ELBOWROOM (AUST) PTY LTD – WEBSITE + ONLINE RETAIL STORE

This website is owned and operated by Elbowroom (Aust) Pty Ltd, ABN: 6910527508

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and anyor all Agreements: "Client", "You" and “Your” refers to you, the person accessing this website and accepting theCompany’s terms and conditions. "The Company", "Ourselves", “We” and "Us", refers to our Company. “Party”,"Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer,acceptance and consideration of payment necessary to undertake the process of our assistance to the Client inthe most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the expresspurpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, inaccordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in thesingular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company, on a need to know basisonly, use any information collected from individual customers. We constantly review our systems and data to ensurethe best possible service to our customers. Parliament has created specific penalties for unauthorised actions againstcomputer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civilproceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and theirrespective Client records may be passed to third parties. However, Client records are regarded as confidential andtherefore will not be divulged to any third party, other than our managed confidential service providers and,if legally required to doso, to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client recordswe keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copiesof any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients withappropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of bothparties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address forunsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreedservices and products.

Disclaimer

Exclusions and Limitations

The information on this website is provided on an “as is" basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which are or may beprovided by any affiliates or any other third party, including in relation to any inaccuracies or omissions inthis website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes,without limitation, direct loss, loss of business or profits (whether or not the loss of such profits wasforeseeable, arose in the normal course of things or you have advised this Company of the possibility ofsuch potential loss), damage caused to your computer, computer software, systems and programs and thedata thereon or any other direct or indirect, consequential and incidental damages.

The aboveexclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer areaffected.

Payment

Cash,Cheque, Visa, Master Card or EFT Transfer are allacceptable methods of payment. A 2% surcharge applies to all credit card transactions.  Our Terms are payment in full prior to release of goods. All goods remain the property ofthe Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest atthe rate of 2% above the prevailing Reserve Bank of Australia base rate on the outstanding balance until such time as thebalance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaidsixty days from the date of invoice via collection agencies and/or through the Small Claims Court in the event that theoutstanding balance does not exceed $5,000.In such circumstances, you shall be liable for any and all additionaladministrative and/or court costs.

Returned cheques will incur a $50 charge to cover banking fees and administrative costs. In an instance of a secondreturned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cashtransactions only. Consequently, all bookings and/or transactions and agreements entered into will cease withimmediate effect until such time as any and all outstanding monies are recovered in full.

Shipping Policy

All orders are shipped using road transport via Toll IPEC unless otherwise requested, which may incur additional charges. The shipping charge will vary according to the product ordered and your location. Charges are calculated according to competitive rates provided and minimum handling fees charged where necessary.

Please allow 5-14 days for road transport nationally. Every effort is made to ensure orders are processed daily Monday to Friday and shipped within 48 hours of receipt of order. Additionally, we endeavour to ensure all orders made during weekends and public holidays are processed on the following business day. Please ensure there is someone able to receive your ordered products, otherwise your package may be returned to us and additional charges may then apply. If you require additional information on the progress of your order please contact us via the enquiry forms or direct telephone numbers displayed on this site.

If an ordered item is inadvertently discovered to be out of stock, contact will be made and an option to refund the order will be given which will be issued back to your account within two to three business days. For credit card transactions a surcharge of 2.00% of sale value will be charged which is non-refundable should a return be requested.

Cancellation Policy

Minimum 24 hours-notice of cancellation is required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds Policy

Both the client and ourselves have the right to terminate any services agreement for any reason, including theending of services that are already underway. No refunds shall be offered where a service is deemed to have begunand is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment inrespect of the provision of unused services shall be refunded.

Availability

Unless otherwise stated, the services featured on this website are only available within Australia, or inrelation to postings from Australia. All advertising is intended solely for theAustralian market. Youare solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and textavailable through this site. Redistribution or republication of any part of this site or its content is prohibited, includingsuch by framing or other similar or any other means, without the express written consent of the Company. TheCompany does not warrant that the service from this site will be uninterrupted, timely or error free, although it isprovided to our best ability. By using this service you thereby indemnify this Company, its employees, agents andaffiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track users’ movement, and gather broad demographicinformation for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, forsystems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically logstandard access information including browser type, access times/open mail, URL requested, and referral URL. Thisinformation is not shared with third parties and is used only within this Company on a need-to-know basis. Anyindividually identifiable information related to this data will never be used in any way different to that stated abovewithout your explicit permission.

Cookies

Like most interactive websites, this Company’s website [or ISP] may use cookies to enable us to retrieve user details foreach visit. Cookies may be used in some areas of our site to enable the functionality of this area and ease of use forthose people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to apage of this website you do so at your own risk and the exclusions and limitations set out above will apply to your useof this website by linking to it.

Links from this website

We do not monitor or review the content of other parties’ websites which are linked to / from this website. Opinionsexpressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not beregarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacypractices, or content, of these sites. We encourage our users to be aware when they leave our site and to read theprivacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected tothis site or accessed through this site yourself, before disclosing any personal information to them. This Company willnot accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from yourdisclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and thefull content of this website.

This Company’s logo is a registered trademark of this Company inAustralia and other countries. Thebrand names and specific services of this Company featured on this web site are trade-marked.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This Company is registered in Australia, ACN 105 272 508, Registered Office in Wishart, Qld, 4122

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such an event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

Waiver

Failure of either party to insist upon strict performance of any provision of this or any agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties.

General

The laws of Queensland govern these terms and conditions. By accessing this you consent to these terms and conditions and to the exclusive jurisdiction of the Queensland courts in all disputes arising out of such access. lf any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These Terms and Conditions form part of the agreement between the client and ourselves. Your accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory consumer rights are unaffected.

© ELBOWROOM (AUST) PTY LTD 2011 All Rights Reserved