These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact us.
The products on the Web Site are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Information which you provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by emailing [email protected]. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a PayPalâ€™s server and we will fully comply with all applicable Australian Data Protection and consumer legislation from time to time in place. When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, product selections, credit card or other payment information.
We confirm that any Personal Information which you provide to us is used to process your order and to inform you of other services.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
TRADE MARK INFORMATION
The ClicknHeat.com.au name and trade marks, including the distinctive slogans and logos, that appear at the Web Site are trade marks of ClicknHeat.com.au or other third parties. You agree not to display or use or link to the trade marks in any manner without prior permission from ClicknHeat.com.au or the relevant third party owner.
ClicknHeat.com.au reserves the right to change the terms, conditions, and notices under which the ClicknHeat.com.au Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the ClicknHeat.com.au Web Site. Your continued use of the ClicknHeat.com.au Web Site constitutes your agreement to all such terms, conditions, and notices.
ClicknHeat.com.au may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. As we use PayPal, you will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send you an order confirmation email detailing the products you have ordered.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock; Our inability to obtain authorization for your payment; The identification of a pricing or product description error; and/or You not meeting the eligibility to order criteria set out in the main Terms & Conditions. The contract will be concluded in English.
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right before receiving the email notification that credit card payment has been successful. If you wish to exercise your right to cancel this contract after your payment has been made, please follow the procedure set out in our Returns procedure.
Returns / Exchanges / Refunds Policy
We are sure youâ€™ll be delighted with your purchase, however if for any reason you are not completely satisfied you can return any item purchased from this website to us provided it is in a fully resalable condition within 7 days of receipt.
To return an item, please email [email protected] who will provide you with a returns item number. Please remember to advise us whether you want an exchange or a refund.
We recommend returns are sent back by recorded delivery as ClicknHeat.com.au cannot be held responsible for lost returns. Always retain proof of posting.
All merchandise must be returned at your cost in good condition in original packaging within 7 days to receive credit to your credit card.
Description of Products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product.
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitorâ€™s display of any colour will be accurate.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
General Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an â€œas isâ€ and â€œas availableâ€ basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. SeveranceIf any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.
LINKS TO THIRD PARTY SITES OR SERVICES
This site contains links to sites of third parties. Those sites are not under the control of ClicknHeat.com.au and ClicknHeat.com.au is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by ClicknHeat.com.au. Any link by you to a third partyâ€™s site is done at your own risk.
ClicknHeat.com.au is not responsible for webcasting or any other form of transmission received from any linked site.
This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and ClicknHeat.com.au does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered.
ClicknHeat.com.au does not endorse any offers made by any third parties and ClicknHeat.com.au is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
LEGAL DISCLAIMER REGARDING INFORMATION ON THIS WEBSITE
IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 000 OR YOUR PHYSICIAN
This site is not designed to and does not provide any medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. You shall not make any medÂical or health-related deciÂsion based in whole or in part on anyÂthing conÂtained in the Site. You should not rely on any inforÂmaÂtion conÂtained in the Site and related mateÂriÂals in makÂing medÂical, health-related or other deciÂsions. You should conÂsult a licensed physiÂcian or appropriately-credentialed health care worker in your comÂmuÂnity in all matÂters relatÂing to your health. Any information contained in this website is not of advisory nature and not to replace the serÂvices of a trained physiÂcian or health care proÂfesÂsional, or othÂerÂwise to be a subÂstiÂtute for proÂfesÂsional medÂical advice, diagÂnoÂsis, or treatment.
The Principal author proÂvides the Site and any serÂvices, inforÂmaÂtion, opinions, conÂtent, refÂerÂences and links to other knowlÂedge resources (colÂlecÂtively, â€œConÂtentâ€) for inforÂmaÂtional purÂposes only. The Author does not proÂvide any medÂical advice on the Site.
AccessÂing, readÂing or othÂerÂwise using the Site does not creÂate a physician-patient relaÂtionÂship between you and the Principal author.
NothÂing conÂtained in the Site is intended to estabÂlish or replace a physician-patient relaÂtionÂship, or to replace the serÂvices of a trained physiÂcian or health care proÂfesÂsional, or othÂerÂwise to be a subÂstiÂtute for proÂfesÂsional medÂical advice, diagÂnoÂsis, or treatment.
By using the website you hereby agree that you shall not make any medÂical or health-related deciÂsion based in whole or in part on anyÂthing conÂtained in the Site. You should not rely on any inforÂmaÂtion conÂtained in the Site and related mateÂriÂals in makÂing medÂical, health-related or other deciÂsions. You should conÂsult a licensed physiÂcian or appropriately-credentialed health care worker in your comÂmuÂnity in all matÂters relatÂing to your health.
DISCLAIMER REGARDING SITE CONTENT AND RELATED MATERIALS
Information changes constantly. Therefore the information on this Site or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this Site or any linked websites is solely at your own risk.
The ConÂtent may be changed withÂout notice and is not guarÂanÂteed to be comÂplete, corÂrect, timely, curÂrent or up-to-date. SimÂiÂlar to any printed mateÂriÂals, the ConÂtent may become out-of-date. The Author underÂtakes no obligÂaÂtion to update any ConÂtent on the Site. The Principal author may update the ConÂtent at any time withÂout notice, based on the Principal authorâ€™s sole and absolute disÂcreÂtion. The Principal author reserves the right to make alterÂations or deleÂtions to the ConÂtent at any time withÂout notice.
OpinÂions expressed in the Site are not necÂesÂsarÂily those of the Principal author or team. Any opinÂions of the Principal author have been conÂsidÂered in the conÂtext of cerÂtain conÂdiÂtions and subÂject to assumpÂtions that canÂnot necÂesÂsarÂily be applied to an indiÂvidÂual case or parÂticÂuÂlar cirÂcumÂstance. The ConÂtent may not and should not be used or relied upon for any other purÂpose, includÂing, but not limÂited to, use in or in conÂnecÂtion with any legal proceeding
DISCLAIMER OF ALL WARRANTIES
ConÂtent made availÂable at the Site is proÂvided on an â€œas isâ€ and â€œas availÂableâ€ basis withÂout warÂranties of any kind, either express or implied. Under no cirÂcumÂstances, as a result of your use of the Site, will the Principal author be liable to you or to any other perÂson for any direct, indiÂrect, inciÂdenÂtal, conÂseÂquenÂtial, speÂcial, exemÂplary or other damÂages under any legal theÂory, includÂing, withÂout limÂiÂtaÂtion, tort, conÂtract, strict liaÂbilÂity or othÂerÂwise, even if advised of the posÂsiÂbilÂity of such damages.
The Site is intended for perÂsons eighÂteen (18) years or older. PerÂsons under the age of eighÂteen (18) should not access, use and/or browse the Site.