We are not responsible for websites we link to
39. If the Site contains hyperlinks to third party websites not operated by us, we make no warranty or representation about the accuracy of the information on those third party websites, nor are we in any way responsible for any linked content on any third party website.
40. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
We are not responsible for viruses
41. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
Rules about linking to our Site
42. You may link to our home page with our express consent, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the standards set out in these terms.
43. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
44. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
45. We reserve the right to withdraw linking permission without notice.
46. If you wish to link to or make any use of content on our Site other than that set out above, please contact us via the Contact Us form on the Site.
Dispute resolution
47. If you have a complaint about the Site, please contact us via the Contact Us form on the Site, and we will endeavour to resolve it.
General
48. If any of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
49. If we do not take steps in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by us of our right to act with respect to that breach, or in respect of any subsequent or similar breaches.
50. The Terms of Use are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.
Amendment
51. We may change or discontinue any aspect of the Service or modify the Terms of Use at any time and will provide appropriate notice if the change has a materially adverse impact.
52. We otherwise reserve the right to amend the Terms of Use at any time without notice. You should check the Terms of Use regularly. Continued use of the Site will be deemed to constitute your acceptance of the updated Terms of Use.
Last updated: 26 August 2022
