AGREEMENT BETWEEN USER AND YOGEE.com.au
The Yogee.com.au Web Site is comprised of various Web pages
operated by Yogee.com.au.
The Yogee.com.au Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Yogee.com.au Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Yogee.com.au reserves the right to change the terms, conditions,
and notices under which the Yogee.com.au Web Site is offered,
including but not limited to the charges associated with the use of the Yogee.com.au Web Site.
About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean Yogee.com.au 30 126 429 187 of 56/45 Powers Road, Seven Hills, NSW 2147 Australia, and
"you" means you the customer.
These Terms and Conditions together with your Order constitute the entire
Contract between us and you for the supply of Products. No other Terms and
Conditions will apply. The Contract cannot be varied unless we agree to vary it
in writing or by email.
Price:
Yogee.com.au
reserves the right to change prices for Products displayed at
Yogee.com.au
at any time.
Yogee.com.au
purchases include GST unless otherwise stated on a Product listing.
Delivery Of Your Order
Usually leaves warehouse within 24 hours of the next business day from the date your payment is received
in full.
The estimated delivery times are in business days (Monday through Friday)
excluding Public holidays.
Although every effort is made to ship your Order according to the estimated
delivery times provided, estimated ship times may change due to changes in
supply or circumstances beyond our control. If your Product has not arrived
after the estimated delivery time, please contact us
We encourage you to visit the "My Account" section on our website to view the
delivery status of your order.
Unless otherwise agreed by us, we will deliver your order to the address
indicated on your Order Confirmation. If no-one is available to take delivery of
your order, our carrier (Australia Post) will leave a card so you can
pick-up your Product from your local Post Office. Where delivery is by our
courier service and no-one is available to take delivery, they will leave a card
requesting you to telephone them to arrange a suitable time and date for
delivery.
We will use our reasonable efforts to deliver your order to you within the
estimated delivery time indicated on your Order Confirmation; however, we do not
guarantee that we will deliver within this time frame.
Return A Product
No refunds, credit or replacements are offered if you have changed your mind
about the product, make an incorrect choice, or failed to verify and accurately
provide information when placing an Order.
Dead On Arrival Products - "DOA"
A Yogee.com.au Product is considered DOA if it shows symptoms of a failure,
or is discovered to be broken when first taken from its packaging.
A Yogee.com.au Customer Service member will provisionally determine whether
the Product is DOA. Where a Product is provisionally determined as DOA we will
arrange to replace the Product.
Refunds will only be offered where a replacement Product can not be provided.
Where Yogee.com.au has provisionally determined that a Product is DOA,
return shipping will be arranged at the expense of Yogee.com.au.
If the Product is deemed by Customer Services NOT to be DOA, Yogee.com.au
may in its absolute discretion refuse to replace the Product or offer you a
refund for the Product.
When a Product is replaced, your replacement Product becomes your property and
the returned DOA Product becomes our property.
When a refund is given, the returned DOA Product becomes our property.
We reserves the right to test any returned DOA Product. If the condition of the
Product was misrepresented to us by the customer, We will impose a $25 handling
and administration fee.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or you find a defect arises after
delivery and a valid claim is received by Customer Service within the warranty
time frame, Yogee.com.au will exchange the Product where possible, or refund
you the purchase price of the Product. Should you contact us outside the
warranty time frame customer service management will consider each claim on a
case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price of the
Product, you must first return the defective Product to us. You will be obliged
to pay for the return of the Product if the item is sent after the warranty time
frame.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the
original Product.
Replacement Products are provided with the same Warranty as the returned
Product.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for both replacement Products
and refunds.
Where Customer Service has provisionally determined that a Product is DOA,
Customer Service will issue you with a RAN. Products can not be returned without
a RAN. The Product should be returned to Yogee.com.au within 30 calendar
days of the issuance of the RAN. All Products must be packed in the original,
unmarked packaging including any accessories, manuals, documentation and
registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or
provide you with a refund.
Where you received a DOA Product, Customer Service will email you a RAN which
you must affix to the Product. You must then return the Product to
Yogee.com.au.
