UDOO TERMS AND CONDITIONS OF USE
- About the Website
Welcome to www.udoo.com.au (the ‘Website’). The Website provides you with an
opportunity to purchase a range products that have been listed for sale through the
Website (the ‘Products’). - Acceptance of the Terms
By accessing and/or using our Website, you agree to these terms and conditions (Terms)
and our Privacy Policy available at http://udoo.com.au/wpcontent/uploads/2019/12/UDOO-Privacy-Policy.pdf. Please read these Terms carefully and
immediately cease using the Website if you do not agree to them. - Variations
We may, at any time and at our discretion, vary these Terms by publishing the varied terms
on our Website. We recommend you check the Website regularly to ensure you are aware
of the current Terms. Materials and information on this Website (Content) are subject to
change without notice. We do not undertake to keep the Website up-to-date and we are
not liable if any Content is inaccurate or out-of-date. - Purchase of Product and Returns
4.1. A product may be ordered by selecting the Product and completing the checkout
process in accordance with these Terms (Order).
4.2. By placing an Order you agree to the purchase price listed on the Website at the time
of payment.
4.3. Payment for the Order may be made via PayPal, Square, Afterpay (Payment Gateway
Provider). By using these services you agree that you have read and agreed to the
Payment Gateway Provider’s Terms and Conditions and Privacy Policy.
4.4. Product returns may be accepted at Udoo’s sole discretion if the Product is returned
within 30 days of purchase. The Product must be returned unopened and in a saleable
condition. Upon accepting the return Udoo will provide a refund on the Product. You
agree that you are responsible for payment of any postage costs associated with a
refund under this clause. - Cancelling an Order
5.1. An Order or any part of an order may be cancelled by Udoo at any time, including after
acceptance of the order, if:
a) the Products are out of stock; or
b) there is an error in the description or price of the Product; or
c) there is an issue with the delivery address provided (Udoo will contact you prior
to cancellation to obtain correct delivery information.); or
d) delivery to an address is deemed unreasonable by Udoo due to the cost of
delivery to this address.
5.2. An Order may be cancelled at any time prior to despatch of the order by contacting
support@udoo.com.au. Once the Order has been despatched the order can not be
cancelled and may only be returned in accordance with the Purchase of Products and
Returns Policy in these Terms and Conditions.
5.3. Upon cancellation of an Order Udoo will refund the Order value or part thereof equal
to the cancelled portion. - Delivery
6.1. Your Order includes delivery (Delivery) provided by a third-party delivery company
(Courier).
6.2. You acknowledge that Udoo does not undertake the delivery and only facilitates your
interaction with the Courier in the provision of these delivery services.
6.3. Udoo cannot complete deliveries to PO Boxes, if a PO Box address is provided we will
email you to supply an alternate address. If an alternate address is not supplied the
Order will be cancelled.
6.4. If an item is lost or damaged during the delivery process please contact us via email at
support@udoo.com.au with details of the damage or lost item. - Risk and Title
Risk and Title to the Products will pass to you immediately on delivery to the delivery
address. - Prohibited Conduct
You must not do or attempt to do anything: that is unlawful; prohibited by any laws
applicable to our Site; which we would consider inappropriate; or which might bring us or
our Site into disrepute, including (without limitation):
a) anything that would constitute a breach of an individual’s privacy (including
uploading private or personal information without an individual’s consent) or any
other legal rights;
b) using our Site to defame, harass, threaten, menace or offend any person;
c) interfering with any user using our Site;
d) tampering with or modifying our Site, knowingly transmitting viruses or other
disabling features, or damaging or interfering with our Site, including (without
limitation) using trojan horses, viruses or piracy or programming routines that
may damage or interfere with our Site;
e) using our Site to send unsolicited email messages; or
f) facilitating or assisting a third party to do any of the above acts. - Exclusion of Competitors
You are prohibited from using our Website, including the Content, in any way that
competes with our business. - Website Information
The Content provided is not comprehensive and is for general information purposes only. It
does not take into account your specific needs, objectives or circumstances, and it is not
advice. While we use reasonable attempts to ensure the accuracy and completeness of the
Content, we make no representation or warranty in relation to it, to the maximum extent
permitted by law. - Intellectual Property
Unless otherwise indicated, we own or licence all rights, title and interest (including
intellectual property rights) in our Website and all of the Content. Your use of the Website
and your use of and access to any Content does not grant or transfer to you any rights, title
or interest in relation to our Website or the Content. You must not:
a) copy or use, in whole or in part, any Content;
b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or
circulate any Content to any third party; or
c) breach any intellectual property rights connected with our Website or the
Content, including (without limitation) altering or modifying any of the Content,
causing any of the Content to be framed or embedded in another website or
platform, or creating derivative works from the Content. - User Content
12.1. You may be permitted to post, upload, publish, submit or transmit relevant
information and content (User Content) on our Website. By making available any User
Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free licence to use the User Content, with the right
to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate,
publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise
exploit such User Content on, through or by means of our Website.
