Anaconda Website Terms & Conditions of Use

This website is owned and operated by Anaconda Unit Trust ABN 53 955 173 782 ('Anaconda'). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms'). References to 'us' mean Anaconda and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to 'you' mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Copyright in website material

All of the material on and in relation to the website is and remains the property of Anaconda at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of Anaconda's copyright and other proprietary rights. You may copy and email our webpage URL's to your family and friends for private and non-commercial purposes.

Intellectual Property

Anaconda is the owner or authorised user of all intellectual property in and associated with the website. Anaconda is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.

You have no rights in or license to any of the intellectual property, trade marks, logos, content, names or designs, whether registered or unregistered, associated with the website.

Advertising

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Anaconda. Anaconda does not control the content of and is not responsible for the advertisements. Anaconda will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

Third party sites

This website may contain links to third party websites. These links are not recommendations or endorsements by Anaconda and Anaconda does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

Usernames and Passwords

If Anaconda authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).

Online Shopping

Once registered you will be entitled to shop online and purchase products securely with your valid credit card or pay pal account. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Product disclaimers

Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary slightly from what is displayed on your computer monitor and may vary from monitor to monitor.

Although listed on the website, some items, sizes, colours and styles might not be immediately available or temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.

Some products might require self-assembly or you may be required to obtain the assistance of a professional assembler at your own cost and expense.

Delivery

Please allow at least ten (10) working days for delivery of online orders. Delivery time is subject to stock availability, this period may be extended by up to thirty (30) days.

Shop at Home

Goods advertised in the current Anaconda® catalogue are available for purchase by telephone, facsimile or email by completing the Shop at Home order form at http://www.anaconda.com.au/ShopAtHome.aspx. Payment details must be provided on the order form.

Placement of an order using the Shop at Home order form is an offer to purchase Anaconda goods. Anaconda may accept your order by processing your payment and organizing delivery of the goods to your delivery address or may, for any reason (including circumstances where Anaconda has insufficient goods to fulfill the order or where the goods ordered have been discontinued), decline to accept your order or any part of your order. No order will be considered accepted by Anaconda® until payment has been processed and delivery arranged. If Anaconda® decline to accept your order, Anaconda will attempt to notify you using the telephone number provided on your Shop at Home order form.

If you use the Shop at Home service you warrant that all information provided in the order form is accurate, complete and up to date. You must promptly inform Anaconda if there is any change to this information.

You are responsible for any costs associated with accessing the Anaconda website and order form and for submitting the order form including any internet service provider fees and all telephone call charges.

A delivery cost of $5.95 will be applied to each order (maximum package weight 22kg, length 1m, girth 1.4m). You must pay any additional delivery costs due to exceeding the maximum package size. Anyone at the delivery address who receives the goods shall be presumed by Anaconda to be authorised to receive the goods.

 Property in the goods does not pass to you until you have paid all monies owing to Anaconda in full. Risk in the goods passes to you at the time the goods are delivered to the delivery address provided by you.

You may return goods purchased with proof of purchase within 30 days for a full refund (excludes postage and handling).

Prices

All references to $ and dollars on the website are to Australian currency. All prices were current at the time of publication on the website and are inclusive of GST.

Freight

Freight charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.

If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.

Content

"Content" means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.

"Disseminate" means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.

From time to time you might be entitled to create and upload Content to be stored on the Anaconda website provided that:

1. The Content will be your original work;
2. You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person;
3. The Content will not infringe the intellectual property rights of any third party;
4. The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube; and
5. You adhere to these Terms.

You grant Anaconda the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Anaconda website or via such other medium or channel as determined by Anaconda from time to time.

You consent to other Anaconda website users accessing, using and viewing the Content.

You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Anaconda website.

Anaconda has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.

You waive the following Moral Right's in respect of the Content that you create and upload:

1. The right to attribution of authorship as defined in the Copyright Act 1968, and
2. The right of integrity of authorship as defined in the Copyright Act 1968, and
3. The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.

This section headed "Content" survives the termination of these Terms.

Restrictions on use

You must not use the Anaconda website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:

1. the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material;
2. the impersonation or theft of another persons identity or falsely state or otherwise misrepresent your affiliation with a person, including Anaconda;
3. the creation or Dissemination of false or alias identities;
4. to harrass, threaten, stalk or otherwise communicate with any person against their will;
5. to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics;
6. the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Anaconda website, whichever is younger;
7. to defame, slander or libel any person;
8. for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities;
9. for the purpose of phishing;
10. for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means;
11. to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person;
12. to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable.

You must not:

1. copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Anaconda website by other people.
2. commercialise all or part of the Anaconda website;
3. use the Anaconda website or upload Content to promote, market, distribute or sell any goods or services;
4. make any adaptation, modification or derivative work of the other people's Content;
5. sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms;
6. use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:
   1. disable, damage, disrupt or disassemble all or part of the Anaconda website; or
   2. communicate or seek to communicate with persons using the Anaconda website;

Disclaimer

This website is provided to you by Anaconda "as is". To the fullest extent permitted by law, Anaconda excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:

1. merchantability and fitness of purpose;
2. the website meeting your particular interests and requirements;
3. the material on the website being accurate, complete or reliable;
4. the website and the server being available and free of defects;
5. the website and the server being free of technical problems or viruses; and
6. the confidentiality of information transmitted to or from the website.

You are entitled to statutory consumer guarantees under the Australian Consumer Law.  Anaconda does not exclude or limit those consumer guarantees.

Limitation of liability

To the fullest extent permitted by law, Anaconda excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:

1. your use or misuse of the website or any material on the website;
2. your inability to access or use the website or any material on the website;
3. the loss or modification of information or material transmitted to or from the website;
4. the loss of confidentiality in any information or material transmitted to or from the website;
5. any defect, technical problem or virus attached to or arising from the website or the server;
6. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
7. any injury or illness you or any other person sustains as a result of the use of the website; and
8. the products displayed on the website being unavailable at any time.

If Anaconda breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Anaconda for a breach of the applicable term, condition or warranty is limited to, at the election of Anaconda:

1. the resupply of the relevant product, advice, service, recommendation or information; or
2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

You are entitled to statutory consumer guarantees under the Australian Consumer Law.  Anaconda does not exclude or limit those consumer guarantees.

Indemnity

You indemnify Anaconda, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.

Privacy

Any personally identifiable information that you submit through or in relation to the website is collected and used by Anaconda in accordance with its Privacy Policy. You can review the Privacy Policy here http://www.anaconda.com.au/Privacy.asp

Additional Terms

Additional terms and conditions are attached to certain pages of the website such as the Anaconda Adventure Club or competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.

Changes to the website and your access

Without prior notice to you and in its absolute discretion, Anaconda reserves the right to:

1. vary or discontinue the website or any page of the website at any time; and
2. suspend or terminate your access to part or all of the website at any time,

and Anaconda is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

Changes to the Terms

Anaconda reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

Governing law

This website may be accessed in Australia and throughout the world. We make no representation that the content of this website complies with the laws outside Australia and your access of this website outside Australia is strictly at your own risk. These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.