Warranty & Returns
We want you to be completely satisfied with your purchase. In the unlikely event that our product does not meet your expectations, please email firstname.lastname@example.org, or contact us via our contact page.
Warranty & Returns are covered at Item 13
TERMS OF SERVICE
1. Notice and Warning
1.1. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE WEBSITE AND PROCEEDING WITH ANY TRANSACTIONS OR PURCHASES OF PRODUCTS AND / OR SERVICES. BY VISITING THIS SITE AND / OR MAKING A PURCHASE WITH EPOWERMAC YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY SAME. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MUST IMMEDIATELY CEASE ALL ACCESS TO THE WEBSITE AND ARE PROHIBITED FROM PLACING ANY ORDER FOR THE PURCHASE OF PRODUCTS AND / OR SERVICES WITH EPOWERMAC.
1.2. ePowermac offers the Website, including all information, tools, Services and Products available from this site to You, the user, on the terms and conditions set out in this Agreement.
1.3. These terms and conditions cover Your use of the Website and all purchases of Products and / or Services and Services from ePowermac.
2.1. Your use of the Website is subject to the terms, restrictions and rules set out in this Agreement. You are responsible for complying with this Agreement when using the Website. Some materials, features and options may only be available to You if You have established and logged in to Your account with ePowermac.
2.2. You are granted a limited, personal, non-exclusive and non-transferable licence to use the Website for Your personal use and business use, provided You are purchasing Products and / or Services for use in Your business.
2.3. Your right to use the Website is conditional upon Your compliance with this Agreement. You have no other rights in the Website or any of the information, pictures, tools or software on or associated with the Website.
3. Terms for Orders of Products
3.1. A contract will not be formed between You and ePowermac unless and until ePowermac confirms shipping of the Product by way of an official shipment confirmation email. Confirmation of ePowermac receiving and/or processing Your Order does not constitute acceptance by ePowermac. ePowermac may cancel any order at any time.
4. Warranties provided by You
4.1. READ THIS SECTION CAREFULLY AS IT SETS OUT WARRANTIES PROVIDED BY YOU TO EPOWERMAC. YOU CONFIRM THAT ALL OF THE WARRANTIES ARE TRUE AND WILL COMPLY WITH THE WARRANTIES DURING THE TERM OF THIS AGREEMENT AND IN ANY USE OF THE WEBSITE, THE ORDERING SYSTEM OR THE PRODUCTS ASN / OR SERVICES. IF ANY OF THE WARRANTIES ARE / OR BECOME UNTRUE THEN YOU WILL BE IN BREACH OF THIS AGREEMENT AND IT MAY AFFECT THE ENFORCEABILITY OF ANY CONSUMER RIGHTS AND GUARANTEES BY YOU.
4.2. You warrant that You:
4.2.2. Have authority and capacity to enter into this agreement. ePowermac may set restrictions from time to time on users on their website, including age restrictions;
4.2.3. Are buying for its own internal use only and not for re-sale purposes. The Products are not intended for use in high risk activities such as medical, municipal, military equipment or any other use in which failure of the Products could lead to death, personal injury or property damage. ePowermac expressly disclaims any express or implied warranty for fitness for such uses;
4.2.4. Are not buying the Products and / or Services for any illegal or unauthorised purpose, including any purpose that may violate laws in Your jurisdiction or the jurisdiction of this agreement;
4.2.5. Will not use the Website, the Products or the Services for any Unlawful Purpose, including soliciting others to perform or participate in any Unlawful Purpose;
4.2.6. Will not transmit any worms, viruses, spyware, adware or any code or program of a harmful or destructive nature using the Website, the Products and / or Services;
4.2.7. Will not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Website or any of the information, pictures, tools or software on or associated with the Website, in any manner or for any purpose;
4.2.8. Have provided correct information on Your account, including email address, name and contact details are correct. If any of these details change or later becomes incorrect You must promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that ePowermac can complete Your transactions and contact You as needed. You are responsible for ensuring that this account information is correct and up to date;
4.2.9. Will provide a valid shipping address within Australia and valid contact email for communications;
4.2.10. Will provide payment by a method of accepted by ePowermac;
4.2.11. Will conduct Yourself in a proper and responsible manner on the Website and in Your dealings with ePowermac;
