1. Definitions: In the context of these terms and conditions, the following words shall have the following meanings:
" The Website" means any website under the ownership or control of Simon Martin Whips from which a link has been created to these terms and conditions;" The Material" means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;" User" means the individual, firm, company or organisation accessing this Website or making a purchase via the Website;
2. Applicable terms and conditions: The Website is owned by Simon Martin and any use made of this site (including registrations and purchases made via the Website), are subject to these terms and conditions. Simon Martin may, at his sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website: Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain, without the written consent of Simon Martin.
3.2 any links created to the Website are notified to and approved by Simon Martin before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written consent of Simon Martin.
4. Copyright and trade marks
4.1 Copyright in the Material is owned by Simon Martin or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Simon Martin or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of Simon Martim Whips and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Simon Martin or product inventors and may not be used without the prior consent of Simon Martin.
4.3 All works in the nature of databases attract database rights.
5. Disclaimer: The Website is intended to provide general information on products only and, as such, should not be considered as a substitute for professional advice covering any specific situation. Users should seek appropriate professional advice before taking or refraining from taking any action in reliance on any product information contained in this Website. So far as permissible by law, Simon Martin Whips and Simon Martin does not accept any liability to any person relating to the use of any such information. Whilst Simon Martin has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation, wherever they shall be based, as a result, direct or otherwise, of information contained in or accessed through this internet site.
6. Warranty and indemnity: The User warrants to Simon Martin that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify Simon Martin, his employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Simon Martin, his employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
7. Limitation of liability: Simon Martin hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Simon Martin be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Simon Martin has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
8. Third party websites: The Website contains links to websites operated by parties other than Simon Martin. Such links are provided for the User's convenience only. Simon Martin does not control such websites, and is not responsible for their content. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
9. Privacy and Data Protection:Our Privacy Notice can be read in full here.
10. Viruses: Whilst Simon Martin makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
11. On-line Transactions: Simon Martin reserves the right to vary the prices of any goods or services listed without notice. All orders for goods or services are subject to availability and Simon Martin reserves the right to refuse to supply any goods or services to any individual.
12. Encryption: Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Simon Martin or his agents.
13. Force majeure: Simon Martin shall not be held to be in breach of his obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
14. General
14.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
14.2 These terms and conditions constitute the entire agreement between Simon Martin and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Simon Martin.
14.3 Any failure of Simon Martin to exercise or enforce any of his rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
15. Jurisdiction: The terms and conditions and the use by the User of the Website shall be governed by the laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Australian courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
