Chinmaya Mission Australia – website terms and conditions
These terms and conditions (Website Terms) are between you and the Chinmaya Mission Charitable Operating Trust t/a Chinmaya (Chinmaya, we, our or us) and govern your use of our website located at chinmaya.com.au (Website).
1. Acknowledgment and acceptance
1.1 By accessing, using or browsing the Website, you acknowledge that you have read and understood these Website Terms, and agree to be bound bypost cred and abide by them. If you do not accept the Website Terms, you must exit this Website immediately.
2. Variations to Website Terms
2.1 We may vary the Website Terms at any time. We will do our best to inform registered customers of any changes made to our Website Terms, but you are encouraged to check the Website Terms from time to time. All variations are effective from the time of posting unless stated otherwise.
2.2 You agree to be bound by the changed terms if you use this Website after the Website Terms have changed.
3. Ownership of content
3.1 Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. All trade marks appearing on this Website belong to their respective owners.
3.2 While you may use the Website for the purposes of browsing and acquiring goods and services of Chinmaya, unless authorised, the use of any material on this Website (including reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited.
4. Third party websites
4.1 This Website may contain links to third party websites (Links) over which we have no control. These Website Terms do not apply to third party websites and you should review the terms and conditions of the applicable website before using that website.
4.2 We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a Link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.
4.3 Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any Link.
5.1 Chinmaya 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 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, it shall be limited to the cost of re-supplying that information.
6. Legal capacity
6.1 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 making an online purchase, you accept The Website Terms and acknowledge that you are over the age of eighteen (18) years.
6.2 Should Chinmaya suffer any loss or damage as a result of a transaction entered into by a minor, Chinmaya reserves the right to seek compensation and take legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
7. Release and indemnity
7.1 You agree to waive any and all claims that you now have or may have in the future against Chinmaya and its associates which relate to or are incidental to any transaction.
7.2 You agree to indemnify and hold Chinmaya harmless from and against any and all claims, loss or expense that may be incurred by Chinmaya or its associates which relate to or are incidental to the performance of its duties as described in the Website Terms 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 and its associates harmless from any claim made by any third party due to, or arising out of, your use of the Website, the violation of the Website Terms by you, or the infringement by you, or other users of the Website using your membership account, of any intellectual property or other right of any person or entity.
8. Non-excludable obligations
8.1 To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
8.2 Nothing in these Website Terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations).
9. Limitation of liability
9.1 Except to the extent required by law, including in relation to Non-excludable Obligations, you agree that Chinmaya, 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 the Website or through any Links. 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.
9.2 If we provide any goods or services via this Website and are in breach of Non-excludable Obligations, our liability is limited, to the maximum extent possible, to one of the following (at our option):
(a) the supply of goods or services again;
(b) the repair of goods; or
(c) the payment of the cost of having the goods or services supplied again or repaired.
10.1 The information contained on the Website is provided by Chinmaya 'as is' and 'as available' basis in good faith. To the best of Chinmaya’s knowledge, the information is accurate and current. However, Chinmaya and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders do not make any representation or warranty as to the accuracy or completeness of the information.10.2 To the fullest extent permitted by applicable law, Chinmaya 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.
10.3 Chinmaya 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 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 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 section 10 of these Website Terms, Chinmaya 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.
12. Store Terms
13. Applicable law
13.1 The Website Terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
13.2 The Website may be accessed throughout Australia and overseas. Chinmaya makes no representation that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with all laws in the place where you access the Website.
If you have any questions about these Website Terms, you can email us at IT@chinmaya.com.au.