TERMS AND CONDITIONS OF WEBSITE USE AND PURCHASE OF PRODUCTS
1. The terms and conditions of use of Splosht websites (Sites) include Terms and Conditions governing your use of, and access to, the Splosht web sites (Sites) and the purchase of Splosht branded products (Product).
2. The Sites and their Product content are subject to copyright, and other intellectual property rights. These rights are owned by Splosht International Pty Ltd (ABN 42 603 620 800), or in the case of some material, a third party, where the third party has provided permission to use the content.
3. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.
4. Our Sites include registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent.
5. The Site may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
USE OF SPLOSHT WEB SITES
6. You must not misuse our Sites and only use them for lawful purposes. You will not use the Sites (including any of Splosht International Pty Ltd social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:
a. breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes.
b. interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites.
c. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings.
d. commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful.
e. that hacks or disables any part of the Site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site.
f. provide false information when registering or changing your registration details.
7. Splosht International Pty Ltd will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.
8. Splosht International Pty Ltd uses a number of social media sites (eg YouTube, Facebook and Instagram); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
10. Splosht International Pty Ltd does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Splosht social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.
11. Users must not post or upload any comment, content or link to the Sites or Splosht social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
12. Splosht International Pty Ltd may moderate user-posted content and may remove any content that, in Splosht International Pty Ltd opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.
13. Splosht International Pty Ltd does not undertake to inform users when such content has been moderated or removed. Splosht International Pty Ltd may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
14. Where you post or submit content to a Site, you warrant that you:
b. have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));
c. Splosht International Pty Ltd may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Splosht International Pty Ltd ) at any time in the future, and via any media;
d. Splosht International Pty Ltd does not accept any responsibility or liability for Product purchased and where content is downloaded from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Splosht International Pty Ltd does not accept any liability for such actions; and
17. Splosht International Pty Ltd makes no representations or warranties of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable laws. Splosht International Pty Ltd makes no representations or warranties of any kind, express or implied as to the use of our Products on our Sites, except as otherwise provided under applicable laws.
18. Neither Splosht International Pty Ltd, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our Products or Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption from the use of our Product or the loss of data or information from our Sites.
19. You assume all risk of use of our Product and all features of a Site. You release Splosht International Pty Ltd of all responsibility for any consequences of either of their use.
20. By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and the purchase of Product is at your own risk.
21. Our Sites and their contents are provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus- free.
22. The Splosht International Pty Ltd Sites are an online platform which enables Splosht International Pty Ltd to offer for sale and sell Product directly to customers. Where the Product is offered by a third party seller, Splosht International Pty Ltd is not directly involved in any transaction between a third party seller and a customer. Therefore, Splosht International Pty Ltd will not be liable for any damages arising out of, or in relation to, any Product or content (including pricing and product information) provided by a third party.
CONDITIONS OF SALE
23. All conditions and warranties rights and remedies implied by law or arising in contract or tort whether due to the negligence of Splosht International Pty Ltd (ABN 42 603 620 800)or otherwise are hereby expressly excluded so far as the same may legally be done. Provided however that any rights of the Buyer pursuant to non excludable conditions or warranties of the Competition and Consumer Act 2010 or any relevant legislation of any State are expressly preserved but the liability of Splosht International Pty Ltd or any intermediate Seller pursuant thereto shall be limited if so permitted by the said legislation to the replacement of the goods sold or the supply of equivalent goods and all liability for indirect or consequential loss or damage of whatsoever nature is expressly excluded. This product must be used or applied strictly in accordance with the instructions on the packaging.
UPDATES & TERMINATION
24. Splosht International Pty Ltd may vary these Terms and Conditions at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations
25. At any time, we may, in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.
26. Splosht International Pty Ltd may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws.
27. Splosht International Pty Ltd may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief.
28. These Terms and the Sites are governed by and construed in accordance with the State of South Australia, Australia. If a dispute arises from these Terms, you agree to submit to the non- exclusive jurisdiction of the courts of South Australia, Australia, except in relation to application for any injunctive relief sought by Splosht International Pty Ltd.
29. The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.