2. USE RESTRICTIONS
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
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.
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.
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.
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.
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.
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.