TERMS OF USE OF WEB SITE
1. Introduction and Acceptance of Terms of Use
ILID PHONE CASE PTY. LTD A.C.N. 153 700 773 (“iLID”) offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which iLID may update at any time without notice. You may not use the Materials and may not accept these Terms of Use if you are not legal age to form a binding contract with iLID and/or you are a person barred from accessing the Material under the laws of Australia or other countries including the country in which you are resident or from which you use the Materials. If you may not use the Materials and/or may not accept these Terms of Use and/or do not accept these Terms of Use, you must immediate discontinuing using the Materials. Before each use of the Materials, you should visit this page to review the then-current Terms of Use. Please note that iLID may, at its sole discretion, terminate your permitted use of the Materials and your access to this web site at any time without notice.
Before you continue reading these Terms of Use, you should print off and save a local copy for your records.
2. Language of Terms of Use
iLID is under no obligation to provide a copy of these Terms of Use in a language other than English and in the event that you translate these Terms of Use into a language other than English then you do so at your own risk.
3. Change to Materials
You agree and acknowledge that iLID may at its sole discretion change the Materials from time to time and without notice to you.
4. Removal of Materials
You agree and acknowledge that iLID may at its sole discretion stop offering the Materials or making the Materials available at any time and without notice to you.
5. Blocking access to Materials
You agree and acknowledge that iLID may at its sole discretion stop you from accessing or using the Materials without notice to you.
6. Access to Materials
You agree not to access (or attempt to access) the Materials except through the means provided by iLID.
You agree that you will not do anything or cause anything to be done which would interfere with or disrupt access to the Materials by anyone, including you.
7. Limited Right to Use
This web site is owned and operated by iLID. Unless otherwise specified, all Materials on this web site are the property of iLID and are protected by the copyright laws of Australia and throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by iLID on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from iLID. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
8. Communications
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to iLID ("Feedback") will be deemed, at the time of communication to iLID, the property of iLID, and iLID shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual property or privacy rights.
You agree to be bound by and acknowledge the Privacy Policy.
9. Access to Password Protected or Secured Areas
Access to and use of password protected or secured areas of this web site is restricted to authorised users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site. Where you are able to select a password, you agree not to choose a password that you have used before and you agree not to choose a password based on words ordinarily found within a dictionary of any language, including without limitation English, French and Spanish.
If you become aware of any unauthorised access to and/or use of password protected or secured areas of this website, you must notify iLID immediately.
10. Monitoring
Although iLID is not obligated to do so, it will have the right to review your access and/or communications on this web site to determine whether you comply with our Terms of Use. iLID will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. iLID will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.
11. Links to Other Sites
All linked sites are not under the control of iLID. iLID is not responsible for the content of any linked site or any link contained in a linked site. iLID reserves the right to terminate any link at any time. iLID may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. iLID DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
12. Trademarks
The trademarks, service marks and logos of iLID and of others used in this web site ("Trademarks") are the property of iLID and/or their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of iLID or the respective owner.
To avoid any doubt, this clause limits your limited rights of use of the Materials and the web site.
13. Graphical Representations
Images of products depicted throughout this web site may be digital reproductions or otherwise altered representations of actual products. Although great care is taken to ensure faithfulness, iLID does not guarantee the accuracy of these depictions. As such, products may not be exactly as shown. Actual, unedited photographs of any product displayed on this web site are available upon request, however, iLID reserves the right to refuse to comply with such requests.
14. Termination
You agree that iLID may, under certain circumstances and without prior notice, immediately terminate your iLID account, any associated email address, and access to this web site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to this web site (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your iLID account includes (a) removal of access to all offerings within this web site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of this web site. Further, you agree that all terminations for cause shall be made in iLID’s sole discretion and that iLID shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to this web site.
15. Indemnity
You agree to indemnify, defend and hold iLID harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
16. Limitation of Liability
YOU AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK AND THAT THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
YOU ACKNOWLEDGE THAT iLID DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXCEPT AS REQUIRED BY LAW, WITH RESPECT TO THE MATERIALS.
YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE LOSS OF DATA THAT THE RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU AGREE THAT NO ADVICE OR INFORMATION ON WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM iLID OR THROUGH OR FROM THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TERMS.
