Terms and Conditions
WEBSITE TERMS & CONDITIONS
1. IN GENERAL
The use of and access to this website and the products and services available through it are subject to the following terms, conditions and notices (the ‘Terms of Service’). By using the services, you are agreeing to the Terms of Service, which may be updated by us intermittently with no warning. This page should be reviewed often in case of alterations made to the Terms of Service. Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services with no warning. We will not be liable if for any reason this website is unavailable for any period of time. All or parts of this website may be removed or restricted with no prior warning.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, offensive; hack into any aspect of the service; corrupt data; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material (‘spam’), or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, software or data due to your use of this website or to your downloading of any of its material.
4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this website remain the property of NUAN Pty. Ltd. and NUAN Cashmere Ltd. and are protected by copyright laws and treaties around the world. All such rights are reserved by NUAN Pty. Ltd. and NUAN Cashmere Ltd. You may use this website strictly for personal use only. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appear on this website, nor may you use any such content in connection with any business or commercial enterprise.
5. TERMS OF SALE
By placing an order you are offering to purchase a product subject to the following Terms and Conditions: all orders are subject to availability and confirmation of the order price; dispatch times may vary according to availability, and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. In order to contract with NUAN Pty. Ltd. and NUAN Cashmere Ltd you must be over 18 years of age and possess a valid credit or debit card issued by an accepted bank. NUAN Pty. Ltd. and NUAN Cashmere Ltd retain the right to refuse any request made by you.
6. OUR CONTRACT
When you place an order, you will receive a confirmation e-mail with a receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Unless otherwise provided for in these Terms and Conditions, you may not change your order after its placement. Please ensure all details provided are full and correct at the time of order placement. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
7. PRICING & AVAILABILITY
Details, descriptions and prices on this website may have errors. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. We reserve the right to refuse to fill any orders that you may place based on information on the service that may contain errors or inaccuracies.
At the time of receiving your order a standard pre-authorisation check on your payment card will be completed to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted. We may from time to time offer promotional discount codes which may apply in respect to purchases.
9. DISCLAIMER OF LIABILITY
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law NUAN Pty. Ltd., NUAN Cashmere Ltd its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to good will or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect NUAN Pty. Ltd’s and NUAN Cashmere Ltd’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. NUAN Pty. Ltd. is located in Australia.
10. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link which suggests any form of association unless agreed to previously by NUAN Pty. Ltd and NUAN Cashmere Ltd.
You agree to indemnify, defend and hold harmless NUAN Pty. Ltd. and NUAN Cashmere Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
If you have any complaints or comments contact us at firstname.lastname@example.org. We will address your complaint within three business days.
If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by NUAN Pty Ltd or NUAN Cashmere Ltd.