TERMS AND CONDITIONS
Micro-Tech™ Terms and Conditions
These Terms and Conditions were last updated on 16th May 2017.
IMPORTANT: Please read these Terms and Conditions carefully. They form a legally binding agreement between you and us. If you do not agree with these Terms and Conditions, please do not access or use the Website or place any orders with us through the Website. Website purchases at this stage are only available for lifestyle products in Australia at this time.
1.3 For the purposes of these Terms and Conditions, all references to: “Terms and Conditions” means these terms and conditions, as amended from time to time in accordance with Clause 1.2 above and any policies, guidelines, rules and/or other terms and conditions which we may, from time to time, post on the Website or otherwise make known to you; “Website” means the website currently located at au.tempur.com and/or any successor website; and “us” and “we” means Tempur Australia Pty Ltd and “our” shall be construed accordingly).
2.1 Provided that you comply fully with these Terms and Conditions, we and/or our licensors grant you the right to access and view the content and information provided or made available on or through the Website, including, without limitation, text, images and videos (the “Content”), for your personal and non-commercial use only, unless agreed in writing between you and us.
2.2 You may not, without our express prior written permission, print, download, copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from or counterfeit, by any means or in any manner, any Content, or do anything else with such Content which is not expressly permitted by these Terms and Conditions. Without prejudice to the generality of the above, you should download and/or print and retain a current copy of these Terms and Conditions for your records.
2.3 All intellectual property and other proprietary rights in the Content are owned by us or our licensors. You agree and acknowledge: that you will not acquire any ownership rights in the Content; and that modification of any Content or use of any Content for any purpose not expressly permitted by these Terms and Conditions may breach our and others’ copyright and other proprietary rights.
2.4 Any rights not expressly granted in these Terms and Conditions are reserved.
2.5 We do not accept or consider creative materials, ideas or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. If you transmit to us, by email or otherwise, any communication or material, you will be deemed to have granted us and our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way we deem fit, including granting sub-licences to third parties. You agree that we and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, access to the Website may be suspended temporarily and without notice for any reason in our discretion, including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond our control. We shall not be liable to you or any third party if for any reason the Website is unavailable at any time or for any period.
3.2 We reserve the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any such modification or withdrawal.
4.1 You agree that you will not use the Website for the posting or transmission of any material of any kind which is: unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; in breach of our and/or any third party’s rights; and/or racially, ethnically or otherwise objectionable.
4.2 You agree that you will not:
4.2.1 upload or attempt to upload to the Website or otherwise transmit to us files that contain viruses, "Trojan Horses", worms, cancelbots, corrupted files, other such similarly destructive features, or otherwise in any way damage, disable or impair the operation of the Website or our business or seek to do so; or
4.2.2 gain or attempt to gain unauthorised access, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures, to the Website, networks connected to the Website or any Content.
4.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected of an offence in relation to use of the Website.
5. CUSTOMER INFORMATION
You are responsible for the accuracy and completeness of the personal information you give to us and you warrant that such information is accurate and complete in all respects. You agree to notify us of any change to such information, which you can access and update using your account.
6. LINKS TO OTHER WEBSITES
6.1 Links to third party websites on the Website are provided solely for your convenience. If you use such links, you leave the Website. We have not reviewed, do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about such websites, any material on such websites, or any results that may be obtained from using such websites. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. These websites may have their own terms and conditions and privacy policies which you should review before using such websites.
7.1 While we endeavour to ensure that the information on the Website is accurate, complete and up to date, we do not warrant that this is or will be the case. We may, at any time without notice, make changes to the Website and/or or to the products and/or their prices described and available on the Website.
7.2 Illustrations, photographs, weights, dimensions and descriptions on the Website are intended as a general guide to our products. You acknowledge and agree that we do not promise that our products will be precisely in accordance with such guidance and without any variation at all. While we endeavour to ensure that our guidance is helpful and accurate there are many factors, such as minor changes in stock, ongoing product development and even your own computer or other monitor technology that mean that actual products may vary slightly from the illustrations, photographs, weights, dimensions and/or descriptions on the Website.
8. RETURNS POLICY
8.1 If you want to return a product or otherwise make a claim, please contact the retailer that you purchased your product from. If the outcome has been reached, please email us at email@example.com, or, if you do not have an email address, please contact us on (03) 9785 4900.
9. USE OF PRODUCTS
9.1 You agree only to use the products for their normal and proper use and not to alter or modify or otherwise interfere with them.
9.2 You agree to follow the manufacturer’s instructions supplied with the products and not to use the products in a careless or negligent manner.
10.1 Nothing in these Terms and Conditions excludes or limit our liability for:
10.1.1 death or personal injury caused by negligence;
10.1.2 fraud; or
10.1.3 any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances]
10.2 To the maximum extent permitted by law:
10.2.1 the Website and the Content are provided “as is” without any warranties of any kind;
10.2.2 the products will be of satisfactory quality and fit for the purpose for which they are made available (i.e. non-commercial, domestic use, unless otherwise agreed between you and us); and
10.2.3 we exclude all other express and implied representations, warranties, conditions and other terms relating to the Website, the Content and the products.
10.3 If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then the liability of us for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
10.4 Subject to our obligations under the Non-Excludable Provisions referred to in Clause 19.3 and to the maximum extent permitted by law, the maximum aggregate liability, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way of us, our group companies and the officers, directors, employees, shareholders or agents of us or any of them, for any kind of loss or damage that may result to you or a third party in connection with these Terms and Conditions is limited to the greater of:
10.4.1 the amount paid by you for the product (and in calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision);
10.5 Subject to our obligations under the Non-Excludable Provisions referred to in Clause 19.3 and to the maximum extent permitted by law, we, our group companies and the officers, directors, employees, shareholders or agents of us or any of them will not be liable, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way in connection with these Terms and Conditions for:
10.5.1 any indirect, punitive or consequential loss or damages;
10.5.2 any loss arising from or in connection with loss of income, profits, goodwill, data, contracts, use of money or business interruption;
10.5.3 any loss arising from your use of the Website, including, without limitation, in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website;
10.5.4 any loss arising from failure to use the products in a normal and proper manner or through altering or modifying the products, failure to follow our and/or the manufacturer’s instructions or using the products in a careless or negligent manner; and/or
10.5.5 any failure to perform any obligation owed to you under these Terms and Conditions, including, without limitation, any failure to deliver or delay in delivering products, due to any event or circumstance beyond our reasonable control, including, without limitation, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.
11. INVALIDITY AND WAIVER
11.1 If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
11.2 If you breach these Terms and Conditions and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms and Conditions.
12. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no statutory or other right to enforce them, to the extent that any such right can be lawfully excluded.
13.1 We reserve the right to assign or sub-contract any or all of our rights and obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia and any disputes arising in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.