4.2.12. Will use and maintain the Products and / or Services in accordance with any manual, operating instructions, specified operating conditions or any other information from the manufacturer, ePowermac or on the Website.Use of the Products other than in accordance with same may cause damage to the Product, Your property and / or lead to data loss. Use other than in accordance with manual, operating instructions, specified operating conditions or any other information from the manufacturer, ePowermac or on the Website may also affect Your ability to rely on consumer rights and warranties;
4.2.13. Will, where a Product is purchased for a business or commercial purpose, take appropriate steps necessary to insure and protect Your business against any loss of operation due to any failure of the Products, including establishing back-ups of data and implementing alternative redundancies,
4.2.14. Are responsible for obtaining and maintaining all equipment, Services and software needed for access to and use of This Website as well as paying related charges;
4.2.15. Are responsible for keeping confidential any account passwords, access codes and security information for the Website. If You believe that the confidentiality of Your account passwords, access codes and security information has been breached, You must immediately notify ePowermac in writing;
4.2.16. Comply with all rules set by ePowermac regarding the use of the Website and the Comments as set out in this Agreement and as set by ePowermac from time to time. You must immediately report any violation or contravention made by You and or any other user who You observe to be contravening these rules; and
4.2.17. Will conduct Your own enquiries into the nature, specification and appropriateness of all Products and / or Services before purchase and will not rely on any information provided by ePowermac or on the Website.
4.3. The rights and obligations under this Agreement are personal to You and may not be assigned or otherwise transferred to any other party without ePowermac’s express written consent, which may be granted or withheld at ePowermac’s absolute discretion. Any unauthorised assignment shall be void and of no force and effect.
5. ePowermac’s Rights
5.1. In addition to any other rights available to ePowermac under this agreement and at law, ePowermac reserves the right to, at any time and in its absolute discretion:
5.1.1. Decline or limit Your Order by notice to You;
5.1.2. Place restrictions on Your order, including imposing maximum or minimum purchase restrictions. Orders outside restrictions may be cancelled or limited at ePowermac’s discretion;
5.1.3. Only make certain Products available by specific means (such as online only) and / or make certain Products available only in specific or limited numbers;
5.1.4. Specify specialised return, refund or ordering policies for certain Products and / or Services from time to time on the Website. These individual return, refund or ordering policies shall amend this agreement and prevail to the extent of any inconsistency;
5.1.5. Cancel any order prior to delivery;
5.1.6. Issue a refund of payments made by You in lieu of fulfilling any Order;
5.1.7. Discontinue any Products at any time without notice to You;
5.1.8. Change components of parts of a Product, without notice, provided the replacement components are of a similar quality;
5.1.9. Amend, change, or revoke all prices, offers, promotions, Product descriptions, specifications and / or availability at any time, in their absolute discretion, without notice;
5.1.10. Amend update or change the Website at any time without notice to You. You agree that it is Your responsibility to monitor changes to the Website;
5.1.11. Amend, update, revoke or change all or any part of these terms and conditions at any time without further notice to You;
5.1.12. Disclose and use any Comments as they see fit in their absolute discretion. ePowermac is not obliged to keep any Comments confidential;
5.1.13. Use any Comments in any way without any consideration or compensation to You or any Third-Party. You grant to ePowermac an irrevocable, perpetual, transferable, non-exclusive, worldwide, royalty-free license to use your comments and any other information supplied by You to ePowermac in whole or in part, in any format or medium, in any manner and for any purpose;
5.1.14. Respond or not respond to any Comments as they see fit in their absolute discretion;
5.1.15. Monitor, moderate, edit, or remove any Comments in ePowermac’s absolute discretion. ePowermac is not obliged to monitor, moderate, edit, or remove any Comments; and / or
5.1.16. Set further any or additional rules regarding the Website and / or the Comments from time to time. You are responsible for updating Yourself and complying with these rules.
5.1.17. Require You to change any account passwords, access codes and security information for the Website and / or restrict Your access to the Website as ePowermac sees fit in their absolute discretion. This may include regular password updates / changes; and
5.1.18. Do any other thing which ePowermac considers necessary to facilitate the operation and maintenance of the Website and / or ePowermac’s business.
