Home of EmiVibe Artwork and our Famous Lucky Draws
Website T&C – Eminent Australia Pty Ltd
Last updated: 6 April 2022
1. Introduction
1.1. By using this website (located at https://eminentasia.com/ ), any related websites or URLs, social media platforms owned or operated by us (Websites) and our services, including making a purchase through the Websites, purchasing a Subscription from us and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
1.2. By agreeing to these Terms, you are entering into an agreement with Eminent Australia Pty Ltd (ACN 655 652 618), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Eminent or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
1.3. By accessing or using our Services, you warrant and represent to us that you: (a) have read, understand and agree to be bound by these Terms;
(b) are over the age of 18 years old; and
(c) have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
1.4. All of our terms and conditions and policies that are linked to or in the Websites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
2. Use of the Services
2.1. You agree that you are responsible for your access to our Services and for ensuring that any persons that may access the Services through your internet connection are aware of and compliant with, these Terms.
2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
2.3. When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us. You consent in advance to be contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.
3. Termination or suspension of your access or use of the Services
3.1. You agree that we may, in our sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of, the Services, including but not limited to by blocking your IP address or email and blocking, deactivating or deleting your Eminent Membership account or terminating your licence to use Eminent IP if you breach or become in breach of any of these Terms and we shall be released from our obligations to you under these Terms and shall not be liable to refund to you any pre-paid Subscription fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Eminent Membership account without the prior written consent of Eminent.
4. Orders and cancellations
4.1. You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms.
Orders
4.2. An order is accepted upon the latter occurring: (a) you have submitted your order;
(b) you have paid the purchase price in full, including any taxes, duties and shipping costs; and
(c) we have issued an order confirmation.
4.3. By placing an order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order.
4.4. Eminent reserves the right to: (a) accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
(b) request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
(c) cancel an order at any time, for any reason; and
(d) restrict the quantity or total value of goods available for purchase to each person or address.
4.5. Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Eminent shall not be liable for any loss or damage whatsoever arising from such acts.
Cancellations
4.6. Please note that you cannot cancel or amend an order once it has been placed (except as required by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law)).
4.7. In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Eminent as a direct result of the cancellation (including, but not limited to, any loss of profits).
5. Goods
Product images
5.1. Whilst we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.
Availability of Goods
5.2. All orders are made subject to availability. Whilst we use our best efforts to ensure that Goods are available for delivery, there may be some circumstances where Goods are unavailable.
5.3. Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis.
5.4. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods. Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your order. In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative good. If you do not vary or cancel your order within two (2) business days of notification, you are deemed to have accepted the delay.
5.5. We reserve the right to limit the sale of goods to reasonable or normal household quantities.
Recalls and bans
5.6. If any Goods are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Goods and you consent to us contacting you and you agree to inform any end-user of the Goods, including any gift recipient, of any recall applicable to such Goods.
6. Prices and payment
6.1. We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
Prices
6.2. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
6.3. Prices of Goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.
6.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
Payment
6.5. Full payment for the purchase of Goods is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
6.6. Payment may be made by the methods and to the accounts specified or approved by Eminent in writing.
6.7. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
7. Returns and refunds
Returns, refunds and defective Goods will be handled in accordance with our Returns Policy.
8. Delivery and shipping
8.1. Shipping and delivery will be handled in accordance with our Shipping Policy.
8.2. Delivery of the Goods (Delivery) is taken to occur at the time that Eminent’s nominated carrier takes possession of your Goods for delivery to your nominated address, even if you are not present at the address.
8.3. You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then Eminent shall be entitled to charge a reasonable fee for redelivery and/or storage.
8.4. Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. Eminent will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
9. Risk and title
9.1. If you or your freight company are collecting the Goods from us, risk of damage to or loss of the Goods and the collection passes on to you and you must insure the Goods on or before Delivery. If we are arranging delivery of the Goods, then risk and title of the Goods passes to you upon Delivery.
10. Promotions and discounts
10.1. Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$20 Discount’ coupon cannot be used during a ‘20% Off’ Sale.
10.2. Eminent reserves the right to: (a) terminate, modify or extend any promotional offer at any time, without notice; or
(b) cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
11. Intellectual Property
11.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to us, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
11.2. You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of us.
11.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or otherwise. We reserve all rights not expressly granted in the Services.
12. Privacy
12.1. You agree to allow us to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
13. Unauthorised access and malicious materials
13.1. You must not gain or attempt to gain unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.
13.2. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise, caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
14. Third Parties
14.1. Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
15. Limitation of Liability
15.1. To the maximum extent permitted by law, neither Eminent, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with: (a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any use of the information on or access to the Services including if for any reason the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any goods or services supplied by Eminent; or
(e) these Terms or any breach of these Terms.
15.2. You understand and agree that you are responsible for your own acts, omissions and negligence and any consequences to your acts, omissions or negligence or from your use of the Services.
15.3. To the maximum extent permitted by law, our liability under these Terms shall be limited to any one or more of the following: (a) the replacement of the Goods or re-supply of equivalent goods or services;
(b) the repair of such Goods or services;
(c) the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
(d) the payment of the cost of having the Goods repaired.