12.2. You agree that you are solely responsible for all User Content that you make
available on or through our Site. You represent and warrant that:
a) you are either the sole and exclusive owner of all User Content or you have all
rights, licences, consents and releases that are necessary to grant to us the rights
in such User Content (as contemplated by these Terms); and
b) neither the User Content nor the posting, uploading, publication, submission or
transmission of the User Content or our use of the User Content on, through or
by means of our Website will infringe, misappropriate or violate a third party’s
intellectual property rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.
12.3. We do not endorse or approve, and are not responsible for any User Content.
We may, at any time (at our sole discretion), remove any User Content. - Third Party Websites
Our Website may contain links to websites operated by third parties. Unless expressly
stated otherwise, we do not control, endorse or approve, and are not responsible for, the
content on those websites. You should make your own investigations with respect to the
suitability of those websites. - Warranties and Disclaimers
14.1. To the maximum extent permitted by law, we make no representations or
warranties about our Website or the Content, including (without limitation) that:
a) they are complete, accurate, reliable, up-to-date and suitable for any particular
purpose; or
b) access will be uninterrupted, error-free or free from viruses; or
c) our Site will be secure.
14.2. You read, use and act on our Website and the Content at your own risk. - Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or
expense, howsoever arising including under contract, tort (including negligence), in equity,
under statute or otherwise, whether direct or indirect and/or whether present,
unascertained, future or contingent (Liability) suffered by you or any third party, arising
from or in connection with your use of any Product purchased from our Website, our
Website and/or the Content and/or any inaccessibility of, interruption to or outage of our
Website and/or any loss or corruption of data and/or the fact that the Content is incorrect,
incomplete or out-of-date. - Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless,
against any Liability suffered or incurred by us arising from or in connection with your use of
our Website or any breach of these Terms or any applicable laws by you. This indemnity is a
continuing obligation, independent from the other obligations under these Terms, and
continues after these Terms end. It is not necessary for us to suffer or incur any Liability
before enforcing a right of indemnity under these Terms. - Termination
These Terms are effective until terminated by us, which we may do at any time and without
notice to you. In the event of termination, all restrictions imposed on you by these Terms
and limitations of liability set out in these Terms will survive. - Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that
provision must be read down as narrowly as necessary to allow it to be valid or enforceable.
If it is not possible to read down a provision (in whole or in part), that provision (or that part
of that provision) is severed from these Terms without affecting the validity or
enforceability of the remainder of that provision or the other provisions in these Terms. - Jurisdiction
19.1. Your use of our Site and these Terms are governed by the laws of Queensland.
You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts
operating in Queensland and any courts entitled to hear appeals from those courts and
waive any right to object to proceedings being brought in those courts.
19.2. Our Site may be accessed throughout Australia and overseas. We make no
representation that our Site complies with the laws (including intellectual property
laws) of any country outside Australia. If you access our Site from outside Australia,
you do so at your own risk and are responsible for complying with the laws of the
jurisdiction where you access our Site.
