Terms and Conditions
Terms and Conditions
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you will be unable to use or access this website. The materials contained in this website are protected by applicable copyright, trademark and intellectual property laws in Australia.
By accessing and using the website www.myhenry.com.au, you agree to these terms, conditions and disclaimers as amended from time to time (“Terms”) and acknowledge that you have read and understand these Terms. If you do not agree with these Terms, do not use any of the myhenry.com.au website.
Myhenry.com.au reserves the right to change any content on the website or the Terms at any time, by updating this page within the myhenry.com.au website. As you are bound by any such amendments to the Terms you should therefore periodically check the current Terms.
An order by you is an offer by you to purchase a particular product at the price and delivery charges specified in the details of that order. The order must contain your name, email address (if available), shipping address and payment details so that myhenry.com.au can process your order. Myhenry.com.au reserves the right to accept or reject your order for any reason, including, without limitation, an error in the price or an error in the product description posted on the site or the unavailability of any product. There may be unforeseen circumstances that mean myhenry.com.au cannot fulfil your order, therefore your contract with myhenry.com.au only comes into existence when myhenry.com.au advises you that it has accepted your order and your payment has been confirmed.
Prices and Products
Information on prices and availability of products and delivery charges are maintained by myhenry.com.au. Prices, availability of products and delivery charges may change at any time and are subject to availability. All prices are shown in Australian Dollars.
Title and Risk
Myhenry.com.au will retain title to the products you order until you have made payment in full for those products. The liability for product defects and delivery issues remain the responsibility of myhenry.com.au who picked and dispatched the order.
You may have certain rights and remedies available to you in relation to the provision by myhenry.com.au of goods and services on the afore mentioned myhenry.com.au website under the Trade Practices Act and similar state and territory legislation in Australia which cannot be excluded, restricted or modified (“Basic Rights”). Except as provided by the Basic Rights: all other conditions and warranties either express or implied by custom, law or statute are excluded; all content is provided without any warranties of any kind, either express or implied.
Myhenry.com.au does not warrant that your access to the myhenry.com.au website or the functions contained in any content will be uninterrupted or error free, that any defects will be corrected or that the myhenry.com.au website or the server which stores and submits content to you are free of viruses, malicious computer code transmitted on or through myhenry.com.au or other harmful component.
Myhenry.com.au does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Myhenry.com.au will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on myhenry.com.au, that liability shall be limited to the cost of re-supplying that information.
Myhenry.com.au expressly disclaims the accuracy of all descriptions and specifications of the products. This disclaimer in no way affects the terms of the manufacturer’s warranty.
Limitation of Liability
To the extent permitted by law, under no circumstances will myhenry.com.au be liable for any damages whatsoever, whether direct, indirect, punitive, special, or consequential damages or loss of profits that are directly or indirectly related to the use of, or the inability to use, the myhenry.com.au website, even if advised of the possibility of such damages or that such damages were foreseeable.
Where myhenry.com.au is unable to exclude liability for breach of any implied warranty or condition by virtue of any statute, then its liability shall be limited to: 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.
Participation in Forums and Comments
Your right to participate in forums provided by myhenry.com.au is personal to you. You may not authorise others to use myhenry.com.au forums, and you are responsible for all of your own use of myhenry.com.au forums.
You agree not to use any obscene, indecent or offensive language, or to place on myhenry.com.au any material that is false, defamatory, abusive, harassing or hateful. Further, you may not place on myhenry.com.au any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, provincial, national or international law or regulation. You agree to use myhenry.com.au only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Other than connecting to myhenry.com.au servers by HTTP requests using a web browser, you may not attempt to gain access to myhenry.com.au servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using myhenry.com.au or otherwise.
You are responsible for ensuring that any material you provide to myhenry.com.au or post in a forum including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party – or is posted with the permission of the owner(s) of such rights.
Postings to the forums are not private. You grant myhenry.com.au and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to myhenry.com.au via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses.
You agree that myhenry.com.au is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
These Terms (and the agreement thereby constituted by your access, browsing or use) will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocable and unconditionally agree to the non-exclusive jurisdiction of the courts of that state.
Any provisions of these Terms shall for any reason be held to be unenforceable or invalid in any respect under any law then such unenforceability or invalidity shall not affect any other provision of these Terms and these Terms shall be constituted as if such unenforceable law and valid provisions had never been contained herein.
The products and services offered for sale by myhenry.com.au are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. Myhenry.com.au cannot guarantee that it will be able to prevent any illegal or inappropriate use of this website, nor can myhenry.com.au guarantee that it will give advance notice or warning of any illegal or inappropriate use of this website.
All rights not expressly granted in these Terms are reserved.
Problems or questions
If we become aware of any ongoing concerns or problems with our website, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Terms and Conditions, or you have a problem or complaint, please contact us, our contact details can be found via the Contact Us page on our website.
DATED: 29th October 2019