FURTHER, iLID EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
FURTHER, AND IN ADDITION TO ANY OTHER EXCLUSION OR LIMITATION PROVIDED HEREIN, IN NO EVENT SHALL iLID OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL OR BUSINESS REPUTATION, COSTS OF REPLACEMENT OR SUBSTITUTED GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF iLID, ITS RELATED PARTIES, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SIMILAR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Consequential damages as referred to in the aforesaid includes without limitation expenses arising from the loss or damage suffered, loss of profit, loss of belongings, loss of property, loss of money, damage to other property belonging to you or third parties, expenses arising from the recoupment and/or reinstatement of lost property or money, loss of identity, fraud and similar.
17. Disclaimer
iLID assumes no responsibility for accuracy, correctness, timeliness of the content provided on this web site. You should not assume that the content on this web site are continuously updated or otherwise contain current information. iLID is not responsible for supplying content or Materials from the web site that has expired or has been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED to the extent permitted by law.
18. General
If you have any questions regarding the Terms of Use, please contact iLID via our Contact page but if they are of a legal nature, please obtain your own legal advice.
These Terms of Use together with the Privacy Policy constitute the whole agreement between iLID and you with regards to your use of the Materials and completely replace any prior agreements between iLID and you in connection with the Materials.
You agree that iLID may provide you with notices by e-mail, regular mail, or postings within the Materials.
You agree that if iLID does not exercise or enforce any legal right or remedy which is contained in terms of use (or which iLID has the benefit of under any law), such conduct will not be taken to be a waiver of iLID’s rights and that those rights will still be available to iLID.
If any court of law, having jurisdiction to decide on these Terms of Use, holds that any provision of these Terms of Use is valid then that said provision will be removed from the Terms of Use without affecting the remainder of the Terms of Use. The remaining provisions and Terms of Use will continue to be valid and enforceable.
You agree and acknowledge that persons related to iLID, including without limitation related persons, parent companies, subsidiaries and affiliates, may rely upon these Terms of Use and may directly enforce any provision of the terms of use which confers a benefit on them or one of the aforesaid persons.
These Terms of Use, and your relationship with iLID under these Terms of Use, shall be governed by the laws of the State of Victoria in Australia without regard to any rules governing conflicts of laws. You agree to submit to the exclusive jurisdiction of the courts located within the state of Victoria in Australia to resolve any legal matter arising from these Terms of Use. Notwithstanding the aforesaid, you agree that iLID shall still be allowed to seek relief from any court and/or tribunal in any jurisdiction.
Last updated 16 December 2011TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS BEFORE PLACING ANY ORDER AND/OR MAKING ANY OFFER TO PURCHASE ANY ADVERTISED PRODUCT FOR SALE BY iLID ON THE WEB SITE.
These Terms and Conditions of Sale (“Terms”) apply to your purchase from ILID PHONE CASE PTY. LTD A.C.N. 153 700 773 (“iLID”) via this web site. You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for any products advertised on this web site. You agree to be bound by and accept these terms and conditions.
These Terms are in addition to Sale, Shipping & Returns terms and conditions and are to be read together. If there is any inconsistency between the two, the former will prevail.
1. Placing an Order
Information contained on this Web site constitutes an invitation to treat. No information on this Website constitutes an offer by iLID to supply any products described on the web site.
By placing an order via this web site, or any third party authorised by iLID, you make an offer to purchase the product you ordered and that such order is subject to these terms and conditions. iLID, at its absolute discretion, may or may not accept the your offer.
Upon receipt of your order, iLID will verify the availability of the products ordered and your payment details, including without limitation your credit card details. At this stage, iLID has not accepted your offer and is not obliged to supply the product ordered until iLID has shipped the product ordered by you and sent an order confirmation to you by email.
2. Supply of Product
Subject to these Terms, iLID may agree to supply you with the product as specified in your order form as submitted to iLID via this web site.
The pictures showing the products on this web site may not be identical to the products as shipped to you. iLID shall have the right to supply products which do not correspond to the pictures appearing in this web site, provided that the said product perform substantially the same function as described in this web site.
iLID shall have the right to make substitutions and modifications of the specification of the product ordered by you, provided that such substitutions or modifications will not materially affect the overall performance of the product or the type of product ordered by you.
