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Worx Co (herein referred to as we/us) own and operate this website. This document governs your relationship with us. Access to and use of this website and the products and services available through this Website (collectively, the services and products) are subject to the following terms, conditions and notices (the "Terms of Service").
By continuing to access this website, you are agreeing to all of the Terms and Conditions as well as other policies that are published. These policies may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions and policies pages.
Access to this Website is permitted persons of the legal age for viewing such adult content. We reserve the right to withdraw or amend the services without notice if we believe these conditions have been breached. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website as may be the case during maintenance.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Our privacy policy, which sets out how we will use your information, can be found on our website. By using this website, you consent to the processing described within in order to complete the requested services and requests.
You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; send any unsolicited advertising or promotional material, commonly referred to as \"spam\"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence and Worx Inc will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it. Regular virus and malware scans are conducted to protect‚ this website from such software.
By placing an order you are agreeing to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays for which we will not be responsible. In order to purchase from us you agree to be over 18 years of age. We retain the right to refuse and refund any order if these terms are believed to have been breached. When your order is accepted we will inform you by email and confirm the further details. When placing an order you accept that all details you provide to us are true and accurate, that you are the authorised user of the credit card, debit card or paypal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes, We continually monitors and updates such prices.
a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you within 5 business days we will treat the order as cancelled and any monies paid will be refunded. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the Total Cost at Checkout (Third Party Shipping)
(c) Payment
The purchaser shall pay the price of any goods supplied by us, and any taxes in addition to the price. Only upon receipt of the payment will we send the goods unless otherwise agreed upon.
(d) Shipping
Our Shipping and Delivery policy can be found here.
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. Worx Inc and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Worx Inc liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. All products on this website are provided and sold as novelties only. Twisted Warehouse will not be liable for any damages or injuries resulting from misuse of such products.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page and product pages. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with Worx Inc and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us. If any copyright infringements arise from this website please contact us and we will rectify the issue.
Indemnity
You agree to indemnify, defend and hold harmless Worx Inc, its officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use this website or your breach of the Terms and Conditions.
Variation
Worx Inc shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, products and/or any page of this Website.
Invalidity
If any part of the Terms and Conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments via the contact us page or at info@gearworx.com.au
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Gear Worx.
