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 ("Site") is owned and operated by Liquidleds Lighting Pty Limited ("LiquidLEDs"). By accessing, browsing or using this Site, you acknowledge that you have read, 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 licence to access and use the Site for the purpose of viewing and reading the Content 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 on the Site is owned by LiquidLEDs and various third parties. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Content without the written permission of LiquidLEDs or the relevant content owner.
Any copying, distribution, retransmission or modification of Content, whether in electronic or hard copy form, without the express prior written permission of LiquidLEDs is strictly prohibited. You may not "mirror" any material on this Site on any other server without LiquidLEDs' permission.
Where the Site is configured to allow the download of particular Content, LiquidLEDs grants you a limited, revocable and non-exclusive licence to download one copy of such Content for your personal, non-commercial use, provided you maintain all copyright and proprietary notices and do not modify, sell, distribute, copy or create derivative works from it. 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 Australia. LiquidLEDs makes no representation that Content on the Site is appropriate or available for use in other locations. If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws. Information published on the Site may refer to products, programmes or services that are not announced or available in your country. Such references do not imply that LiquidLEDs intends to offer such products, programmes or services in your country.
4. Intellectual Property
All trademarks on the Site, including the LiquidLEDs logo and product names, are owned exclusively by LiquidLEDs unless otherwise noted. No licence or grant of any rights, express or implied, is given in or to the trademarks on the Site.
5. Changes and Termination
LiquidLEDs may amend these Terms of Use at any time by posting amended terms on the Site. All amended terms will automatically be effective upon posting. These Terms of Use are effective until terminated by either you or LiquidLEDs. You may terminate these Terms of Use by discontinuing use of the Site and destroying all Content obtained from it. LiquidLEDs may immediately terminate these Terms of Use with respect to you, including your access to the Site, at its absolute discretion. Upon termination, you must cease use of the Site and destroy all Content obtained from it.
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 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, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable legal fees, made by any third party 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 party.
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, RESULTING FROM THE USE OR 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, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LIQUIDLEDS FOR A PRODUCT PURCHASED ON THE SITE. SOME JURISDICTIONS 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 will be treated as non-confidential and non-proprietary, and may be used by LiquidLEDs or its affiliates for any purpose, including developing, manufacturing and marketing products. All personal data you provide will be handled in accordance with LiquidLEDs' Privacy Policy. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, pornographic or profane material, or any other material that could give rise to civil or criminal liability.
10. Terms of Sale
THE FOLLOWING TERMS OF SALE APPLY TO ALL OFFERS, SALES AND PURCHASES OF PRODUCTS SOLD THROUGH THE SITE BY LIQUIDLEDS. ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE RETURNS POLICY BELOW.
A. Offer, Acknowledgment and Acceptance
Prices and descriptions 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 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 sufficient for LiquidLEDs to fulfil your order. You are responsible for maintaining and promptly updating your account information and keeping your account details and passwords secure.
C. Price
Prices may be shown on the Site or in an order acknowledgment. The authoritative price in the event of any discrepancy is the price in a written acceptance from LiquidLEDs. LiquidLEDs reserves the right to revise prices at any time prior to acceptance to reflect increases in costs, including materials, carriage, labour, taxes, duties or changes in exchange rates. LiquidLEDs also reserves the right to notify you of any errors in product descriptions or pricing prior to dispatch.
D. Terms of Payment
Unless otherwise specified, prices quoted are exclusive of shipping costs (which are stated on the Site) and inclusive of GST and any other applicable tax or duty. You agree to pay for shipping as specified on the Site when you submit your order. Payment must be made prior to dispatch by the methods indicated on the Site. LiquidLEDs retains a security interest in products until full payment is received. Interest is chargeable on overdue amounts at one and one-half per cent per month, or the maximum permitted by applicable law, whichever is less, from the due date until receipt of full payment. You shall indemnify LiquidLEDs against any expenses incurred in recovering overdue amounts.
E. Delivery
LiquidLEDs will arrange shipping to the delivery address specified in your order. Special packing or shipping arrangements will be charged separately. Risk of loss or damage and title to products pass to you upon delivery to the specified address.
LiquidLEDs will not be held liable for product damage during transit that results in breakage upon arrival. Customers may purchase ShipTection, which provides coverage for shipments in the event of loss, breakage or theft.
If you have not received your parcel despite the tracking system indicating it has been delivered, you must notify us within seven days of receiving that notification.
F. Warranty
All product specifications, illustrations and other information on the Site are intended as a general illustration only and do not constitute a warranty or representation by LiquidLEDs that products will conform to the same. LiquidLEDs Lighting Pty Limited warrants all products manufactured by LiquidLEDs Lighting Corporation to be free from defects in materials and workmanship under normal use for a period of 60 months for domestic customers and 36 months for commercial customers from the date of original purchase. LiquidLEDs' warranty covers the product only. LiquidLEDs will not be liable for labour costs, installation costs or other losses. Warranty rights will be honoured only where the product has been installed and used properly as determined 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 you decide to return a product within thirty days of the date of your order, you may send it back at your expense in like-new condition and LiquidLEDs will issue a refund of the purchase price less the delivery cost. You must contact LiquidLEDs within the thirty-day period to arrange return shipping. Except for defects existing upon delivery, returned products must be in unblemished condition with full functionality, and include all original materials found in the product packaging. If a product is returned in less than like-new condition, LiquidLEDs will charge a fifteen per cent restocking fee plus any costs required to restore the product or packaging to a like-new condition.
11. General
You may not assign or transfer your rights under these Terms of Use. LiquidLEDs will not be liable for any loss or damage suffered as a direct or indirect result of LiquidLEDs being prevented, hindered or delayed by circumstances beyond its reasonable control, including any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lockout, trade dispute, labour disturbance, breakdown of plant or machinery, or interruption in the supply of power or materials. In such an event, LiquidLEDs may elect to cancel your order and refund any payments made.
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 will be effective unless made in writing and signed by LiquidLEDs. The waiver of any breach will not be construed as a waiver of any subsequent breach. If any provision of these Terms of Use is found to be illegal, unenforceable or invalid under applicable law, the remainder of these Terms of Use will continue in full force and effect.