TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE LIQUIDLEDS WEBSITE YOU ARE AGREEING TO THESE TERMS OF USE.
1. ACCEPTANCE
This website www.liquid-leds.com (this "Site") is owned and operated by Liquidleds Lighting Pty Limited. ("LiquidLEDs"). By accessing, browsing or using this Site, you acknowledge that you have read, have understood, and agree to be bound by, these Terms of Use. You agree to comply with all applicable laws and regulations while using the Site. If you do not agree to these Terms of Use, you may not use or access the Site.
2. USE RESTRICTIONS
Subject to these Terms of Use, LiquidLEDs grants you a limited, revocable and non-exclusive license to access and use the Site, for the purpose of viewing and reading the Content (as defined below) on the Site. This permission terminates automatically if you breach any of these Terms of Use. All information, data, text, software, music, sound, photographs, graphics, video, messages or other material (“Content”) presented to you on the Site is owned by LiquidLeds and various third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any other license or right to use any of the Content without the written permission of LiquidLeds or such other party that may own the Content. Any copying, distribution, retransmission or modification of Content on the Site, whether in electronic or hard copy form, without the express prior written permission of LiquidLeds is strictly prohibited. You also may not, without LiquidLeds permission, "mirror" any material contained on this Site on any other server. Where the Site is configured to allow the download of particular Content, LiquidLeds grants you a limited, revocable and non-exclusive license to download one copy of such Content for your personal, non-commercial use, provided that you maintain all copyright and other proprietary notices on the Content, and you do not modify, sell, distribute, copy, or create any derivative works based on such Content, and do not use such Content in an unlawful manner or in a manner that suggests an association with LiquidLeds or any of LiquidLeds products or services. LiquidLeds does not transfer title to the downloaded Content to you. Except as permitted under applicable law, you may not reverse engineer, disassemble, or decompose the downloaded Content.
3. JURISDICTION AND VENUE
This Site is controlled and operated by LiquidLEDs from its offices within the Australia. LiquidLeds makes no representation that Content on the Site is appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. Information LiquidLeds publishes on the Site may contain references to products, programs or services that are not announced or available in your country. Such references do not imply that LiquidLeds intends to offer such products, programs or services in your country.
4. INTELLECTUAL PROPERTY
All trademarks on the Site, including the LiquidLeds logo and product names, are owned exclusively by LiquidLed, unless otherwise noted. No license or grant of any rights, express or implied, is granted in or to the trademarks of the Site.
5.CHANGES AND TERMINATION
LiquidLeds may amend these Terms of Use at any time by posting amended terms on the Site. All such amended terms will automatically be effective upon posting on the Site. These Terms of Use may not be otherwise amended except in a writing signed by you and LiquidLeds. These Terms of Use are effective until terminated by either you or LiquidLeds. You may terminate these Terms of Use at any time by discontinuing use of the Site and destroying all Content obtained from the Site, all related documentation, and all copies and installations thereof, whether made under these Terms of Use or otherwise. LiquidLeds may immediately terminate these Terms of Use with respect to you (including your access to the Site) in LiquidLeds absolute discretion. Upon termination, you must cease use of the Site and destroy all Content obtained from the Site and all copies thereof.
6. SITE AND CONTENT "AS IS"
THE SITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ANY USE OF THE SITE OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS PROVIDED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF AND RELIANCE ON THE SITE AND SUCH CONTENT.
7. INDEMNIFICATION
You agree to indemnify and hold LiquidLEDs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including without limitation, reasonable legal’ fees, made by any third party due to or arising out of your use of the Site, the Content, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another.
8. LIMITATION OF LIABILITY
LIQUIDLEDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIQUIDLEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ARISING OUT OF ANY PRODUCT PURCHASED ON THE SITE. LIQUIDLEDS AGGREGATE CUMULATIVE LIABILITY, WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, UNDER THIS AGREEMENT WILL NOT EXCEED THAT AMOUNT ACTUALLY PAID BY YOU TO LIQUIDLEDS FOR A PRODUCT PURCHASED ON THE SITE. IF YOUR USE OF CONTENT FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9. SUBMISSIONS
Any material, information or idea you transmit to LiquidLEDs or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by LiquidLeds or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data you provide to LiquidLeds will be handled in accordance with LiquidLeds Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
10. TERMS OF SALE
THE FOLLOWING TERMS OF SALE APPLY TO ALL OFFERS, SALES AND PURCHASES OF PRODUCTS THAT ARE SOLD THROUGH THE SITE TO YOU by LIQUIDLEDS. ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE RETURNS POLICY BELOW.
