PELVIX WEBSITE TERMS AND CONDITIONS

This website is owned and operated by Pelvix Pty Limited (Pelvix). The website, including all information, tools and services available from this site, is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms').

References to ’we’, ‘us’ and ‘our’ means Pelvix and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth) and references to 'you' mean you, the user of the website.

By visiting our site and/or purchasing something from us, you engage in our service and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We request you read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The most current version of the Terms is available on this page at any time.

1.USE OF WEBSITE

Pelvix owns this website, and unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.

You may only use this website for lawful purposes and will not use it in a way that:

• violates or infringes the rights of others (including their privacy and/or intellectual property rights);

• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

• encourages conduct that would constitute a criminal offence (including but not limited to fraud, money laundering and terrorist activities), give rise to civil liability or otherwise violate any law;

• restricts or inhibits any other user from using this website;

• affects the functionality or operation of this website or its servers or the functionality or operation of any user's computer systems (including by transmitting a computer virus or other harmful component);

• involves the unsolicited or unauthorized dissemination of electronic messages, SPAM, advertising or promotional material; or

• results in the impersonation, misrepresentation or theft of another person’s identity.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of our service, or access to our service or any contact on the website through which our service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. INTELLECTUAL PROPERTY

Pelvix is the owner or authorised user of all intellectual property in relation to Pelvix in and associated with the website. Pelvix is also the owner or authorised user of its trademarks, logos, names and designs, whether registered or unregistered, used or referred to on the website.

You have no rights in or license to any of Pelvix’s intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, found on the website.

By using this website, you have no rights in or license to any third-party intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, found on the website.

4. ADVERTISING

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by us.

5. THIRD PARTY SITES

This website may contain links to third party websites. These links are not recommendations or endorsements by us, and we are responsible for the content or functionality of those websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You access those sites solely at your own risk.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

From time to time we use third parties to provide functionality on some of our pages.  Where we do this you will see that the functionality is provided or powered by our third-party supplier.  If you choose to use this functionality you agree that you are bound by that provider’s terms of use. 

6. DISCLAIMER

All care is taken in the preparation of the information and published materials on this website. We do not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete or more current sources of information. Any reliance on the material published on this site is at your own risk.

To the extent permissible by law, we will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain historical information which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

7. USERNAMES AND PASSWORDS

You must keep any username and password used on this website confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).

8. CHANGES TO OUR SERVICE AND PRICES

Unless otherwise stated, references to $ and dollars on this website are to Australian currency.

Prices for our products and service are subject to change without notice.

We reserve the right at any time to modify or discontinue our service (or any part of our service) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our service (or any part of our service).

9. CONSUMER GUARANTEES

Goods purchased from us come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

10.CANCELLATION OF ORDERS

• We reserve the right to cancel any order (in full or part) where:

• you are in breach of these Terms;

• we reasonably suspect that a fraud has occurred; or

• we become aware after that the goods are unavailable or out of stock;  or

• there has been a genuine pricing or product description error by us or our supplier;

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the order).

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

11.PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:

• for any unlawful purpose;

• to solicit others to perform or participate in any unlawful acts;

• to violate any international, federal or state regulations, rules, laws, or local regulations;

• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• to submit false or misleading information;

• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service or of any related website, other websites, or the Internet;

• to collect or track the personal information of others;

• to spam, phish, pharm, pretext, spider, crawl, or scrape;

• for any obscene or immoral purpose; or

• to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of our service or any related website for violating any of the prohibited uses.

12.LIMITATION OF LIABILITY

To the maximum extent permitted by law, Pelvix excludes any liability which may arise as a result of or in connection with:

• the use, copying, or display of this website;

• goods or services supplied by us; or

• a failure or omission on our part to comply with its obligations under these Terms.

For the avoidance of doubt, the above liability limitation does not exclude any rights, which by law may not be excluded, including but not limited to your rights under Australian Consumer Law.

13.NO GUARANTEE

To the extent permitted by law, we make no representation, warranty or guarantee regarding:

• your ability to access or use this website or any material on this website at any time;

• the loss or modification of information or material transmitted to or from this website;

• the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted;

• the use or misuse of the website or any material on this website by other users or the conduct of other users on or through the website; or

• the products displayed on this website being available at any time.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Pelvix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website, our service or any products procured using the service, or for any other claim related in any way to your use of the website, our service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Where the exclusion or the limitation of liability for consequential or incidental damages is not permissible by law, our liability shall be limited to the maximum extent permitted by law.

14.INDEMNITY

You agree to indemnify and will keep Pelvix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Pelvix in connection with your use of this website, your breach of these Terms or your breach of any rights of third parties.

15.PRIVACY

Pelvix is committed to protecting your privacy.  Any personally identifiable information will be collected and used by Pelvix in accordance with its Privacy Policy. You can review the Privacy Policy HERE

16.CHANGES TO THIS WEBSITE AND YOUR ACCESS

Without prior notice to you and in its absolute discretion, we reserve the right to vary or discontinue the website or any page of the website at any time, and/or suspend or terminate your access to part or all of the website at any time, and we are not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

17.CHANGES TO THE TERMS

We reserve the right to amend these Terms from time to time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our services following the posting of any changes to these Terms constitutes acceptance of those changes.

18.SEVERENCE OF CLAUSES

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

19.ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to our service constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

20.GOVERNING LAW

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Australia.