These Terms and Conditions govern the
use of undergroundelite.com.au ("the website") and the purchase of
any goods or services from it. If you need more assistance you can always
contact us on 041-971-8251 between 8.30am – 5.30pm AEST Monday to Friday
(excluding public holidays), or email us at the address above.
Acknowledgment and acceptance of
Terms and Conditions
Please note that by accessing, using
or browsing this website you agree to be bound by its terms, conditions,
disclaimers and limitations of liability ("Terms and Conditions").
Underground Elite reserves the right to amend or update such terms, conditions,
disclaimers and limitations of liability at any time without providing notice
to you. By using the website, you acknowledge that you have read and understood
these Terms and Conditions.
Limitation of Liability
Any liability of Underground Elite or
Underground Elite's Associates in connection with goods or services supplied to
you will, subject to any non-excludable liability for breach of conditions or
warranties implied by legislation and to the maximum extent permitted by law,
at the election of Underground Elite be limited to: 1. in relation to goods,
the replacement or repair of the goods, the supply of equivalent goods, the
payment of the cost of replacing or repairing the goods or the payment of the
cost of obtaining equivalent goods; and 2. in relation to services, the
supplying of the services again or the payment of the cost of having the
services supplied again.
Disclaimer
The information contained on the
website is provided by Underground Elite in good faith. To the best of
Underground Elite's knowledge, the information is accurate and current.
However, Underground Elite and its related bodies corporate, any of their
directors, officers, employees, consultants or shareholders ("Underground
Elite's Associates") do not make any representation or warranty as to the
accuracy or completeness of the information. To the fullest extent permitted by
applicable law, Underground Elite disclaims all representations and warranties,
express or implied, including but not limited to implied warranties of
merchantability and fitness for a particular purpose and non-infringement.
Underground Elite makes no warranty that this website, any information or ideas
contained on this website or any products or services will meet your
requirements. You expressly acknowledge and agree that Underground Elite does
not control other users of this website, the providers of information or ideas
to this website or the suppliers of goods and services purchased from this
website, and Underground Elite is therefore not liable for their opinions or
their behaviour, including any information or advice provided by them or any
defamatory statements made by them or any offensive conduct on their part. You
further acknowledge and agree that, subject to the section dealing with
"Limitation of Liability", Underground Elite will not be liable to
you or any other person for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to damages for
product liability, personal injury or negligence resulting from use of goods or
services supplied to you, or on behalf of you, through the website.
Copyright
Copyright in the
undergroundelite.com.au website is property of Underground Elite and
associates. Material on this website also comprises copyright material,
trademarks and registered trademarks which are the property of Underground
Elite and third parties. This property may only be used for the purposes of
browsing the undergroundelite.com.au website and acquiring goods and services
of undergroundelite.com.au.
Applicable Law
These Terms and Conditions are
governed by the laws in force in Queensland, Australia and you irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts of
Queensland, Australia and any courts, which may hear appeals from those courts.
Privacy
We treat all customer information in
accordance with our Privacy Statement. Our Privacy Statement constitutes part
of these Terms and Conditions. See Privacy Statement for further details.
Product Information
Prices of goods and services and
delivery and other charges displayed on the undergroundelite.com.au website are
current at the time of display. These prices are subject to variation without
notice. We will always attempt to be as accurate as possible with our product
descriptions and pricing. However, we are unable to warrant that product
descriptions or other content of the website is accurate, complete, reliable, current
or error free.
Release and Indemnity
You agree to
waive any and all claims that you now have or may have in the future against
Underground Elite and Underground Elite's Associates which relate to or are
incidental to any transaction. You agree to indemnify and hold Underground
Elite harmless from and against any and all claims, loss or expense that may be
incurred by Underground Elite or Underground Elite's Associates which relate to
or are incidental to the performance of its duties as described in these Terms
and Conditions including all costs of defending itself against a claim by any
other person and/or as a result of you taking any action or refraining from
taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Underground Elite and Underground
Elite‘s Associates harmless from any claim made by any third party due to or
arising out of your use of this website, the violation of these Terms and
Conditions by you, or the infringement by you, or other users of this website
using your membership account, of any intellectual property or other right of
any person or entity.