A. OFFER, ACKNOWLEDGMENT, AND ACCEPTANCE
Any prices and descriptions made on the Site are subject to availability, do not constitute an offer, and may be withdrawn at any time. LiquidLeds cannot guarantee that all products are in stock or will be available when you submit an order. LiquidLEDs may keep records of orders, acknowledgments, acceptances and other records for a reasonable period.
B. YOUR REPRESENTATIONS
You represent that the information you provide when placing an order is accurate and is sufficient for LiquidLEDs to fulfil your order. You are responsible for maintaining and promptly updating your account information and keeping such information (and any passwords) secure. You agree to only use firmware embedded in the products to enable the product to function in accordance with its documentation.
C. PRICE
Prices may be indicated on the Site or an order acknowledgment. The authoritative price in the event of any discrepancy is the price in a written acceptance from LiquidLEDs. LiquidLEDs has the right at any time prior to acceptance to withdraw and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor, the increase or imposition of any tax, duty or another levy, or any variation in exchange rates. LiquidLEDs also reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch.
D. TERMS OF PAYMENT
Unless otherwise specified, prices quoted are exclusive of the costs of shipping to the agreed place of delivery (charges for which are stated on the Site); and inclusive of GST and any other tax or duty that (where applicable) must be added to the price payable. You agree to pay for the shipping of products as specified on the Site when you submit your order. You shall make payment prior to product dispatch and by such methods as are indicated on the Site. LiquidLEDs retains a security interest in products until full payment is made. LiquidLEDs may take action against you for the price of products at any time after payment becomes due even though title in those products may not yet have passed to you. Interest shall be chargeable on overdue amounts accruing on a monthly basis at one and one-half per cent or the maximum amount permitted by applicable law, whichever is less, from the due date for payment until receipt of the full amount. You shall indemnify LiquidLeds against any expenses incurred in relation to recovery of any overdue amounts.
E. DELIVERY
LiquidLEDs will deliver products by arranging shipping to the "ship to" address specified in your order. Special packing or shipping arrangements will be charged separately to you. The risk of loss or damage and title to products will pass to you and your acceptance will occur upon delivery to the "ship to" address.
LiquidLEDs will not be held liable for any product damage during transit that results in breakage upon arrival. Customers can purchase ShipTection, offering coverage for shipments in the event of loss, breakage, or theft.
If you have yet to receive your parcel, even though the tracking system indicates it has been delivered, you must inform us within seven days of receiving the notification.
F. WARRANTY
All product specifications, illustrations, particulars, and other information on the Site are intended to represent no more than a general illustration of the products and do not constitute a warranty or representation by LiquidLeds that the products will conform with the same. LiquidLEDs Lighting Pty Limited warrants all the products manufactured by LiquidLeds Lighting Corporation to be free from defects in material and workmanship under normal use for a period of 60 months for domestic customers, 36 months for commercial customers after the date of the original purchase. LiquidLeds warranty covers only the product itself. LiquidLeds will assume no liability for labor costs, installation costs, or other losses. Your warranty rights will be honored only when the product has been installed and used properly as deemed by LiquidLeds. LiquidLeds will not repair or replace products damaged by improper use or faulty installation.
G. RETURNS POLICY
LiquidLEDs offers a thirty-day guarantee on all purchases made through the Site. If at any time within thirty days of the date of your order you decide to return a product, you may send back the product at your expense in like-new condition, and LiquidLEDs will issue you a refund of the purchase price less the delivery cost. You must contact LiquidLEDs within the thirty day period to arrange for return shipping. Except for defects existing on delivery to you, returned products must be in unblemished condition, with full functionality and including all the original materials found in the product packaging (boxes,etc). If a product is returned in less than like-new condition, LiquidLeds will charge you a fifteen percent restocking fee, plus any labor and materials required repair or replace the product or packaging to a like-new condition.
11. GENERAL
You shall not assign or transfer your rights under these Terms of Use. LiquidLEDs shall not be liable to you for any loss or damage that may be suffered as a direct or indirect result of LiquidLEDs being prevented, hindered or delayed by reason of any circumstances beyond its reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such event, LiquidLeds may elect to cancel your order and refund any payments made. You acknowledge that these Terms of Use supersede and cancel all previous agreements, whether oral or written, express or implied, between you and LiquidLEDs. No waiver of any term or condition of these Terms of Use shall be effective unless made in writing and signed by LiquidLEDs. The waiver of any breach of any Term of Use shall not be construed as a waiver of any subsequent breach or condition. If, for any reason, LiquidLEDs determines, or a court of competent jurisdiction finds, that any provision or portion of these Terms of Use to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction, the remainder of these Terms of Use (to the fullest extent permitted by law) will continue in full force and effect.