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EVERGLADES COUNTRY CLUB LIMITED (ACN 000 196 501) TERMS & CONDITIONS

Acceptance

The “everglades.net.au” website (“website”) is operated by Everglades Country Club Limited (ABN 86 000 196 501), (“Everglades”). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (“Terms and Conditions”). Please read them now. Your use of the website constitutes your agreement to the Terms and Conditions.

Everglades reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment is made constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.

Capacity

The Products on the website are only available for sale to individuals 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.

Orders

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Everglades reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Everglades only comes into existence when it forwards confirmation of receipt of your order and payment.

Prices

Prices of products and services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

Goods and Services (“GST”) and Other Taxes

Prices displayed on this website are inclusive of GST applied at the rate of 10%.

You are responsible for any additional taxes, duties or other liabilities imposed by any governmental agency on any products acquired or ordered by you from this website.

Delivery

Please read the Delivery Information contained in the website. The delivery times are indicative only and Everglades will not be liable for any failure to observe these delivery times.

Risk and Title

Everglades retains title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.

Returns/Refunds

The circumstances in which Everglades is obliged to accept returns or make a refund are detailed in the Returns Policy.

Limitation of liability

Everglades will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, even if Everglades has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of , or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Everglades for any breach of such term, condition or warranty shall be limited, at the option of Everglades, to any on or more of the following:

1. the replacement of the goods or supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired.

Disclaimer

While the information contained in the website is believed to be accurate and current, it is provided by Everglades in good faith on an “as is” basis. Everglades, its’ directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained in the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.

Viruses

Everglades 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. Everglades will not be liable to you or to any other person for any loss or damage (whether direct, or indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any sch information. To the extent that any liability may be imposed on Everglades, it shall be limited to the cost of re-supplying that information.

Links

The website may contain links to websites not maintained, controlled or associated with Everglades and it does not make any endorsement, or any representations as to the accuracy, of information contained on those websites. Everglades will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Websites.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.

Everglades Country Club wants you to be happy with your purchase. Our returns policy is in addition to your statutory rights.

Change of Mind Returns

If you wish to return an item because you have changed your mind about your purchase, Everglades will offer you an exchange voucher or refund provided that:
You return the item within 21 days together with proof of purchase and the item is in resalable condition including that:

• It is in its original condition and packaging (including manuals and accessories)
• It is unworn, unopened or unused.

If these requirements are not met, Everglades reserves the right not to offer an exchange voucher or refund.

Other Returns

Everglades will accept product returns and provide you with an exchange voucher, refund or repair where:

• Their item is faulty or is not of merchantable quality; or
• The item is not fit for its intended purpose; or
• The item does not match the sample or our description; and
• You can present proof of purchase from Everglades.

Where a refund is granted Everglades will refund the original purchase price by the previous method of payment indicated on the sales receipt. Please note refunds will not be provided for the purchase of gift cards. Gift cards are not redeemable for cash.

At Everglades Country Club we understand that you value your privacy and wish to have your personal information kept secure. Everglades is committed to maintaining the confidentiality of the information you provide to it and will take all reasonable precautions to protect your personal information from unauthorised use or alteration.

Everglades is bound by and complies with the National Privacy Principles as provided in the Privacy Act, 1988 (Cth).

Everglades will not disclose information it has collected about you, unless the disclosure is authorised or required by law or you have consented to our disclosing the information about you unless there is a threat to life, health or safety.

Everglades may use your personal information to provide you with information about the services offered by it. If you would prefer not to receive promotional or other material from Everglades, please let us know and we will respect your wish.

You may have access to the personal information about you. Requests for access to personal information will be handled in accordance with the National Privacy Principles. Everglades encourages all requests for access to personal information to be directed to its General Manager.

If you request Everglades to do so, it will amend any personal information about you held by it which is inaccurate, incomplete or out of date.

If you would like more information about the way Everglades manages their personal information which it holds about you or are concerned that it may have breached your privacy, please contact the General Manager by email, fax or post at the following addresses:

Email address: This email address is being protected from spam bots, you need Javascript enabled to view it
Postal address: PO Box 297 Woy Woy
Fax number: 4342 3840

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