Acknowledgment & Acceptance
These Terms and Conditions govern the use of chinmaya.com.au (“the website”) and the purchase of any goods from the website & materials and information accessible on or from the website. The website is owned and operated by The Chinmaya Mission Charitable Operating Trust t/a Chinmaya Mission Australia (ABN 63 224 595 801).
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). These terms and conditions form a legally binding agreement between you and Chinmaya Mission Australia governing your use of this website. If you do not accept these terms and conditions, you will need to exit this website immediately.
Chinmaya Mission Australia reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
The products on the website are only available for sale to persons who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By makingan on-line purchase, you accept these terms and conditions and acknowledge that you are over the age of eighteen (18) years.
Should Chinmaya Mission Australia suffer any loss or damage as a result of a transaction entered into by a minor, Chinmaya Mission Australia reserves the right to seek compensation and to take legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
Limitation of Liability
Except to the extent required by law, you agree that Chinmaya Mission Australia, its related companies and their directors, employees, agents, contractors, service providers, or successors or assigns will not be liable for any losses, damages, liabilities, claims or expenses whatsoever arising out of, or in any way related to, the use of this website or any website linked to it. This limitation applies to all direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer, including for loss of profits, business interruption or loss or corruption of data or information.
If we provide any goods or services via this website and are in breach of a condition or warranty which is implied by law and cannot be excluded, our liability (and that of the other persons listed above) is limited, to the maximum extent possible, to one of the following at our option:
1. The supply of goods or services again;
2. The repair of goods; or
3. The payment of the cost of having the goods or services supplied again or repaired.
The information contained on the website is provided by Chinmaya Mission Australia in good faith. To the best of Chinmaya Mission Australia’s knowledge, the information is accurate and current. However, Chinmaya Mission Australia and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders does not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Chinmaya Mission Australia disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Chinmaya Mission Australia makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You further acknowledge and agree that Chinmaya Mission Australia does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Chinmaya Mission Australia is therefore not liable for their opinions or their behaviour, including any information or advice provided by
them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, Chinmaya Mission Australia will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
All content on this website is subject to copyright. The website contains copyright material, brand names and other trademarks that are protected by law. Unless authorised, the use of any material on this website (including reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited. This property may only be used for the purposes of browsing the chinmaya.com.au website and acquiring goods and services of chinmaya.com.au.
This website contains links to third party websites. We are not responsible for the operation, security levels, content or any other aspect of any third party websites. Chinmaya Mission Australia makes no endorsements, representations or warranties about any other website which you may access through this website (“Other Website”). When you access an Other Website, that Other Website is independent from this website, and Chinmaya Mission
Australia has no control over the content on that Other Website. Please familiarize yourself with the “Terms and conditions” and “Privacy Policies” of these third party websites. You must indemnify and keep indemnified Chinmaya Mission Australia in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Chinmaya Mission Australia does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Chinmaya Mission Australia will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Chinmaya Mission Australia, it shall be limited to the cost of re-supplying that information.
These Terms and Conditions are governed by the laws in force in Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia and any courts, which may hear appeals from those courts. This website may be accessed throughout Australia and overseas. Chinmaya Mission Australia makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
Prices of goods and services and delivery and other charges displayed on the
chinmaya.com.au website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Variations to terms and conditions
These are the current terms and conditions. We may at any time vary these terms and conditions. We will do our best to inform registered customers of any changes made to our terms and conditions, but you are encouraged to check the terms and conditions from time to time. All variations are effective from the time of posting unless stated otherwise. If Chinmaya Mission Australia makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to Chinmaya Mission Australia within five (5) business days after that request, that you have done so.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Chinmaya Mission Australia and it’s Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Chinmaya Mission Australia harmless from and against any and all claims, loss or expense that may be incurred by Chinmaya Mission Australia or it’s Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Chinmaya Mission Australia and it’s Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.