Welcome to Alluvium. Alluvium provides services to you subject to
the following Terms of Use (TOU), which may be amended by us from time
to time with no notice to you. When using any Alluvium service you are
also subject to any rules or guidelines which may be posted, or emailed
from time to time. All such rules or guidelines are hereby incorporated
by reference into the Terms of Use. Your continued use of Alluvium
constitutes an affirmative, acknowledgment and agreement by you that
you accept and agree to abide and be bound by these Terms of Use and
any amendments. This agreement will be governed by and construed in
accordance with the laws of Victoria, Australia. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the courts
of Victoria. If any provision of this agreement is found to be invalid
or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the agreement which will continue in
full force and effect.
Accuracy of Information
All
material on Alluvium is provided in good faith. It is derived from
sources believed to be accurate and current as at the date of
publication. Your use of Alluvium is at your sole risk. Access to
Alluvium is provided on an 'as available' basis. Neither Alluvium its
related bodies corporate nor its or their directors or employees make
any representation or warranty that (i) any material on Alluvium will
be reliable, accurate or complete (nor do they accept any
responsibility arising in any way for errors in, or omissions from that
material); or (ii) your access to Alluvium will be uninterrupted,
timely or secure. Alluvium will not be liable for loss resulting from
any action or decision by you in reliance on the information on
Alluvium, nor any interruption, delay in operation or transmission,
virus, communications failure, Internet access difficulties, or
malfunction in equipment or software.
Product Descriptions
Alluvium
and its affiliates attempt to be as accurate as possible. However,
Alluvium does not warrant that product descriptions are accurate,
complete, reliable, current, or error-free. If a product offered by
Alluvium itself is not as described, your sole remedy is to return it
in unused condition.
Limitation of Liability
The
Trade Practices Act and similar state and territory Legislation in
Australia may confer rights and remedies on you in relation to the
provision by Alluvium of goods or services on the web site which cannot
be excluded, restricted or modified ("Non-excludable Rights"). Alluvium
does not exclude any Non-excludable Rights but does exclude all other
conditions and warranties implied by custom, law or statute.
Except
as provided for by the Non-excludable Rights: a) all Content is
provided "as is" and without warranties of any kind, either express or
implied, b) Alluvium and its suppliers expressly disclaim all
warranties of any kind, including but not limited to implied warranties
of merchantability and fitness for a particular purpose, c) Alluvium
does not warrant that the functions contained in any Content or any
Communications Facility or your access to the web site will be
uninterrupted or error-free, that any defects will be corrected or that
the web site or the server which stores and transmits Content to you
are free of viruses or any other harmful components, d) Alluvium does
not warrant or make any representation regarding your access to, or the
results of your access to, the web site (including any related or
linked web sites) or any Content in terms of correctness, accuracy,
timeliness, completeness, reliability or otherwise, and e) you (and not
Alluvium) assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant Content.
Under
no circumstances (including but not limited to any act or omission on
the part of Alluvium) will Alluvium or its affiliates be liable for any
indirect, incidental, special and/or consequential damages or loss of
profits whatsoever which result from any use or access of, or any
inability to use or access, the web site or any Content. You expressly
acknowledge and agree that Alluvium does not exert control over users
of the web site (including individuals referred to on the web site as
guests and experts) and is not liable either for their opinions or
their behaviour, including any information and/or advice and any
defamatory statements or offensive conduct.
To the fullest
extent permitted by law, Alluvium‘s liability for breach of any implied
warranty or condition which cannot be excluded is limited at the option
of Alluvium to the following:
in the case of services
supplied or offered by Alluvium, (a) the supply of the services again,
or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Alluvium, (c) the
replacement of the goods or the supply of equivalent goods, (d) the
repair of such goods, (e) the payment of the cost of replacing the
goods or acquiring equivalent goods, or (f) the payment of the cost of
having the goods repaired.
Applicable law
These
conditions and all other specific and additional terms which govern
your use of and access to Alluvium will be governed by and construed in
accordance with the laws of the state of Victoria, Australia.
Copyright
The
material provided on Alluvium is copyright protected. You may use this
material for your own personal reference only. Except for the temporary
copy held in the computer's cache and a single permanent copy for your
personal reference, the material may not otherwise be used, copied,
reproduced, published, stored in a retrieval system, altered or
transmitted in any form or by any means in whole or part (except where
such use constitutes fair dealing under the Copyright Act) without the
prior written approval of Alluvium or the appropriate supplier or
licensor of Alluvium.
You may not use any part of the
material on Alluvium to establish, maintain or provide, or assist in
establishing, maintaining or providing your own publications, Internet
site or other means of distribution.
All software used on
this web site is the property of Alluvium or its software suppliers and
is protected by Australian and international copyright laws.
Trademarks
The
Alluvium logo and the logos of the Alluvium products are registered
trademarks of Alluvium or its related companies. Other trademarks may
be displayed on Alluvium from time to time. These may belong to third
parties. Nothing displayed on Alluvium should be construed as granting
any licence or right of use of any logo or trademark displayed on a web
site, without the express written permission of the relevant owner.
Your Account, Membership and/or Registration
In
consideration of your use of the web site, you agree to: provide true,
accurate, current and complete information about yourself as prompted
by the web site’s registration form (such information being the
"Registration Data"); and maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
In
particular to register, you must provide your real name and email
address. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Alluvium has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Alluvium has the right to suspend or terminate your account and refuse
any and all current or future use of the web site (or any portion
thereof).
If you use this web site, you are responsible for
maintaining the confidentiality of your Registration Data and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or
password.