5.2. You acknowledge and agree that Your only rights in the event of ePowermac declining, limiting or cancelling of an order is a refund of amounts paid by You and You waive all other rights in respect of same.
6. No Representations regarding Website, Products or Services
6.1. The website is provided by ePowermac in "as is" condition and "with all faults". You use the Website at Your own risk.
6.2. ePowermac expressly disclaims:
6.2.1. All warranties of any kind (express, implied or statutory) with respect to the Website, including any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights;
6.2.2. That the Website is free from problems and specifically warns You that there may be issues and problems existing on the Website from time to time;
6.2.3. Any warranty that the Website will meet Your needs or requirements;
6.2.4. Any warrant the Website will be uninterrupted, timely, secure, or error free;
6.2.5. Any warranty that issues or defects with the Website will be repaired or corrected, at all or in a timely manner;
6.2.6. Any warranty regarding the results, information or material obtained through the use of the Website or the accuracy or reliability of same;
6.2.7. Any advice or information, whether oral or written, obtained through the Website or from ePowermac. No such advice or information shall create any warranty; and
6.2.8. Any equitable indemnities.
6.3. ePowermac makes every effort to ensure that the information, specification and prices on the Website are correct and accurate, however ePowermac makes no representation regarding the accuracy of the information provided. To the extent permitted by law, ePowermac takes no responsibility for any of the information provided in their website.
6.4. You should make Your own enquiries regarding the Products and / or Services to satisfy Yourself regarding its nature, specifications and quality, including primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk.
6.5. The material on the Website is general information only and should not be relied on by You. Material and specifications are provided by ePowermac as described by the manufacturer / distributor and ePowermac makes no representations regarding the completeness or correctness of such information. There may be errors on the Website, and ePowermac reserves the right to correct any errors and change or update their website and system without notice. If an incorrect price or specification is stated for any reason, ePowermac may, in its absolute discretion, give You notice of the error and cancel or amend Your order by notice to You. Colours and images of Products may not be accurate or represent the actual Product.
7. Payment Terms
7.1. ePowermac may set terms for payment from time to time in ePowermac’s absolute discretion including restricting or specifying methods of payment. Payment must be made in full before delivery of the Products and / or Services.
7.2. You must pay, in addition to the purchase price for the Products and / or Services:
7.2.1. All shipping and handling charges, including, if applicable, any insurance covering Products during delivery;
7.2.2. All duties, levies, taxes, excises or similar charges imposed by any government or other authority on the transaction, the Products and / or Services or the sale, including but not limited to GST;
7.2.3. Interest on any late payments at a rate of 10% per annum;
7.2.4. Any surcharges or additional fees for the use of credit cards or other payment methods; and
7.2.5. All incidental costs for the use of the Website and access to the Products and / or Services including internet or other connection charges in connection with the download, access, and use of software and the Website.
7.3. All prices are in Australian dollars ($AUD). All promotional prices are final and cannot be combined with other offers or promotions.
7.4. If required by ePowermac, You must do all things reasonably necessary to process and finalise payments for Products and / or Services, including but not limited to re-authorising payments.
8. Third-Party Tools and Third-Party Links Used at Own Risk
8.1. To the extent permitted by law, ePowermac makes no representation or warranty regarding Third-Party Tools and Third- Party Links, or Products and / or Services supplied by third parties. Those third parties may provide their own representations or warranties regarding their Products or Services which are separate from and not endorsed by ePowermac.
8.2. ePowermac may, from time to time and in their absolute discretion, provide You with access to Third-Party Tools and / or Third-Party Links. ePowermac may not have any monitoring, oversite, control or input into Third-Party Tools and Third- Party Links.
8.3. You acknowledge and agree that ePowermac provide access to Third-Party Tools and Third-Party Links on an ”as is” and “as available” basis without any warranties or representations regarding same and without any endorsement.
8.4. Your use of Third-Party Tools and Third-Party Links is:
8.4.2. At Your own risk;
8.4.3. On the terms and conditions set by each relevant Third-Party. You should carefully review each Third-Party’s policies and practices and ensure that You understand same before using any Third-Party Tools or Third- Party Links; and
8.4.4. Subject to Your own due diligence and discretion. You should satisfy Yourself regarding the nature, appropriateness and terms and conditions of each Third-Party Tool and Third-Party Link before use;
8.5. ePowermac may, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms and Conditions.
