Terms of service

About the Website

Welcome to esup.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’)

The Website is operated by e.sup pty ltd (ACN 644 566 585). Access to and use of the Website, or any of its associated Products or Services, is provided by e.sup pty ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

e.sup pty ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When e.sup pty ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.

By remaining on the Website you accept and agree to the Terms.

Registration and the use of Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to: Email address, Preferred username, Mailing address, Telephone number, Password.

Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

As a Member, you agree to use the Purchase Services only for purposes that are permitted by the Terms. As a Member, you have the sole responsibility for protecting the confidentiality of your password and/or email address.

In using the Purchase Services to purchase the Product through the
Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

Payment of the Purchase Price will be made through a third party Payment Gateway Provider. In using the Purchase Services you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

Following payment of the Purchase Price being confirmed by e.sup pty ltd, you will be issued with a receipt to confirm that the payment has
been received.

Returns Policy

e.sup pty ltd, provide a refund on the return of the Product(s) within 30 days if you are not satisfied with the Product. Any refund pursuant to this clause will be issued on receipt of the Product(s). The Products returned must be at least 75% full. Products must be returned to Ground Floor, 19-21 South Steyne, Manly NSW 2095.

Delivery

You acknowledge that the Purchase Services offered by e.sup pty ltd integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).

In providing the Purchase Services, e.sup pty ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that e.sup pty ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, e.sup pty ltd asks that you notify both the Delivery Service Provider directly and hello@esup.com.au outlining the damage to the Products.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of e.sup pty ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by e.sup pty ltd or its contributors.

e.sup pty ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark,
industrial design, patent, registered design or copyright of e.sup pty ltd; or

(b) the right to use or exploit a business name, trading name,
domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system
or process).

You may not, without the prior written permission of e.sup pty ltd and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for
any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

e.sup pty ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to e.sup pty ltd ‘s Privacy Policy, which is available on the Website.

General Disclaimer

You acknowledge that e.sup pty ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

e.sup pty ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) e.sup ty ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of e.sup pty ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of e.sup pty ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of e.sup pty ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of e.sup pty ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for the User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

e.sup pty ltd ‘s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of e.sup pty ltd is the resupply of information or Purchase Services to you.

You expressly understand and agree that e.sup pty ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

e.sup pty ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of e.sup pty ltd, by third parties or by any of the Pur chase Services offered by e.sup pty ltd.

You acknowledge that e.sup pty ltd does not provide the Delivery Services to you and you agree that e.sup pty ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Indemnity

You agree to indemnify e.sup pty ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

Venue and Jurisdiction

The Purchase Services offered by e.sup pty ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part or parts of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.