15.4. To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly stated in the Services or if required under the Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
15.5. This clause survives termination of these Terms.
16. Disclaimer of Warranty
16.1. We provide the Websites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Websites regularly, neither Eminent, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Websites.
16.2. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
17. Release and Indemnity
17.1. You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Websites, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
17.2. This clause survives termination of these Terms.
18. Amendments and correction of errors
18.1. We reserve the right to amend these Terms from time to time as we see fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.
18.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
18.3. We reserve the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
19. General
19.1. Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent us from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
19.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that we will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
19.3. Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
19.4. Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Eminent and you or any other party unless expressly stated otherwise.
19.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
19.6. Jurisdiction: These Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.
Gladwin Legal | www.gladwinlegal.com.au A: PO Box 302, Ormond, VIC, 3204 | E: info@gladwinlegal.com.au | P: 1300 033 934 Liability limited by a scheme approved under Professional Standards Legislation.
Membership T&C – Eminent Australia Pty Ltd
Last updated: 01 April 2022
1. Introduction
1.1. By agreeing to these Terms, you are entering into a legally binding agreement with Eminent Australia Pty Ltd (ACN 655 652 618), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Eminent or we or us).
1.2. Capitalised terms not defined in these Membership Terms are defined in our Website Terms and Conditions and apply to these Membership Terms.
1.3. You agree to comply with all Terms that are linked to or in the Websites, including our Privacy Policy, when accessing or using our Services.
2. Subscription
2.1. We offer a Subscription, you will receive access to various discount codes and/or invitations to a variety of events (Subscription), on a monthly/yearly basis as selected by you at checkout (Subscription Period). The details and prices of the tier of Subscription are listed on our Packages page.
2.2. To access and use the Subscription, you will need to register for an account with Eminent by completing your details here.
2.3. You agree that you are solely responsible for maintaining the confidentiality of your account details and credentials, including your password.
Payment
2.4. Upon purchase of any Subscriptions, you authorise Eminent and our relevant payment processors to obtain payment from you for the Subscriptions as and when our fees become due (including, without limitation, ongoing subscription fees plus relevant taxes and duties) and to store your payment information and any other information related to your payment or provision of the Services as outlined in our Privacy Policy.
2.5. From time to time, Eminent may offer various payment methods, including without limitation, payment by credit card, debit card, mobile payment providers or payment gateway websites such as Stripe. When you select to pay Eminent for a Subscription, you authorise Eminent to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Subscription.
2.6. You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers.
2.7. Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Subscriptions reaffirms that we are authorised to charge your Payment Method.
2.8. If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any content affiliated with the Service and charge interest of 10% p.a. on unpaid amounts.
Pricing
2.9. Eminent reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all prices for Subscriptions are subject to change in our sole discretion provided that if you have signed up to a Subscription, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term.
2.10. If we do not notify you 10 days before the end of your then current term of any price increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Subscription at the price prior to the price increase for a period of 10 days following which you may terminate the Subscription with immediate effect (provided notice is received within the 10 days’ notice of the price increase) or continue the Subscription at the increased price.
Cancellation
2.11. You may cancel your Subscription at any time, at least 30 days prior to the end of your billing period, on the Account Settings page.
2.12. If you cancel your Subscription, your Subscription benefits will continue until the end of your then current subscription term, but your Subscription will not be renewed after that term expires. Except in accordance with Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) or if we cancel your subscription without cause, you will not be entitled to a prorated refund of any portion of the Subscription fees paid for the then current subscription term.
2.13. Eminent provides remedies (such as cancellation of your Subscription, renewal of your Subscription or where necessary, a refund of amounts paid) if the Subscriptions are not provided in accordance with the Australian Consumer Law.
Automatic Renewal of Subscriptions
2.14. If you have purchased a Subscription and you do not cancel your Subscription prior to the end of the Subscription term, your Subscription will be automatically renewed at the end of each term for a further term of the same duration as the expiring Subscription term for our then-current subscription fee.
2.15. You acknowledge and agree that your payment method will be automatically charged for such Subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees and you do not subsequently cancel your subscription.
3. Discounts and events
3.1. By purchasing a Subscription, you will receive access to discounts, promotions and offers (Offers) and invitations to events (Events) from third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform to provide you with access to the Offers and Events and do not manage or run the Events themselves.
3.2. You acknowledge and agree that the Offers and Events are subject to their own terms and conditions as set out with the Offer or Event or by the Service Provider.
3.3. You agree that, to the maximum extent permitted by law: (a) we are not liable for any information published or provided by any Service Providers;
(b) we do not endorse any of the Service Providers or their goods/services;
(c) the Service Provider is solely liable and responsible for the Offers and Events, the redemption of Offers, the operation and running of any Events and the provision of its goods/services;
(d) you will direct any issues relating to the Offers or Events to the Service Provider directly;
(e) we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including Service Providers;
(f) we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Offer or attending an Event; and
(g) we are not an agent for any Service Provider and have no responsibility or liability for the communications or conduct of such Service Provider, including but not limited to any fulfilment of an Offer, organisation or management of any Event or quality of the goods or services provided by a Service Provider.
