ENERGY SMART LIGHTING AUSTRALIA – TERMS & CONDITIONS

About these Terms & Conditions

In these Terms and Conditions "we" and "us" mean OMANE Pty Ltd ACN 105 903 615 (trading as Energy Smart Lighting Australia) of PO Box 2134, Bowral, NSW 2576 Australia, and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

Your use of the energysmartlighting.com.au (“website”) is subject to these terms of use (“Terms of Use”).

Website Content

Energy Smart Lighting Australia may, at any time, add or remove content from this website without notice.

  1. Any articles, information or content published on this website must be read subject to these Terms of Use.
  2. Although Energy Smart Lighting Australia uses its best endeavors to confirm the accuracy of any product images and information published on this website, you agree that Energy Smart Lighting Australia cannot be held responsible for inaccuracies or errors caused by incorrect images or information supplied to Energy Smart Lighting Australia by manufacturers or suppliers. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
  3. The information, materials and services in this website are provided for general information purposes only. It is current at the time of first publication. Please report any error or omission in any information, material or service, via service@energysmartlighting.com.au.
  4. Energy Smart Lighting Australia nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Energy Smart Lighting Australia liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

Use of the Website

  1. If you are under the age eighteen (18) years you cannot place orders with Energy Smart Lighting Australia. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Energy Smart Lighting Australia suffer any damage or other losses as a result of a transaction entered into by a minor, Energy Smart Lighting reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Energy Smart Lighting Australia.
  2. You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
  3. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
  4. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  5. As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.

Intellectual Property Rights

  1. You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, and all software relating to this website, are owned by Energy Smart Lighting Australia, or a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.
  2. You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Energy Smart Lighting Australia or, in the case of third party material, from the owner of the copyright in that material.
  3. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

Links to Other Websites

  1. This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Energy Smart Lighting Australia’s control and Energy Smart Lighting Australia is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Energy Smart Lighting Australia provides these links to you for convenience only and the inclusion of any link does not imply Energy Smart Lighting Australia’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Energy Smart Lighting Australia disclaims all warranties, express and implied, as to the accuracy, value, and legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.
  2. Energy Smart Lighting Australia reserves the right to prevent third parties from linking to this website.

Secure Data and Transmissions

  1. Given the nature of the internet, Energy Smart Lighting Australia cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Energy Smart Lighting Australia does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Energy Smart Lighting Australia and its third parties take precautions to protect information, Energy Smart Lighting Australia does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Energy Smart Lighting Australia or its third party receives your transmission, Energy Smart Lighting Australia and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer Service team immediately via service@energysmartlighting.com.au.
  2. You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Energy Smart Lighting Australia nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

Cookies

  1. Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

Use of Your Information and Material

  1. Energy Smart Lighting Australia appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Energy Smart Lighting Australia. Energy Smart Lighting Australia may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Privacy Policy

  1. Energy Smart Lighting Australia’s Privacy Policy is available on this website and explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988.

Disclaimer

  1. Energy Smart Lighting Australia makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
  2. Energy Smart Lighting Australia do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Energy Smart Lighting Australia disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
  3. The use of the information on this website is at your own risk. To the extent permitted by law, each of Energy Smart Lighting Australia and Energy Smart Lighting Australia exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Energy Smart Lighting Australia limit their liability to the re-supply of the relevant information or services.
  4. You agree to indemnify Energy Smart Lighting Australia and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, and invasion of privacy and trademark infringement.

Governing Law and Jurisdiction

  1. These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

General

  1. These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Terms and Conditions of Sale

About Energy Smart Lighting Australia

  1. Your purchase of goods from energysmartlighting.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), and the Terms of Use. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
  2. OMANE PTY LTD ACN 105 903 615 (trading as Energy Smart Lighting Australia) of PO Box 2134, Bowral, NSW 2576 Australia, NSW 2575 (“us”, “our”, “we”, “Energy Smart Lighting Australia ”), carries on business from the website.
  3. The goods and services described in this website are only available from Energy Smart Lighting Australia’s website and will be available to purchase from the website or as specified, and where Energy Smart Lighting Australia accepts your offer, Energy Smart Lighting Australia will sell the goods or services to you in accordance with these Terms.
  4. You and Energy Smart Lighting Australia may enter into a sale contract for the sale and supply of products, by you making an offer to Energy Smart Lighting Australia via the website, to purchase goods at the specified price, subject to these Terms.
  5. In these terms:
  • “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
  • a reference to a “third party” in these terms includes a reference to any agent or contractor of Energy Smart Lighting Australia, Energy Smart Lighting Australia, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them.
  • a reference to the "websites" means energysmartlightig.com.au.
  • "Order" means an offer made by you in response to an invitation to treat made by Energy Smart Lighting Australia via the website.

User Agreement

  1. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
  2. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

Guests and Registered Users

  1. You may access and/or use the website as a guest or as a member.
  2. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Service team via service@energysmartlighting.com.au
  3. You will receive an email from us as soon as practicable after you create your membership account.
  4. We only permit one registration per email address.
  5. You must not use another members’ account without permission.
  6. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
  7. If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our customer service team.
  8. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

Legal Capacity

  1. You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
  2. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
    (a) are over the age of eighteen (18) years;
    (b)accept these terms;

    (c) agree that you have entered into a legal contract with Energy Smart Lighting Australia in relation to these terms; and

    (d)these terms, together with your order, constitute the entire agreement between you and Energy Smart Lighting Australia Online for the supply of products.
  3. Energy Smart Lighting Australia Online reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Energy Smart Lighting Australia may suffer as a result of a transaction entered into by a minor.