8.6. Third-Party Links on this site may direct You to third-party websites that are not affiliated with ePowermac. ePowermac is not responsible for examining or evaluating the content or accuracy and ePowermac does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or Services of third-parties. Third-Party Links are used at Your own risk.
8.7. ePowermac is not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party provider.
8.8. ePowermac disclaims all liability whatsoever arising from or relating to Your use of Third-Party Tools and Third-Party Links. You indemnify ePowermac in respect of all loss, claims, liability or damages arising from Your use of the Third- Party Tools and Third-Party Links.
9. User Comments, Reviews Feedback and Other Submissions
9.1. ePowermac may provide a means by which users of the Website can provide Comments, reviews, feedback or other submissions.
9.2. By using the Website, You agree that any Comments made by You or by any user of Your account may, at any time, without restriction, be edited, copied, published, distributed, translated and otherwise used in any way by ePowermac without further notice or consent by You.
9.3. All Comments made by You are made at Your own risk and discretion. You agree that Your Comments will not:
9.3.1. Violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. This includes Comments which advocate or induce others to perform such activities;
9.3.2. Make Comments which contain material which is, in ePowermac’s absolute discretion, defamatory, harassing, harmful or otherwise unlawful, abusive or obscene;
9.3.3. Make Comments which contain any computer virus or other malware that could in any way affect the operation of the Website or ePowermac’s business in any way. This includes using high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Website, Third-Party Tools and / or Third-Party Links, the order system and / or any Services or any other accounts, computer systems, or networks connected to the Services;
9.3.4. Not use a false e-mail address, pretend to be someone other than Yourself, or otherwise misrepresent or mislead ePowermac or third-parties as to the origin of any Comments;
9.4. Any determination as to whether a comment or use of the Website has contravened this Agreement is at the absolute discretion of ePowermac. ePowermac may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. In making such report ePowermac may disclose such information regarding You and the Comments as they consider necessary.
9.5. You are solely responsible for any Comments You make and their accuracy, including any Comments made using Your account whether made by You personally or otherwise. ePowermac takes no responsibility for the Comments posted by You or any Third-Party. You indemnify ePowermac in respect of all loss, damage and liability from the Comments posted by You or any Third-Party.
9.6. You acknowledge and agree that ePowermac is not required to keep confidential any information provided pursuant to this agreement. If You require information to be kept confidential, then You must enter into a formal and separate confidentiality agreement with ePowermac, on terms satisfactory to them.
10.1. ePowermac may, from time to time, collect certain personal information about You in connection with Your access and use of the Website and purchase of the Products and / or Services.
10.2. You agree that ePowermac may collect Your personal information from all interactions with ePowermac and uses of the Website, including:
10.2.1. Order information provided to ePowermac in ordering Products and / or Services;
10.2.2. The Comments;
10.2.3. Your account information provided to ePowermac;
10.2.4. Any complaints or service requests;
10.2.5. Requests for quotes;
10.2.6. Correspondence by You with ePowermac;
10.2.7. Surveys and other feedback mechanisms;
10.2.8. Promotional offers, rewards schemes and incentive programs;
10.2.9. Newsletters and mailing lists; and
10.2.10. Any documents or information submitted by You to ePowermac.
10.3. ePowermac may also collect personal information about You from third parties including Third-Party service providers and publicly available sources of information.
10.4. ePowermac may collect any personal information regarding You. The kinds of personal information that ePowermac collects and holds, include:
10.4.1. Logging the domain names and related data, including IP addresses or device identifier, for all visitors and users;
10.4.2. Using cookies or web beacons;
10.4.3. Your personal information such as name, age, personal details, and occupation;
10.4.4. Your contact details including address, e-mail address, IP address, phone number;
10.4.5. Information regarding Your use of the Website and the Products and / or Services, such as transactional information, Your preferences, customer numbers, service designations, service history, credit card information and other bank details, referrals, and any other information that is needed to process Your transaction or request; and
10.4.6. Demographic information such as details of Your business or company, age, gender, interests, preferences and favourites, and Product purchase history.
