Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Cookie and our Privacy Policy, govern Click n Collect’s relationship with you in relation to your use of this website. The information contained in this website is for general information purposes only. By using this website, you signify your acceptance of these terms and conditions of use.
For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Click n Collect and “You” and “Your” refers to you, the client, visitor, website user or person using this website.
For the purposes of this Agreement, the term “You” or “Your” shall include any Related Body Corporate and the term Click n Collect shall mean Click n Collect Pty. Ltd. (ABN 20612419806), with corporate offices located at 29-35 Wellington Street, North Hobart, TAS 7000, Australia or any one of its subsidiaries or affiliated companies.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using this website to ensure You are aware of any changes. We will endeavour to highlight any significant or substantive changes to You where possible. If You choose to use this website then We will regard that use as conclusive evidence of Your agreement and acceptance that these terms govern Your and Click n Collect’s rights and obligations to each other.
Limitation of Liability
It is an essential pre-condition to You using this website that You agree and accept that Click n Collect is not legally responsible for any loss or damage You might suffer related to Your use of this website, whether from errors or from omissions in Our documents or information, any goods or services We may offer or from any other use of this website. This includes Your use or reliance on any third party content, links, comments or advertisements.
Your use of, or reliance on, any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Links to other Websites
Click n Collect may from time to time provide on this website, links to other websites which are not under control of Click n Collect. We have no control over the nature, content and availability of those other websites, nor do We necessarily recommend or endorse the views expressed within them. The links to other websites do not necessarily imply sponsorship, endorsement, recommendation, approval or arrangement between Click n Collect and the owners of those linked websites.
Click n Collect takes no responsibility for any of the content found on the linked websites. We are making ‘recommendations’ for links to other websites only and are not providing any advice nor do We take any responsibility for any advice received via linked websites. Any information and advertisements on those linked websites are for Your convenience only.
Click n Collect’s website may contain information, advice or advertisements provided by third parties for which Click n Collect accepts no responsibility whatsoever.
Disclaimer
To the fullest extent permitted by law, Click n Collect absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Click n Collect gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that this website or its server is free of viruses or any other harmful components.
We make every effort to keep this website up and running smoothly. However Click n Collect takes no responsibility for, and will not be liable for, this website being temporarily unavailable due to technical issues beyond Our control.
Whilst We, at all times endeavour to have the most accurate, reliable and up-to-date information on this website, We do not warrant or make any representations of any kind, express or implied, regarding the use or the result of the use of any document, product, service, related graphics, links or information contained on this website for any reason or as to their completeness, correctness, suitability, accuracy, reliability, availability or otherwise. Any reliance You place on such information is therefore strictly at Your own risk.
You need to make Your own enquiries to determine if the information, goods or services are appropriate for Your intended use. In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. It is Your sole responsibility and not the responsibility of Click n Collect to bear any and all costs of servicing, repairs, or corrections.
The applicable law in Your country, state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to You but You must ensure You are aware of any risk You may be taking by using this website or any products or services that may be offered through it. It is Your responsibility to do so.
Your Privacy
At Click n Collect, We are committed to protecting Your privacy. We use the information We collect about You to maximize the services that We provide to You. Click n Collect respects the privacy and confidentiality of the information provided by You and adheres to the Australian Privacy Principles. Please read Our separate Privacy Policy carefully.
You may change Your details at any time by advising Us in writing via email. All information We receive from Our customers, is protected by Our secure servers. Click n Collect’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Click n Collect collects is secured against unauthorized use or access.
Third Parties
Click n Collect does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to Your name, Your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, We may use the information that You provide to improve this website and its services but not for any other use.
Disclose Your Information
Click n Collect may be required, in certain circumstances, to disclose information in good faith and where Click n Collect is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of Our customer agreements; or to protect the rights, property or safety of Our customers or third parties.
Exclusion of Competitors
If You are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then You are a competitor of Click n Collect. Click n Collect expressly excludes and does not permit You to use or access this website, to download any documents or information from this website or obtain any such documents or information through a third party.
If You breach this term then Click n Collect will hold You fully responsible for any loss that We may sustain and further hold You accountable for all profits that You might make from such unpermitted and improper use. Click n Collect reserves the right to exclude and deny any person access to this website, services or information in Our sole discretion.
Copyright, Trademark and Restrictions of Use
This website and its contents contains material which is owned by or licensed to Us and all rights are reserved. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, graphics and copyright. You are not permitted to reproduce the documents, information or materials on this website for the purposes of sale or the use by any third party.
In particular You are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Click n Collect expressly reserves all copyright and trademark in all documents, information and materials on this website and We reserve the right to take action against You if You breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for Your personal and non-commercial use only;
- You may copy the content to individual third parties for their personal use, but only if You acknowledge this website as the source of the material.
You may not, except with Our express written permission, distribute or commercially exploit the content. Nor may You transmit it or store it in any other website or other form of electronic retrieval system.
Whole Agreement
These terms and conditions represent the whole agreement between You and Click n Collect concerning Your use and access to Click n Collect’s website and Your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any Country, State or Territory then such a clause shall not apply in that Country, State or Territory and shall be deemed never to have been included in these terms and conditions in that Country, State or Territory.
Such a clause if legal and enforceable in any other Country, State or Territory shall continue to be fully enforceable and part of this agreement in those other Countries, States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Governing Law
This agreement and this website are construed and enforced under the laws of the State of Victoria in Australia and each Party expressly and unconditionally submits to the exclusive jurisdiction of the courts of Australia except that Click n Collect may seek to enforce any judgment anywhere in the world where You may have assets.
Subject to the requirement for mediation, any dispute shall be heard in a court of competent jurisdiction located in Victoria, Australia to whose exclusive jurisdiction both parties submit themselves.
You irrevocably agree that a judgment or order of any court referred to in this clause is conclusive and binding upon You and may be enforced against You in the courts of any other jurisdiction. Each Party agrees that it will not bring a claim under this agreement more than two (2) years after the event giving rise to the claim occurred.
You acknowledge and agree that notwithstanding the fact that this agreement is governed by the laws of the state Victoria in Australia, You may be subject to additional laws in other jurisdictions with respect to Your use of this website. You will comply with the laws of any jurisdiction that apply to this website.
Representations
Each Party represents and warrants that it has full power and authority to enter into this agreement. Each Party acknowledges that they have not relied on any representations, warranty, premise, forecast or statement made by the other Party in deciding to enter into this agreement.