DENGSSS.COM TERMS AND CONDITIONS
1.1By using this website (located at DENGSS.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 and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
1.2By agreeing to these Terms, you are entering into an agreement with DENGSS Group Pty Ltd including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (DENGSS.COM or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
1.3Our Services, including but not limited to the registration of an account with us or placing of an order, is not intended to be used by children under the age of 18. If you are under 18, any use of our Services must be with the involvement of a parent or guardian.
1.4By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
2. Use of the Services
2.1You 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.
2.2You 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.
Details and marketing emails
2.4By making an Order with us, you expressly consent to the receipt of electronic communications (including emails) with respect of your Order and that such emails may contain commercial or marketing messages such as links to other products that may interest you. Due to the nature of such electronic communications, you agree that section 18(1) of the Spam Act 2003 (Cth) does not apply to such electronic communications.
2.5You agree that you will not:
3. User Generated Content
3.1By uploading, publishing, transmitting or making available any data, content or other material to DENGSS including but not limited to, sharing posts using specific hashtags (#DENGSS) in line with a campaign we might be running at that time, posting, publishing or uploading comments, reviews, images, photos, content or any other material to our Websites (User Content), you grant DENGSS, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
3.2By posting, uploading, publishing, transmitting or making available any User Content to DENGSS you warrant and represent to DENGSS that:
Rights and liability of DENGSS.COM in relation to User Content
3.3DENGSS.COM retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit User Content, however DENGSS.COM is not obliged to do so.
3.4You agree that DENGSS.COM may require you to remove, amend or delete User Content and that you must comply with such requirement within 1 days’ written notice to you.
3.5You acknowledge and agree that DENGSS does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that DENGSS is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release DENGSS and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
4. User Accounts
4.1To access and use some of the Services, you may be required to register an account with DENGSS.COM.
4.2You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. If you wish to amend your account details or delete your account, please refer to our Help Centre.
4.3You agree that User Content you provide to DENGSS.COM to be made publicly accessible to third parties, including other users or visitors of the Services. You agree that DENGSS.COM is not liable to you for the use or access of User Content by third parties.
4.4DENGSS.COM retains the right to screen and verify your identity or your business’s identity (if applicable) in our sole discretion. You agree to submit to such screening and to provide to DENGSS.COM at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification (such as drivers licence and passport) or other identifying documentation.
4.5You understand that DENGSS.COM may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
5. Orders and Cancellations
5.1You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms.
5.2An order for the purchase of Goods (Order) is accepted upon the latter of the following to occur:
5.3By 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.
5.4DENGSS.COM reserves the right to:
5.5Where 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 DENGSS.COM shall not be liable for any loss or damage whatsoever arising from such acts.
5.6Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law).
5.7In 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 DENGSS.COM as a direct result of the cancellation (including, but not limited to, any loss of profits).
6.1Whilst 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
6.2All 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.
6.3Where 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.
6.4If 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.
6.5We reserve the right to limit the sale of goods to reasonable or normal household quantities.
7. Recalls and Bans
7.1If 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.
8. Prices and Payment
8.1We 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.
8.2Prices displayed in our Services are shown in the currency selected on the Website and are inclusive of GST, unless otherwise specified. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
8.3Prices 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.
8.4You 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.
8.5Full 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.
8.6Payment may be made by the methods and to the accounts specified or approved by DENGSS in writing.
8.7You 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.
9.1Returns and defective Goods will be handled in accordance with our Returns Policy.
10. Store Credit
10.1Store Credit and Gift Vouchers are handled in accordance with our Store Credit Policy.
11. Delivery and Shipping
11.1Shipping and delivery will be handled in accordance with our Shipping Information page.
11.2Delivery of the Goods (Delivery) is taken to occur at the time that:
11.3You 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 DENGSS shall be entitled to charge a reasonable fee for redelivery and/or storage.
11.4Any 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. DENGSS 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.
12. Risk and Title
12.1If 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.
13. Promotions, Discounts and Final sale
13.1Promotions, discounts, or final sale are subject to their own specific terms and conditions as provided by DENGSS.COM from time to time.
13.2Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, final sale, 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.
13.3Final sale items are items that include a discount of 50% or more. Finale sale items are non-refundable for store credit or cash refund unless deemed faulty.
13.4DENGSS reserves the right to:
14.1Without prejudice to any other remedies, DENGSS.COM may:
14.2If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied. To the maximum extent permitted by law, DENGSS.COM will not be liable to you for any further loss or damage you suffer because DENGSS.COM has exercised its rights under this clause or these Terms.
15. Intellectual Property
15.1All 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 DENGSS.COM , and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
15.2You 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 DENGSS.COM .
15.3Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of DENGSS.COM intellectual property rights, whether by estoppel, implication or otherwise. DENGSS.COM reserves all rights not expressly granted in the Services.
15.4Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
17. Unauthorised access and malicious materials
17.1You must not attempt to, or actually 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.
17.2To 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.
18. Hyperlinks and Third Party Content
18.1Our Services may, from time to time, contain links to and from websites which are owned or operated by third parties. You acknowledge and agree that DENGSS.COM does not control, and is not responsible for the content, quality, nature, or reliability of any material that is posted, contained in or provided by any other user, third party, advertiser or website or hyperlink (including links to other applications) that is contained in the Services. DENGSS. is not to be taken to, in any way, represent or support the content, beliefs or views of any third party and such associations do not imply any sponsorship, affiliation or endorsement by DENGSS.COM of any such material except where otherwise stated by DENGSS.COM in writing.
18.2Third 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. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that DENGSS.COM is not liable for any information on, or the privacy practices of, any third party websites.
19. Limitation of Liability
19.1To the maximum extent permitted by law, neither DENGSS.COM , nor any of its employees, agents, affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor; and any third party supplier of any material on the Websites, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor, 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:
19.2You 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.
19.3To the maximum extent permitted by law, DENGSS.COM liability under these Terms shall be limited to any one or more of the following:
19.4To the extent permitted by law,DENGSS.COM expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under 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.
19.5This clause survives termination of these Terms.