10.5. ePowermac may hold Your personal information in any manner they see fit, including:
10.5.1. Digital archives and electronic databases held on computer systems, including Third-Party servers;
10.5.2. Telephone recordings; and
10.5.3. Hard copy or paper files.
10.6. ePowermac may manage the storage of personal information in any manner it sees fit including internally or by a Third- Party engaged by ePowermac, whether in Australia or overseas.
10.7. ePowermac will take reasonable steps to protect Your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure including, but not limited to:
10.7.1. Using encryption for sensitive electronic information. You acknowledge and agree that content and personal information (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks;
10.7.2. Limiting user access to electronic information;
10.7.3. Limiting physical access to hard copy and paper files; and
10.7.4. Destroying or de-identifying personal information as required by law
10.8. ePowermac may use collects, holds, uses and discloses personal information for any reasonable reason it sees fit, including:
10.8.1. Processing Your purchase or provide requested Services;
10.8.2. Product registrations;
10.8.3. Fulfilling requests for Products and Services;
10.8.4. Creating and updating user profiles and accounts;
10.8.5. Improving ePowermac’s Products and Services;
10.8.6. Providing personal information to any agents, service providers or contractors engaged by ePowermac, such as marketing agencies and financial instructions;
10.8.7. Contacting You;
10.8.8. Avoiding fraud and other prohibited or illegal activities;
10.8.9. Protecting the security or integrity of the Website, ePowermac’s business, Products and / or Services;
10.8.10. Marketing, newsletter or support subscriptions;
10.8.11. Reviewing service quality and administration;
10.8.12. Customising communication with You and the marketing material ePowermac shares with You;
10.8.13. Marketing, including for ePowermac’s own marketing and allowing any of ePowermac’s business partners to present customised messages to You;
10.8.14. Otherwise required by law or for public safety.
10.9. Please note that information provided in the Comments may be openly available to ePowermac, other users and third parties.
10.11. ePowermac has dealings with other businesses internationally from time to time and it is likely that they may disclose personal information to overseas recipients from time to time. You consent to such disclosure. The countries in which such recipients may include:
10.11.1. United States of America;
10.11.3. New Zealand;
10.12. ePowermac may, from time to time, need to disclose Your personal information to, and collect Your personal information from, other countries not on the above list. This will be on a case by case basis and for the purposes stated above.
10.13. You may access personal information about You that is held by ePowermac and seek the correction of such information as by contacting ePowermac and requesting same in writing. ePowermac will use its best endeavours to comply with all reasonable requests within a reasonable timeframe.
10.14. If You withdraw Your consent to use personal information or change any information which in ePowermac’s opinion is necessary then it may affect Your use of the Website and the Products and / Services.
10.15. You may make a complaint regarding any believed breach of the Australian Privacy Principles, or a registered APP code (if any) that binds ePowermac by doing any or all of the following:
10.15.1. Making a complaint in writing to ePowermac. ePowermac will consider Your complaint and refer to You with a response within a reasonable time; or
10.15.2. Making a formal complaint to the relevant privacy regulator.
11. Shipment and delivery
11.1. Products and / or Services may be delivered by ePowermac or any other service provider selected by ePowermac in their absolute discretion.
11.2. Deliveries may be made in instalments and in any sequence. ePowermac may require signature on delivery.
11.3. All delivery times and dates provided by ePowermac are estimates only and may be subject to change at any time. To the extent permitted by law, ePowermac will not be liable for any delay in delivery howsoever caused and ePowermac will specifically not be liable for any delay in delivery which is outside of ePowermac’s control.
11.4. Unless You give written notice to ePowermac within 2 days of the date of delivery, You will be deemed to have accepted the Products. You are not entitled to withhold payment of all or any monies payable, even during any complaint or investigation process.
12. Damages and liability
12.1. For supplies that are not made under a Consumer Contract or Small Business Contract, as those terms are defined under the Australian Consumer Law, ePowermac’s total liability is limited to and will not exceed the purchase price paid for the Product and / or service.
