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Conditions of website use and acceptance

 

Comfort + Fit (the ”website”) is owned and operated by Comfort + Fit Pty Ltd ABN 81122081298 (Comfort + Fit) on the World Wide Web.

The material on the website is copyright and You agree that access to and use of this website and purchasing goods from Comfort + Fit are subject to the following Terms and Conditions together with the Comfort + Fit Privacy Statement, Terms and Conditions of purchase (where applicable) and other customer service policies on this website. By entering this website you agree to be bound by these Terms and Conditions and policies and any other notices accepted by you on this website. By continuing to use this website you are agreeing to the Terms and Conditions contained in the website. By purchasing goods with Comfort + Fit you are accepting and agreeing to these terms and conditions.


Applicable law and Jurisdiction

Your use of this website is governed in all respects by the laws of the State of Tasmania, Australia. By accessing this site you agree to submit to the exclusive jurisdiction of the courts of Tasmania in relation to any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement and legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of Comfort + Fit Products).


Review of Terms

These Terms and Conditions are subject to change from time to time, such changes to be effective upon posting on this website.  Your continued use of the website after any such changes will indicate Your acceptance of such changes.

If You have commenced any transactions prior to a change to this Agreement, Your transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer by Comfort + Fit.


Force Majeure

Comfort + Fit will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Pink LouLou’s reasonable control.


No Amendment or Waiver

This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Comfort + Fit in writing.  Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.


Severability

If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the provisions of the Agreement will remain in full force and effect.


Availability of website

There will be times when the website is unavailable.  This may occur when we are upgrading the site to improve customer service or Product offerings, or could be unscheduled and due to issues beyond our control.  Comfort + Fit will endeavour to minimise the inconvenience of downtime to the best of our ability.  Comfort + Fit will not be held liable for the consequences of any down-time.


Intellectual Property

Unless otherwise noted, all materials on this Website are protected as the copyright, trademarks and/or other intellectual properties owned by Comfort + Fit or by other parties that have licensed their material to Comfort + Fit.  All rights not expressly granted are reserved.

Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual private non commercial use only and may not be recopied and shared with a third party. The permission to copy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic or any other form.

This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Comfort + Fit’s direct control.  Comfort + Fit accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites. You acknowledge that Comfort + Fit is entitled to require you to remove any link from another website to this Website which you install without obtaining Comfort + Fit's prior written consent.


Limitation of liability

To the fullest extent permitted by law, Comfort + Fit's liability for breach of any implied warranty, representation, condition or undertaking including without limitation in respect to any sale, supply or use of Pink LouLou Products or use of this website or security breach which cannot be excluded is limited, at the option of Comfort + Fit, to:

  • in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired
  • in respect to any other loss or damage any claim for consequential loss, expenses, income or profits is excluded.

Comfort + Fit's exclusion of liability applies whether the claim is in contract, tort (excluding without limitation, negligence) or equity and even if Comfort + Fit has been notified of the possibility of such loss or damage.  You agree that Comfort + Fit's liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.

You acknowledge that the Products purchased from Comfort + Fit can require special maintenance. Comfort + Fit will not be liable for any damage caused by any failure by You to maintain the Products properly.

Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding any other term in this Agreement, Comfort + Fit does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.


Termination

Comfort + Fit reserves the right to terminate this Agreement at any time. Comfort + Fit shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.


Definitions

“AGREEMENT” means the terms and conditions that apply to the use of the Website, which may be amended from time to time.

"GST" means goods and services tax pursuant to A New Tax System (Goods and Services Tax) Act, 1999 Australia including Regulations Amendments and related Acts.

Comfort + Fit” means Comfort + Fit (ABN 81122081298)

“PRODUCTS” means the product that is specified on the purchase order as the product You wish to purchase pursuant to the Agreement.

“PURCHASE ORDER” means the on-line purchase order form to be completed by You in relation to Your purchase of the Product.

“WEBSITE” means internet website with the URL http://www.comfortandfit.com.au/

“YOU” means the user of the Website including purchaser of any Product (and “Your” has the corresponding meaning)