TERMS & CONDITIONS
Welcome to the Elemental Web Site. –
Elemental provides services and products to you subject to the following terms, conditions, notices and disclaimers as amended from time to time at the discretion of Elemental. By accessing, browsing or utilising any or all of the services and products within or provided by Elemental, you acknowledge that you understand and agree to the terms, conditions, notices and disclaimers contained herein. If you do not agree with the stated terms, conditions, notices and disclaimers, Elemental advises that you do not use the service. Elemental reserves the right to amend, change or omit this site at our discretion. Additionally we reserve the right to institute changes or amendments (effective immediately) to any or all of the Terms contained in this document and to which, by your utilisation of the Web Site, you will be bound.
Copyright and Intellectual Property. Elemental reserves all rights of ownership of the content and its compilation unless otherwise stated. "Content" pertains to all information, text, graphics, materials, images, audio clips, characters/mascots, software and advertisements and its/ their orchestration, arrangement and assembly. Australian and international Copyright Law protects the Elemental Web Site, including content and its compilation. This thereby prohibits unauthorised parties or individuals (for personal or commercial purposes) to sell, copy, exploit, modify, reproduce, transmit, distribute, republish or exhibit any site, content, compilation or part thereof.
Pricing Information. Prices of products and services displayed on this Web Site are deemed to be competitive and current. However prices vary on occasion and products are subject to availability.
Ordering. An order placed by you is an offer to purchase a particular product at the price and delivery charges specified on this Web Site. Elemental reserves the right to accept or reject your offer for any reason. Prices and products and delivery charges, and product and service availability are current at the time of issue but are subject to change at any time without notification. To efficiently process your order you must submit your name, email address, mailing address, credit card number and the expiry date of your credit card. You must provide accurate personal details and information and must not transmit any material of any kind, which contains a virus, malicious computer code transmitted on or through the Web Site or other harmful component. Your contract with Elemental is operable when Elemental advises that your order has been accepted and receipt of your payment is confirmed.
Termination. Elemental reserves the right to terminate access, refuse service, terminate accounts, and/or cancel orders at its discretion and at any time without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Elemental set out in the Terms will survive termination.
Fraud. Unauthorised use of a credit card, use of an invalid card and the provision of a false name and personal details will be considered fraudulent. All fraudulent activity will be subject to prosecution by the fullest extent of the law.
Delivery. Elemental endeavours to fulfil its commitment to the stated delivery schedule but cannot guarantee to meet scheduled delivery times on all occasions. Delivery times are indicative only and Elemental does not accept any liability for failure to meet scheduled delivery times or any inconvenience caused as a consequence.
Returns. The Elemental Returns Policy is contained on this Web Site and should be reviewed before the purchase of any product. By the act of purchasing from this Web Site you agree to be bound by the terms and Conditions as expressed in the Elemental Returns Policy.
Gift Vouchers. Elemental Gift Vouchers are to be redeemed within the expiration date of the Gift Voucher. Any purchase exceeding the value of the gift voucher will require the balance of payment in the form that is permitted on the Web Site where the transaction is being processed. Gift Vouchers are not redeemable for cash.
Links, Advertising and Offers. Elemental may at any time display third party advertisements, embedded and non-embedded hyperlinks, referral buttons and other pointers to Internet Web Sites operated by third parties or their licensees or contractors. Elemental does not endorse or recommend the products, services or content of the advertisement nor accept any responsibility for the contents of any linked Web Sites or any hyperlink contained within a linked Web Site. Any offer that you can accept by linking to the third party advertiser's Web Site and executing the relevant transaction is made by you at your own risk. Elemental is absolved of any responsibility of any outcome as a consequence of your access.
Applicable Law. These Terms and your agreement, as constituted by your access, browsing or use of this Web Site will be governed by and construed in accordance with the laws of Western Australia, Australia. You and Elemental agree to submit to the exclusive jurisdiction of the courts of the state of Western Australia, Australia. In the event that any of these Terms and Conditions are deemed to be unenforceable or contrary in any respect under any law then such unenforceable or invalid law shall not affect any other provision of these Terms and Conditions. The Terms and Conditions shall be constituted as if such an unenforceable law and contrary provisions had never been contained herein.
Limitation of Liability. Elemental will in no circumstances, to the extent permitted by law, be liable for any damages or loss whatsoever, whether direct, indirect, punitive, special, or consequential. Nor will Elemental be liable for any loss of profits that are directly or indirectly related to the use of, or the inability to use, the Elemental Web Site, even if advised of the possibility of such damages or that such damages were foreseeable. Where Elemental is unable to exclude liability for breach of terms and/or conditions of any implied warranty by virtue of any statute, then its liability shall be limited to any one or more of the following: If the breach relates to products; 1. the replacement of the goods or the supply of equivalent goods; 2. the repair of the goods; 3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or 4. the payment of the cost of having the goods repaired; or, If the breach relates to services supplied or offered: 1. the supplying of the services again; or 2. the payment of the cost of having these services supplied again.
Disclaimer. The information contained within this Web Site is provided by Elemental in good faith that the information is accurate and current and is represented in accordance with Australian law. To the extent that this law is not in accordance with the country within which you reside or are accessing this Web Site, this disclaimer does not apply to you and you should refrain from accessing and purchasing from it. If you proceed and do access and purchase from the Elemental Web Site you acknowledge that you agree with the Terms and Conditions contained herein and agree to indemnify Elemental of any damages, losses or costs you incur as a consequence. Elemental makes no representations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content and materials, including the currency, accuracy or completeness, of any content or any information provided by third parties, on or through the Elemental Web Site. Elemental disclaims the accuracy of all descriptions and specifications of the products included on its Web Site. Elemental will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Elemental will not guarantee that your access to the Elemental Web Site or the functions contained within will be uninterrupted or error free. Elemental will not guarantee that any errors will be corrected or that the Web Site or the server is free of viruses, malicious computer code transmitted on or through the Web Site or other harmful components.
All rights not expressly granted in these Terms are reserved.
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