TERMS & CONDITIONS
In order to use the Pt. Nemo Online Store you must read and agree to our Terms & Conditions. Our Terms & Conditions are for your protection and outline our obligations to you.
Point Nemo Pty Ltd ("Pt. Nemo"). Last updated 17th March 2016.
This Website is owned and operated by Point Nemo Pty Ltd trading as Pt. Nemo and Point Nemo. These Terms & Conditions govern the use of the Pt. Nemo website ("Site"), the materials and information contained therein and related services made available to you via this Site. By accessing or using this Site in any manner, you agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not visit or use the Site. Pt. Nemo may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms & Conditions and re-read before subsequent use. In the event of change(s) to these Terms & Conditions that you do not agree with you must immediately stop using the Site.
Pt. Nemo, its representatives and associated agents are not liable to you or any other person for any loss in connection with the use of this Site or a Linked Web Site. This general disclaimer is not restricted or modified by any specific warning or disclaimer contained herein.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The materials and information provided on this Site and related communications are provided on an "as is" basis. Pt. Nemo assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Pt. Nemo.
Subject to any non-excludable provisions in the Competition and Consumer Act, 2010 (Cth) (the “Act”), Pt. Nemo expressly disclaims any implied or express warranties or conditions of any kind. This includes warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. Pt. Nemo will not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages. Also including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if Pt. Nemo is expressly advised of the possibility of such loss or damages.
These Terms & Conditions are effective until terminated by Pt. Nemo and Pt. Nemo may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms & Conditions will survive.
USE OF THIS WEBSITE
You will be required to register to use some of the features on this Site. Pt. Nemo may change registration requirements from time to time and without notice. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your this information change, please amend your details, or notify us at the following e-mail address email@example.com
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Pt. Nemo or its users.
We will also share your personal data with relevant companies and organisations to the extent necessary for us to perform credit checks and you hereby consent to us so doing.
You should not send any information or material that you consider to be confidential or proprietary to Pt. Nemo or any other person through this Site. Any information or material sent to Pt. Nemo at, or through this Site, is deemed to be not confidential. You are deemed to grant to Pt. Nemo an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. Pt. Nemo is free to use any ideas, concepts, know-how or techniques that you send to Pt. Nemo, for any purpose.
You must comply with all proprietary and copyright notices on this Site. This Website is owned by Pt. Nemo and its associates, and is subject to copyright. The information on this Site is protected under Australian copyright laws. You must not in any form or by any means: (a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; (b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or (c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Pt. Nemo.
All trademarks, brands and names appearing on this Site are the property of their respective owners. Nothing contained on this Site should be construed as granting any license or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Pt. Nemo or third party owner.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you have engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree to indemnity and hold Pt. Nemo (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any demand or claim, including reasonable solicitor’s fees, arising out of or related to your breach of these Terms & Conditions or your violation of any law or the rights of a third party.
LINKS AND THIRD PARTY REPRESENTATION ON THIS WEBSITE
The site may contain hyperlinks to websites operated by third parties ("Third Party Sites"). Such links are provided for your convenience. Unless otherwise indicated, Pt. Nemo does not control Third Party Sites and is not responsible for their content.
For the avoidance of doubt, Pt. Nemo makes no representations or warranties about any Third Party Site, which you elect to access through this Site. Third Party Sites are not under the control of Pt. Nemo, and Pt. Nemo is not responsible for the accuracy of any information on any Third Party Site. You must take your own precautions to ensure that a Third Party Site that you access by link from this Site is free from harmful material.
LIMITATION OF LIABILITY
Subject to any non-excludable provisions of the Act, Pt. Nemo disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party. In particular, Pt. Nemo will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if Pt. Nemo has been advised of such damages), resulting from use of the Site, content or related services.
Product information in relation to products referred to on this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.
These Terms and Conditions are governed by the laws in force in Australia without regard to its conflict of law provisions 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. Nothing contained in these Terms & Conditions derogates from Pt. Nemo’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Pt. Nemo with respect to that use.
"Point Nemo" or “Pt. Nemo” or "Point Nemo Online Store" or Pt. Nemo Online Store” means Point Nemo Pty Ltd trading as Pt. Nemo and Point Nemo
"Linked Web Site” means websites of persons or entities other than Pt. Nemo which are linked to and from this Site. "Site" means the whole or any part of the web pages located at www.pt-nemo.com (including the lay-out of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.)
"Third Parties" means persons or entities represented on the Site other than Pt. Nemo. "We" and "us" refer to Pt. Nemo, and "our" has the same meaning.
"Your Information" means any information from which your identity is apparent or can be reasonably ascertained.