Terms and Conditions - Nutcase Helmets Australasia - I Love My Brain!

Terms and Conditions

Acceptance 
The "nutcasehelmets.com.au" website ("website") is owned and operated by Eureka Australia Pty Ltd ABN 92 060 341 906 ("Eureka") as the appointed exclusive distributor of Nutcase Helmets in this territory. When using this website you accept the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). Please read! We reserve the right to amend the website and the Terms and Conditions at any time and from time to time without notice. 

Capacity 
Nutcase products are available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years. Should Eureka suffer any loss or damage as a result of a transaction entered into by a minor, Eureka reserves the right to seek compensation and to take legal action for such losses from the parents or guardians of the minor who caused the order to be placed. 

Orders 
Any order placed by you on this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) shown at the time of your order. Eureka reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. The rejection of any offer by Eureka is at the sole discretion of Eureka. Your contract with Eureka only comes into existence when Eureka forwards to you confirmation of receipt of your order and payment. 

Prices 
All prices displayed on the website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the website are at the sole discretion of Eureka. 
Goods and Services ("GST") and Other Taxes 
Prices displayed on this website are inclusive of GST applied at the rate of 10% as required by Australian law. 

Delivery 
Please read the Shipping service page contained on this site. The delivery times are indicative only and Eureka will not be liable for any failure by external courier or postal services to observe these delivery times. 
Risk and Title 
Eureka will retain title to the products you order until you have made payment in full for those products but all risk in the products will pass to you upon the delivery of the products to, or the collection of the products by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the products and your personal use of them once they pass to you. 

Refunds 
The circumstance in which Eureka is obliged to make a Refund (if at all) is detailed in its Returns service page. 

Limitation of liability 
Transactions: Eureka will in no way be liable for any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Eureka or related entities of Eureka have been advised of the possibility of such loss or damage. 

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Eureka for any breach of such term, condition or warranty shall be limited, at the option of Eureka, to any one or more of the following: 
if the breach relates to goods: 
  • the replacement of the goods or supply of equivalent goods; 
  • the repair of such goods; 
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or 
  • the payment of the cost of having the goods repaired 
if the breach to relates to services: 
  • the supplying of the services again; or 
  • the payment of the cost of having the services supplied again. 
Eureka is not obliged or responsible to act in favour or customers who have purchased Nutcase goods from outside Australasia. Please return or make claims to the retailer or distributor in that country. 
Disclaimer 
You agree that your access to, and use of, this website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. 
While the information and material contained on the website is believed to be accurate and current, it is provided by Eureka in good faith on an "as is" basis. Eureka, related entities of Eureka and the directors, officers and employees of Eureka accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the website. 
Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Eureka. 
Subject to any non-excludable provisions in the Trade Practices Act 1974 (Cth), Eureka expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non infringement of intellectual property rights relating to information or materials accessible from or on this website. 
Eureka shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Eureka is expressly advised of the possibility of such loss or damage. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website. 
By using this website and agreeing to these Terms and Conditions, you agree to indemnify Eureka and its employees, officers, agents, shareholders and other persons involved in the creation of this website and hold Eureka and its employees, officers, agents, shareholders and other persons involved in the creation of this website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth). 

Copyright 
Eureka is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means: 
  • copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website; 
  • perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on this website without the specific prior written consent of Eureka; 
  • alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or 
  • use or apply, for commercial purposes any material or information on this website, without the prior written consent of Eureka. 
Any software which you down load from this website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence. 
All trademarks, brands and names appearing on this website are the property of their respective owners. 
Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. 

Confidentiality 
You should not send any information or material that you consider to be confidential or proprietary, to Eureka or any other person, through this website. Any information or material sent to Eureka at, or through this website, is deemed to be not confidential. You are deemed to grant to Eureka an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. Eureka is free to use any ideas, concepts, know-how or techniques that you send to Eureka, for any purpose. 
Links and Third-Party Statements on this Website 
The website may have links to websites. They are not maintained, controlled or associated with Eureka. Eureka makes no endorsements, representations or warranties about any other website which you may access through this website ("Other Website/s"). We accept no responsibility for Other Websites. You must take your own precautions to ensure that any Other Website that you access by link from this website is free from viruses, worms, Trojan horses and other material of a destructive nature. 

Eureka will not monitor or review statements made by persons other than Eureka ("Third Parties") on this website. Third Parties may post statements or information on some portion of this website, from time to time ("Third Party Posted Material"). Eureka makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Eureka expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Eureka is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this website, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Eureka has been expressly advised of the possibility of such loss or damages. 
You must indemnify and keep indemnified Eureka in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both. 

Viruses 
Eureka does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Eureka will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Eureka, it shall be limited to the cost of re-supplying that information. 

Applicable law 
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia. This website may be accessed throughout Australia and overseas. Eureka makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website. 

Limitations on Use 
Eureka may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If Eureka makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to Eureka within five (5) business days after that request, that you have done so. 

Relevant Parties 
Any indemnity, agreement, representation or promise provided by you to Eureka as set out in these Terms and Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of Eureka and any related entity of Eureka in relation to this website. 

© Eureka Australia Pty Ltd ABN 92 060 341 906. All rights reserved.