3.4. We reserve the right to deactivate, cancel or remove any Offer or vary, cancel or remove any Event, at any time and for any reason with written notice to you.
3.5. You agree that the Service Provider may, in its sole discretion, reject the redemption of an Offer if your redemption of such Offer breaches the Offer’s terms and conditions or other policies set by the Service Provider.
3.6. Offers cannot be transferred or redeemed for cash and are not legal tender.
4. Trade Promotions
4.1. If you make a purchase with us, whether it be a purchase of a Good or a Subscription, you may receive entries into a trade promotion conducted by us. You acknowledge and agree that the relevant trade promotion is subject to its own terms and conditions and agree to comply with such terms and conditions.
4.2. We reserve the right to modify, suspend or terminate any trade promotions in our sole discretion.
5. Your information, errors and access
Current Information Required
5.1. You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
5.2. Where your Payment Method is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your Payment Method, you agree to notify Eminent as soon as you become aware of the issue. Failure to provide such information to Eminent may result in charges to your current Payment Method for the Subscriptions, and you acknowledge that you remain responsible for these charges.
Errors and Incorrect Payments
5.3. Eminent reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including Subscriptions, and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.
Termination or suspension of your access or use of the Services
5.4. You agree that Eminent may, in its sole discretion, immediately and without notice to you, terminate, limit your access to, or suspend your access or use of the Services, including but not limited to blocking your IP address or email, blocking, deactivating or deleting your Eminent account and terminating your licence to use Eminent IP, if you breach or become in breach of any of these Membership Terms. If such breach occurs, Eminent shall be released from its obligations to you under these Membership Terms and shall not be liable to refund to you any pre-paid Subscription fees or for any loss caused to you by such action. If your Services have been terminated due to your breach, you agree that you will not create another Eminent account without prior written consent of Eminent.
5.5. You agree that Eminent may, in its sole discretion, immediately and with 5 days’ notice to you, terminate, limit your access to or suspend your access or use of the Services for any reason. Eminent may, at its election: (a) continue to provide your Subscription benefits until the end of your then current subscription term, cease providing the Subscriptions after that term expires; or
(b) immediately cease providing the Services or Subscription benefits and provide a prorated refund of any portion of the Subscription fees paid for the then current subscription term.
6. Prices and payment
6.1. We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
Prices
6.2. Unless specified otherwise, prices displayed in our Services are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
6.3. Prices of the Subscription, as well as any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.
6.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
Payment
6.5. Full payment for the purchase of the Subscription is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
6.6. Payment may be made by the methods and to the accounts specified or approved by Eminent in writing.
6.7. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
7. Termination
7.1. Without prejudice to any other remedies, Eminent may:
(a) cancel all or any part of any order or suspend or terminate the supply of the Subscription to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Membership Terms; or
(b) terminate these Membership Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.
7.2. If we cancel your Subscription and you are not in breach of these Membership Terms, we will issue you with a pro-rated refund of the purchase price of any part of Subscription paid for but not supplied. To the maximum extent permitted by law, Eminent will not be liable to you for any further loss or damage you suffer because Eminent has exercised its rights under this clause or these Membership Terms.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, neither Eminent, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with: (a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b) any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period;
(c) any errors in, or omissions from, the information contained in the Services;
(d) any trade promotion or competition operated by Eminent and any associated prizes;
(e) any Offer or Event;
(f) any errors, inaccuracies or incorrect details on any Offer or listing of an Event;
(g) any act, omission, conduct or goods or services supplied by a Service Provider; and
(h) these Membership Terms or any breach of these Membership Terms.
8.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
8.3. To the extent permitted by law, Eminent expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Membership Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
8.4. We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
8.5. This clause survives termination of these Membership Terms.
9. Release and Indemnity
9.1. You agree to release and indemnify and hold Eminent and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Eminent, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. 9.2. This clause survives termination of these Membership Terms.
10. Amendments and correction of errors
10.1. Eminent reserves the right to amend these Membership Terms from time to time as it sees fit. Any amendments or changes to these Membership Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.
10.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Membership Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Membership Terms by checking this page, which contains our most accurate and up to date version of our Membership Terms.
10.3. Eminent reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
11. General
11.1. Waiver: Any failure or delay by Eminent in exercising a power or right (either wholly or partially) in relation to these Membership Terms does not operate as a waiver or prevent Eminent from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Membership Terms.
11.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Membership Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Eminent will not be held liable for any delay or failure in performance of any part of the Services or Subscriptions.
11.3. Severability: If any part of these Membership Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Membership Terms. Such invalidity does not affect the validity of the remaining provisions of these Membership Terms. This clause survives termination of these Membership Terms.
11.4. Relationship: These Membership Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Eminent and you or any other party unless expressly stated otherwise.
11.5. Entire agreement: These Membership Terms (and all other terms and conditions and policies that are incorporated by these Membership Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Membership Terms and any additional Terms, the Membership Terms will prevail. This clause survives termination of these Membership Terms.
11.6. Jurisdiction: These Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Membership Terms.