Electronic Communications and Your Conduct
When
you visit Alluvium or send email to us, you are communicating with us
electronically. You also consent to receive communications from us
electronically. We will communicate with you by email or by posting
notices on this web site. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing.
The Alluvium may contain communication
facilities which provide for feedback by users to Alluvium and other
electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your
access to Alluvium that you do not do any of the following:
• restrict or inhibit any other user from using or enjoying any Communication Facility;
• post or transmit any unlawful, threatening, abusive, defamatory,
obscene, vulgar, pornographic, profane or indecent information or
material of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any
applicable law;
• post or transmit any material of any kind which violates or infringes
upon the rights of any other person, including material which is an
invasion of any privacy or publicity rights or which is protected by
copyright, trademark or any other proprietary right or derivative works
with respect thereto, without first obtaining permission from the owner
or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for
commercial purposes or which contains any promotional material or
advertising;
• delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• download any file posted by any other user of a Communication
Facility if you know, or reasonably ought to know, that the file cannot
legally be distributed in such manner.
Alluvium
may from time to time monitor or review the contents of its
Communication Facilities. While Alluvium reserves its right to edit,
refuse to post or to remove any information and/or materials (in whole
or in part) that in Alluvium’s sole discretion is in any way
objectionable or in violation of any applicable law or the Terms of
Use, Alluvium has no obligation whatsoever to monitor any Communication
Facility or to edit, delete or refuse to post such contents, nor is
Alluvium responsible for any contents in any Communication Facilities
(including any information, comments and/or advice of any individual
referred to as guest or expert whose statements on the web site are
solely their own). You expressly acknowledge and agree that the
Communication Facilities provide a means of public and not private
communications.
Alluvium reserves the right to cooperate
fully with any law enforcement authority in any jurisdiction in respect
of any lawful direction or request to disclose the identity or other
information in respect of anyone posting any materials which violate
any applicable or relevant law.
User Licence To Alluvium
By
placing any information or other material on the web site (including
posting messages, uploading files, inputting data or engaging in any
other form of communication), you grant to Alluvium a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide
licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The
foregoing grant includes the right to exploit all proprietary rights in
any such information or other material, including but not limited to
rights under copyright, trademark, service mark or patent laws under
any jurisdiction worldwide. You expressly waive in favour of Alluvium
and any other party authorised by Alluvium all moral rights and any
similar rights in any jurisdiction which you may have or hereafter
acquire in respect of any relevant communication or other material. At
the request and expense of Alluvium, you will execute and deliver to
Alluvium such instruments and take such other actions as may be
required to carry out this grant of licence and waiver.
Online Security
At
Alluvium we take your online security very seriously. As such, we have
prepared the following guidelines and information to help you enjoy
trouble free browsing when visiting our web site or interacting with us.
Alluvium
will never ask you to provide personal information like your bank
details, credit card details, your address, driving licence or passport
numbers via email.
If you’re making an online purchase from
Alluvium and are required to provide us with your bank or credit card
details, this will be carried out within a secure browser window. Check
that a locked padlock symbol appears at the foot or top of the browser
in which you are entering your details. The URL should also change, to
start with 'https://...' instead of 'http://...'
Please REPORT any suspicious activity to us immediately.
Risk Of Loss
All
items purchased from Alluvium are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
Delivery of Goods
Items
are shipped via Australia Post. Shipped items should arrive 2-3 days
after payment clears. We allow pickups but only if they are prearranged.
Alluvium
accepts responsibility for any loss of, damage to, late delivery or
non-delivery of goods ordered from our web site. To the maximum extent
permitted by law, you agree to release our carriers from any liability
relating to loss of, damage to, late delivery or non-delivery of any
goods you order from this web site and to assign all rights to claim
compensation or insurance against our carriers to us and expressly and
irrevocably do so by clicking the following box.
In rural and
regional areas of Australia, delivery times for Express Parcel Services
are in respect of delivery to the Post Office of the principal township
in that area. Delivery to final destinations may take longer. If in
doubt please check with your local Post Office.
Returns
Returns
are only accepted with prior approval from Alluvium where a return
authority number will be issued and must be with 30 days of invoice.
The item must be unused and the packaging in new condition. Alluvium
will also accept returns in accordance with Victorian and Australian
law.
Repairs And Warranties
If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.
GST
Unless stated to be otherwise, charges referred to for use of any
services or purchase of any product provided by Alluvium are GST
inclusive. Alluvium will issue a Tax Invoice for all purchases. GST
means the Australian goods and services tax charged under A New Tax
System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means
tax invoice as defined by the Act.
Third party links and advertising
Hyperlinks
and pointers to web sites operated by third parties will appear on
Alluvium from time to time. These web sites do not form part of
Alluvium and are not under the control of Alluvium or its related
bodies corporate and neither Alluvium nor its related companies have
any responsibility for the contents of any such hyperlink or linked web
site. If you link to any such web sites you leave Alluvium and do so
entirely at your own risk.
Alluvium displays third party
advertisements, which may or may not contain hyperlinks or referral
buttons to web sites operated by third parties. The display of such
advertising does not in any way imply a recommendation or endorsement
by Alluvium or its related companies of the relevant advertiser, its
products or services or any such linked web site.
If you
contact a third party using functionality provided on Alluvium,
including via email, Alluvium accepts no responsibility for any actions
taken by that third party in response to your communication or for any
transactions entered into between you and the relevant third party.
Errors And Omissions
Alluvium
endeavours to maintain the accuracy of product images, product
descriptions, stock availability and prices, we do however reserve the
right to cancel an order and/or reverse a payment if an order has been
placed based on erroneous information