3. Price and Payment
Pricing of products advertised on the web site shall be the price as stipulated on this web site at the time when you place an order with iLID.
All prices shall be stated in Australian Dollars.
Payment for the product ordered by you and all shipping charges must be received in full from you before iLID ships the product ordered by you.
iLID will take all reasonable precautions to keep your order and your details secure but iLID is not liable for any losses, damages (whether exemplary, special, direct, indirect or consequential), costs, expenses or similar caused as a result of or incidential to any unauthorised access to the aforesaid information or part thereof.
Consequential damages as referred to in the aforesaid includes without limitation expenses arising from the loss or damage suffered, loss of profit, loss of belongings, loss of property, loss of money, damage to other property belonging to you or third parties, expenses arising from the recoupment and/or reinstatement of lost property or money, loss of identity, fraud and similar.
4. Delivery
iLID will arrange the products to be delivered to the delivery address provided by you. iLID will use its discretion in selecting a carrier (including persons that are not common carriers) and appropriate means of delivery.
Risk of loss and damage of products ordered by you passes to you on the date when the products are dispatched by iLID to the carrier as selected by iLID.
If an order shipment is undeliverable, the products ordered by you will be returned to iLID at your expense, as stock available for sale to other customers. The returned products can be sold to other customers and the iLID shall have no obligation to reserve or re-deliver the returned products to you.
5. Changes
iLID reserves the right to change the Terms and Conditions of Sale from time to time without notice to you.
6. Force Majeure
iLID shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control or beyond the reasonable control of iLID.
7. Availability of products
Quantities are subject to availability. In the event of shortage, iLID may allocate sales and deliveries at its sole discretion.
8. Liability
All products provided in connection with this web site are on an “as is” and “as available” basis. Except as otherwise expressly agreed, iLID makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to quality or suitability. You have a right to inspect the goods before making an offer to purchase the products advertised on the web site upon making a reasonable request with iLID.
To the full extent permissible by applicable law, iLID disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability and fitness for a particular purpose.
You acknowledge and agree that iLID shall not be liable to you or any third party in respect of the use of the product supplied by iLID and you agree and undertake to indemnify and hold harmless iLID against any costs, losses or damages (whether direct, indirect, special, exemplary, additional or consequential and including damages arising out of negligence, tort, breach of contract or any other theory) and expenses incurred by iLID as a result of claims by third parties against iLID arising out of, incidental to or involving the use of the product supplied by iLID. Consequential damages as referred to in the aforesaid includes without limitation expenses arising from the loss or damage suffered, loss of profit, loss of belongings, loss of property, loss of money, damage to other property belonging to you or third parties, expenses arising from the recoupment and/or reinstatement of lost property or money, loss of identity, fraud and similar.
9. General
If you have any questions regarding the Terms of Use,
please contact iLID via our Contact page
but if they are of a legal nature, please obtain your own legal advice.
These Terms and any other documents referred to in these Terms supersede all prior representations understandings and agreements between the iLID and you relating to the sale and purchase of any product ordered by you from the web site.
You agree that iLID may provide you with notices by e-mail, regular mail, or postings on the web site.
You agree that if iLID does not exercise or enforce any legal right or remedy which is contained in terms of use (or which iLID has the benefit of under any law), such conduct will not be taken to be a waiver of iLID’s rights and that those rights will still be available to iLID.
If any court of law, having jurisdiction to decide on these Terms of Use, holds that any provision of these Terms of Use is valid then that said provision will be removed from the Terms of Use without affecting the remainder of the Terms of Use. The remaining provisions and Terms of Use will continue to be valid and enforceable.
You agree and acknowledge that persons related to iLID, including without limitation related persons, parent companies, subsidiaries and affiliates, may rely upon these Terms of Use and may directly enforce any provision of the terms of use which confers a benefit on them or one of the aforesaid persons.
These Terms of Use, and your relationship with iLID under these Terms of Use, shall be governed by the laws of the State of Victoria in Australia without regard to any rules governing conflicts of laws. You agree to submit to the exclusive jurisdiction of the courts located within the state of Victoria in Australia to resolve any legal matter arising from these Terms of Use. Notwithstanding the aforesaid, you agree that iLID shall still be allowed to seek relief from any court and/or tribunal in any jurisdiction.
Last updated 16 December 2011
