www.sijag.com.au ("Website") is an Internet based portal owned and operated by Sijag Pty Ltd. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Sijag Pty Ltd at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.1.2
Sijag Pty Ltd agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Sijag Pty Ltd shall not be liable to deliver any merchandise or Services purchased by Users for delivery in locations outside Australia unless otherwise mentioned.
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Sijag Pty Ltd system by Sijag Pty Ltd for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in Australia. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Sijag Pty Ltd through Your legal guardian in accordance with the applicable laws.2.2
Sijag Pty Ltd reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.2.3
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
Sijag Pty Ltd makes the Services available to You through the Website only if You have provided Sijag Pty Ltd certain required User information and created an account through Sijag Pty Ltd ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID etc.3.2
The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Sijag Pty Ltd of any unauthorised use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Sijag Pty Ltd cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.2. You may be held liable for losses incurred by Sijag Pty Ltd or any other user of or visitor to the Website due to authorised or unauthorised use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.3.3
The Website also allows restricted access to the Services for unregistered Users.3.4
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.3.5
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sijag Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sijag Pty Ltd has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
Sijag Pty Ltd strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer.4.2
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Sijag Pty Ltd expressly disclaims all liabilities that may arise as a consequence of any unauthorised use of Your credit/ debit card.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 6.5.4
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Sijag Pty Ltd. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.5.5
If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensice and in accordance with applicable laws. Further, You undertake not to:
You agree that Sijag Pty Ltd may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
Except as expressly indicated to the contrary in any applicable Additional Terms, Sijag Pty Ltd hereby grants You a non-exclusive, freely revocable (upon notice from Sijag Pty Ltd), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Sijag Pty Ltd and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.7.2
The trademarks, logos and service marks displayed on the Website are the property of Sijag Pty Ltd or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Sijag Pty Ltd, the vendor or the third party that may own the Marks.7.3
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Sijag Pty Ltd owns all intellectual property rights to the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.7.4
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorisation from Sijag Pty Ltd or thirty party owner of such Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:8.1
SIJAG PTY LTD WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORISED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SIJAG PTY LTD HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SIJAG PTY LTD NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SIJAG PTY LTD SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SIJAG PTY LTD SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SIJAG PTY LTD 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SIJAG PTY LTD ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.8.3
SIJAG PTY LTD SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
You agree that Sijag Pty Ltd may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.9.3
You agree that all terminations shall be made in Sijag Pty Ltd's sole discretion and that Sijag Pty Ltd shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.10.4
If You or Sijag Pty Ltd terminates Your use of the Website, Sijag Pty Ltd may delete any content or other materials relating to Your use of the Website and Sijag Pty Ltd will have no liability to You or any third party for doing so.