12.2. You agree to fully indemnify ePowermac and keep ePowermac fully indemnified from and against all damage, loss, claims, actions, liability, expenses or costs on a full indemnity basis, as a result of or arising in any way out of:
12.2.1. Any breach of this Agreement by You;
12.2.2. Any negligent act or omission or wilful misconduct by You in connection with the purchase, use or performance of any of ePowermac’s Products and / or Services.
12.3. ePowermac’s liability is specifically excluded for all loss arising out of or in connection with:
12.3.1. The use of the Website, Products and / or Services in contravention of the terms of this Agreement;
12.3.2. The purchase, use or performance of any Products and / or Services by You from ePowermac, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind, unless:
22.214.171.124.Such loss could have been expected to result from a failure by ePowermac to meet a consumer guarantee and such loss was reasonably foreseeable; or
126.96.36.199. Where ePowermac is the manufacturer or importer of the relevant Products and such loss has arisen due to the relevant Products having a safety defect within the meaning of the Australian Consumer Law and none of the defences established under the Australian Consumer Law apply to the relevant Products.12.4. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by ePowermac will be subject to correction without any liability on the part of ePowermac.
188.8.131.52. The payment of the cost of replacing the Products or of acquiring equivalent Products; or
184.108.40.206. The payment of the cost of having the Products repaired; or
12.5.2. In the case of Services:
220.127.116.11. The supplying of Services again; or
18.104.22.168. The payment of the cost of having Services supplied again.
12.6. To the extent permitted by law and subject to these Terms, neither ePowermac (including its officers, employees or contractors) nor ePowermac's agents, subcontractors, suppliers or software Product developers is liable for any of the following even if informed of their possibility or not and whether arising from contract, tort, (including negligence) or otherwise:
12.6.1. Third-party claims for damages;
12.6.2. Loss of, or damage to, data;
12.6.3. Special, incidental, or indirect damages or for any economic consequential damages of any kind; and/or
12.6.4. Lost profits, business, revenue, goodwill or anticipated savings.
12.7. ePowermac will not be liable for any loss or damage suffered or incurred by You if ePowermac delays in fulfilling or fails to fulfil due to any circumstance beyond ePowermac’s reasonable control.
13. Warranties and Return Policy
13.1. Subject to Your rights under the Australian Consumer Law ePowermac will not cover damage, fault, failure or malfunction due to:
13.1.1. External causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by ePowermac;
13.1.2. Your act or omission, whether deliberate, negligent or inadvertent;
13.1.3. Usage and/or storage and/or installation not in accordance with Product instructions;
13.1.4. Failure to perform required preventive maintenance;
13.1.5. Normal wear and tear;
13.1.6. Act of God, fire, flood, war, act of violence or any similar occurrence;
13.1.7. Products with missing or altered service tags or serial numbers; any attempt by any person other than ePowermac personnel or any person authorised by ePowermac, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by ePowermac.
13.2. ePowermac may offer to repair or replace Products returned by You or may offer a refund, at ePowermac’s discretion. You acknowledge and agree that there may be costs and delays associated with the repair or replacement of items and that such delays may be significant as manufacturers may be outside Australia.
13.3. Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Products. Where a Product is repaired or replaced the Product will be warranted for the balance of the original warranty period.
13.4. ePowermac does not give any warranty that Products purchased under a contract other than a Consumer Contract are fit for any particular purpose.
13.5. You agree that Your rights are limited to the non-excludable rights under the Australian Consumer Law and that all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description are specifically excluded and of no force and effect.
13.6. Products may be accompanied by their manufacturer's standard warranties. You acknowledge that where support is required in relation to Products it may be more efficient and expedient to seek support under the manufacturer's standard warranties, at least at first instance.
13.7. Nothing in this agreement excludes or limits any statutory rights available to You under the Australian Consumer Law which cannot be excluded, restricted or modified by contract. Any rights that may be excluded, restricted or modified by contract are specifically excluded and for the avoidance of doubt, change of mind and / or no fault/damage returns are not permitted.
14. Title and Risk
14.1. Title to the Products does not pass to You until payment has been received by ePowermac in full and the Products have been delivered to You. Products remain the property of ePowermac until delivery and payment are completed.
14.2. In addition to any other rights or remedies available to ePowermac, if delivery is made before payment is made in full then You authorise ePowermac to enter any premises to recover unpaid Products and / or require You not to resell or part with possession of Products. ePowermac’s costs associated with recovery and enforcement of unpaid Products shall be borne by You.
