This website is operated by Metaform Corporation PTY LTD . Throughout these Terms & Conditions and the site, the terms “we”, “us”, “our”, and “Metaform” refer to Metaform Corporation PTY LTD. Metaform offers this website, including all information, tools and services available from this site to you, the user, conditionally upon your acceptance of all Terms & Conditions noted here. 

 

Your use of this website is regulated by these Terms and Conditions. By using and continuing to use our website and services you signify your consent and agreement to these Terms and Conditions (“Terms and Conditions”, “Terms of Service”, “Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or content contributors. 

 

Please read these Terms carefully before further accessing or using our website. By accessing any part of this site you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not access the website or use any of our services. 

 

Any new features or tools which are added shall also be subject to these same Terms. You can review the most up to date Terms and Conditions on this page. We reserve the right to update these Terms by posting updates and/or changes to our website, and it is your responsibility to check periodically for changes. Your continued use of or access to our website following the posting of changes constitutes your acceptance of these changes. 

 

General conditions

 

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

 

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of our Service, violate any laws in your jurisdiction. You must not transmit viruses or worms or code of a malicious or destructive nature. 

 

Any breach of these Terms may result in an immediate termination of your access to Services. 

 

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

 

You acknowledge that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and possible changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is encrypted over our networks. 

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our Service, use of the service, or access to the Service without express written permission by us. 

 

The headings used in these Terms are for convenience only, and will not limit or otherwise effect the Terms. 

 

The laws applying in the State of Victoria, Australia, shall apply to the provision of the service, these Terms and their interpretation, and any disputes arising in connection thereto shall be exclusively determined by the Courts exercising jurisdiction in that State. 

 

Accuracy

 

We are not responsible for the accuracy of information available on this site, which is provided for general information only and should not be the sole basis for making decisions. Any reliance on this material is at the users’ own risk. Historical information may be contained on our site, and is, necessarily, not current and provided for reference only. We reserve the right to modify the content of our site at any time, but also do not have any obligation to update information. You agree that it is your responsibility to monitor changes on the site. 

 

Modifications

 

Services and prices are subject to change without notice. We reserve the right to modify or discontinue access to the Service (or part thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service or any part of it. 

 

Products

 

Certain products or services may be available exclusively through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display colours and images as accurately as possible on our site but cannot guarantee that your computer monitor’s display of any colour will be accurate. 

 

We reserve the right to limit the sales of our products or access to our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any descriptions of products or product-pricing are subject to change at any time without notice at the sole discretion of us. We reserve the right to discontinue any product at any time. 

 

We do not warrant that the quality of any products, services, information, or other material purchased, obtained, or used by you will meet your expectations. 

 

Intellectual property

 

All copyright material featured or displayed on our site is owned by us. You are authorised to view, play, print and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only. 

 

Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.

 

Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website.

 

All of our trademarks, service marks and trade names used herein (including but not limited to the words marked “Metaform”, “M”, are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.

 

The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.

 

Orders and billings

 

We refuse the right to refuse any order you place with us and, in our sole discretion, limit or cancel quantities of orders placed by individuals, households, or by individual order. These restrictions may be placed on orders by the same person, household, card, account, or other identifiable means. In the event that we do make a change to an order we will endeavour to contact you by the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that in our sole judgement appear to have been placed by dealers/resellers/distributors without prior notice. 

 

You agree to provide complete, current, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account information so that we can complete your transactions and contact you if needed. 

 

Third-party links

 

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for evaluating or examining the content of these sites for accuracy or for any other reason. We do not warrant liability for any third-party products, services, content, or websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We are not liable for any harm or damages related to the use of third-party products, services, content, or websites. 

 

Personal information

 

Your personal information is governed by our Privacy Policy.

 

Errors, inaccuracies, and omissions

 

Occasionally there may be information in our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or related websites is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend, or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. 

 

Prohibited uses

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Disclaimers

 

We do not guarantee, represent, or warrant that access to our Service will be uninterrupted, timely, or error-free. 

 

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. 

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The services and all products delivered are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, subject to and except as required by Australian Consumer Law. 

 

In no case shall Metaform, 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 damage 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 the Service or any products procured using the Service, or any other claim related in any way to your use of the services or products offered by us. 

 

Indemnification

 

You agree to indemnify and hold harmless Metaform and our parent, subsidiaries, affiliates, partners, directors, officers, agents, licensors, contractors, service providers, subcontractors, interns, employees and suppliers, from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

Severability

 

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Entire agreement

 

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

 

These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Changes to the Terms and Conditions

 

You can review the most current version of the Terms and Conditions at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Contact

 

Questions about the Terms and conditions should be sent to enliven@metaform.com.au

 

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