When a Replacement Product is arranged:
* A replacement for the same Product that you ordered will be shipped to you at
our expense after we have received your returned DOA Product.
* The delivery time for the replacement Product will be the same as stated for
the original DOA Product.
* Replacement Products are provided with the same Limited Warranty as the DOA
Product.
When a Refund is arranged:
* Refunds include all shipping and associated costs for the DOA Product.
* No refund will be given to you until Yogee.com.au has received the DOA
Product from you.
* Refunds will be issued by money order, direct bank deposit or a credit to
"Your Account" with Yogee.com.au.
Some Products - Manufacturer Only Warranty
Some Products sold through Yogee.com.au are serviced and supported
exclusively by their manufacturer in accordance the warranty information
provided on the listing.
For items advertised and sold with manufacturer’s warranty, we would ask you to
contact the manufacturer or supplier in the first instance for replacement or
repair under the warranty terms.
Computer Hardware - Exclusions and Limitations
Yogee.com.au is not liable for any damage to or loss of any programs, data,
or other information stored on any media contained within electronic or
computing Products. Recovery and reinstallation of system and application
software and user data are not covered under any Yogee.com.au warranty.
In relation to any computing media Product, or any computing hardware Product or
computing part contained within a Product, Yogee.com.au will not be
responsible for direct, special, incidental or consequential damages resulting
from any breach of warranty or condition, or under any other legal theory,
including but not limited to lost profits, downtime, goodwill, damage to or
replacement of equipment and property, any costs of recovering, reprogramming,
or reproducing any program or data stored in or used with Yogee.com.au
Products supplied to you, and any failure to maintain the confidentiality of
data stored on the Product. Yogee.com.au specifically does not represent
that it will be able to repair any Product under warranty or make a Product
exchange without risk to or loss of programs or data.
Where a computing Product needs to be returned to Yogee.com.au for
replacement or a refund, Yogee.com.au will in no manner whatsoever be
responsible for any data you may leave on the computing Product.
LINKS TO THIRD PARTY SITES
The Yogee.com.au Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Yogee.com.au and Yogee.com.au is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked
Site, or any changes or updates to a Linked Site. Yogee.com.au is
not responsible for webcasting or any other form of transmission received from
any Linked Site. Yogee.com.au is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
Yogee.com.au of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Yogee.com.au Web Site, you
warrant to Yogee.com.au that you will not use the Yogee.com.au Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Yogee.com.au
Web Site in any manner which could damage, disable, overburden, or impair the
Yogee.com.au Web Site or interfere with any other party's use and
enjoyment of the Yogee.com.au Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Yogee.com.au Web Sites.
USE OF COMMUNICATION SERVICES
The Yogee.com.au Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Yogee.com.au has no obligation to monitor the Communication
Services. However, Yogee.com.au reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. Yogee.com.au reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Yogee.com.au reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Yogee.com.au's
sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Yogee.com.au does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Yogee.com.au
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Yogee.com.au spokespersons,
and their views do not necessarily reflect those of Yogee.com.au.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Yogee.com.au OR POSTED
AT ANY Yogee.com.au WEB SITE
Yogee.com.au does not claim ownership of the materials you provide
to Yogee.com.au (including feedback and suggestions) or post,
upload, input or submit to any Yogee.com.au Web Site or its
associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
Yogee.com.au, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Yogee.com.au is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
Yogee.com.au's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Yogee.com.au WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Yogee.com.au AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Yogee.com.au WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE Yogee.com.au WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Yogee.com.au AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Yogee.com.au WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Yogee.com.au AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Yogee.com.au AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Yogee.com.au WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Yogee.com.au WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Yogee.com.au WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Yogee.com.au WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Yogee.com.au OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Yogee.com.au WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Yogee.com.au WEB SITE.
SERVICE CONTACT : order@Yogee.com.au
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Yogee.com.au Web Site are: Copyright 2007 by
Yogee.com.au and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Governing LawThese terms and conditions are in addition to and do not
replace any terms, conditions, and warranties implied by federal and state laws
of New South Wales.
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