14.3. The Products are at Your risk from the time of acceptance of the Order by ePowermac. Please note that this may be before delivery. ePowermac strongly recommends that you insure the Products upon acceptance of Your Order and take all necessary steps to protect Your interests.
14.4. To the extent permitted by law, ePowermac disclaims all liability for loss or damage to the Products during delivery. ePowermac may, but is not obligated to, take out insurance to cover Products during delivery. Any costs associated with this insurance are to be borne by You and may be passed on by ePowermac.
14.5. If Products are returned, title passes to ePowermac upon ePowermac confirming in writing that the return has been approved and that the delivery of returned Products has been received by ePowermac.
15. Termination of Service and Use of the Website
15.1. ePowermac may terminate Your use of the Website and / or ePowermac’s Services at any time for any reason without notice.
15.2. In addition to any other rights ePowermac may have ePowermac reserves the right to terminate the use of the Website and the Services immediately if any of the warranties provided by You in this agreement are, in ePowermac’s opinion, incorrect or inaccurate.
16.1. This Agreement shall be construed and take effect in accordance with, and shall be governed, by the law in force in the State of Queensland. Each of the Parties hereby submits to the jurisdiction of the Courts (including appellate Courts) of the State of Queensland and of the Commonwealth of Australia.
16.2. As far as possible all provisions of this Agreement will be construed so as not to be invalid, illegal or unenforceable in any respect. If any provision on its true interpretation is illegal, invalid or unenforceable, that provision will, as far as possible, be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and so as to give it a valid operation of a partial character. If any provision or part of it cannot be read down, that provision or part will be deemed to be void and severable and the remaining provision of this Agreement will not be affected or impaired.
16.3. No failure to exercise and no delay in exercising any right, power or remedy under this Agreement by ePowermac will operate as a waiver. No single or partial exercise of any right, power or remedy by ePowermac will preclude any other or further exercise of that or any other right, power or remedy by ePowermac.
17.1. In this Agreement the following words shall, unless the context otherwise requires, have the meanings set out opposite:
17.1.2. “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010;
17.1.3. “Comments” means any posts, reviews, messages, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise;
17.1.4. “ePowermac” means Ehownd Pty Ltd ACN 624 408 215 trading as ePowermac who is the owner of the Website;
17.1.5. “Products” means Products provided to You under this agreement; including hardware or software;
17.1.6. “Services” means performance of a task, provision of advice, assistance, or access to a resource (such as access to an information data base) ePowermac makes available to You and it includes the Website;
17.1.7. “Third-Party Tools” means tools created and / or supplied by third parties;
17.1.8. “Third-Party Links” means information, content, Products and Services available via ePowermac’s Service, including materials from third-parties, by way of links to Third-Party sites;.
17.1.9. “Unlawful Purpose” means any purpose which violates any law, ordinance or rule of any government, or authority and includes, without limitation:
22.214.171.124. Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
126.96.36.199. Infringing upon or violating any person’s intellectual property rights;
188.8.131.52. Providing false and / or misleading information;
184.108.40.206. Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Website, ePowermac’s Services, any related website, any Third-Party Link, any Third-Party Tool or ePowermac’s business in any way;
220.127.116.11. Collecting or tracking the personal information of others;
18.104.22.168. Engaging in spam, phish, pharm, pretext, spider, crawl, scrape or activities which ePowermac considers similar, in their absolute discretion; and
22.214.171.124. Interfering with or circumventing the security features of the Website, ePowermac’s Service, any related any Third-Party Link, any Third-Party Tool or the Internet.
17.1.10. “Website” means this Website and any other websites controlled or operated by ePowermac and includes any interface or software system used by ePowermac from time to time to facilitate the ordering and purchase of Products and / or Services by You from ePowermac; and
17.1.11. “You” means the customer identified on ePowermac’s order and / or the user of the Website and includes Your employees, agents or sub-contractors. For a body corporate “You” includes all members and shareholders of the body corporate. For a Trust “You” includes the trustee, both in their capacity as trustee and I their personal and all other capacities, and includes all beneficiaries of the trust.