Orders

  1. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
  2. You and Energy Smart Lighting Australia may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
    (a) placing an electronic Order for the products using the website; 

    (b) you confirming the Order details in accordance with the procedure on the website;
    (c) you making payment in full (plus any applicable delivery charges) on the website; and 

    (d) the acceptance of that offer by Energy Smart Lighting Australia.
  3. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
    (a) any requirements set out in these terms have been met; 

    (b) the electronic instruction containing the offer from you enters and is recorded in our database; 

    (c) a record is created and stored in our database; and 

    (d) Energy Smart Lighting Australia receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
  4. You will receive an email from Energy Smart Lighting Australia as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the our customer service team via service@energysmartlighting.com.auor by calling 1800 889 486
  5. If your Order cannot be accepted by Energy Smart Lighting Australia, Energy Smart Lighting Australia will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
  6. Energy Smart Lighting Australia may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

Price

  1. Prices shown are in Australian dollars and include GST. Prices may not include delivery and handling charges. Prices are subject to change.
  2. We reserve the right to correct any errors published on the website.

Payment

  1. All payments must be made in full prior to delivery.
  2. Payments must be made via PayPal’s secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

Credit Card Fraud

  1. Energy Smart Lighting Australia will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Supply and Delivery

  1. Subject to you complying with these Terms and acceptance of your Order by Energy Smart Lighting Australia, Energy Smart Lighting Australia will sell and supply the products to you as shown on your Order confirmation.
  2. Products may not be available for immediate delivery. Energy Smart Lighting Australia will endeavor to deliver your Order to you within ten (10) days of the date you placed your Order.
  3. If Energy Smart Lighting Australia gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Energy Smart Lighting Australia will arrange for a full refund of any payment made by you to be processed.

Delivery by Post or Carrier

  1. The terms of this clause apply where you select to have your goods delivered to a specified address.
  2. The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
  3. On acceptance of your Order by Energy Smart Lighting Australia, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
  4. If you wish to change the delivery date or delivery address you must contact our customer service team via service@energysmartlighting.com.au or by calling 1800 889 486 at least 48 hours prior to the dispatch of your Order.
  5. Energy Smart Lighting Australia will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Energy Smart Lighting Australia does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
  6. Energy Smart Lighting Australia cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

Title and risk in goods

  1. Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

PayPal and credit card fraud

  1. The website employs the latest in Secure Sockets Layer technology from PayPal secure payment gateway to secure our payment systems.
  2. To the extent permitted by law, each of Energy Smart Lighting Australia and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

Disclaimer and Indemnity

  1. To the extent permitted by law, each of Energy Smart Lighting Australia and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    (a) errors, mistakes or inaccuracies on the website;
    (b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    (c) personal injury or property damage of any kind resulting from your access or use of the website;
    (d) any unauthorised access to or use of the websites secure servers;
    (e) any interruption or cessation of transmission to or from the website;
    (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
    (g) the quality or fitness for any purpose of any linked sites.
  2. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Energy Smart Lighting Australia and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
  3. You will at all times indemnify, and keep indemnified, Energy Smart Lighting Australia and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
  4. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.

Order Enquiries

  1. If you have any query about the progress of your Order please contact our customer service team via service@energysmartlighting.com.au or 1800 889 486. Please have your Order number handy as shown on the email confirmation.

Damaged or Faulty Products and Refund Policy

  1. If any product ordered by you arrives damaged or is not of acceptable quality you may have:
    (a) rights under the Refund Policy;
    (b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
    (c) to have the product replaced or to receive a refund of the price paid by you for the product.
  2. Please choose carefully as Energy Smart Lighting Australia will not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
  3. If your Order arrives damaged, please contact our customer service team via service@energysmartlighting.com.au or 1800 889 486 immediately.

Privacy and Personal Information

  1. Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988.
  2. The privacy of your personal information is important to Energy Smart Lighting Australia Online.
  3. Energy Smart Lighting Australia Online and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us via email or telephone. Personal information may include your name, residential and/or postal address, telephone number and email address.
  4. Your personal information is not collected if you only browse this website.
  5. Online payments are handled by Paypal. Energy Smart Lighting Australia Online does not store your credit card or banking details. Please check the paypal.com.au website for details of their privacy policies and security measures.
  6. Each of Energy Smart Lighting Australia, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Energy Smart Lighting Australia and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Energy Smart Lighting Australia thinks may be of interest to you. If you would prefer not to receive promotional or other material from Energy Smart Lighting Australia or its third parties, please let us know and Energy Smart Lighting Australia will respect your request. You also agree that Energy Smart Lighting Australia may contact you by telephone to arrange delivery or collection of your Order.
  7. You may request Energy Smart Lighting Australia to remove your personal information from its database by emailing services@energysmartaustralia.com.au
  8. For further details about Energy Smart Lighting Australia’s privacy practices please view our Privacy Policy on this website. Should you have any questions concerning your privacy, please contact us via service@energysmartlighting.com.au or our hotline 1800 889 486

Force Majeure

Any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Governing Law

These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Energy Smart Lighting Australia makes no representations that the content of the website complies with the laws of any country outside Australia.

Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Energy Smart Lighting Australia.

Transfer and Assignment

If Energy Smart Lighting Australia merges, sells or otherwise change control of its business or this website to a third-party, Energy Smart Lighting Australia reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Energy Smart Lighting Australia has collected from you and any agreements it has made with you.

Waiver

The failure by Energy Smart Lighting Australia to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Energy Smart Lighting Australia.


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