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Terms and Conditions

Terms of Use

 

Please read these Terms of Use carefully, as they form the legally binding terms by which you agree to use the <tickleflex.com.au> website (the Website) and the goods and services available through the Website.

Using this Website

This Website is owned and/or operated by Marinel Pty Ltd ABN 42 622 701 160 (We, Us, Our). By using the Website, including purchasing any products, you are acknowledging that you have read and agree to these Terms of Use, including our Terms of Sale and our Privacy Policy.

We may from time to time, change or add content to the Website (including our Terms of Use) without notice. At all times, we will try to ensure that the images and information on our Website are as accurate as possible. All information and products are provided on the basis that you undertake the responsibility for assessing at your own risk. Further, the information on the Website is not health or medical advice.

Ownership and intellectual property

The Website (including past, present and future versions) and all content (photos, illustrations, videos, product descriptions and information) on the Website are owned or controlled by Marinel and our licensors and certain other third parties. All right, title, and interest in and to the content available via the Website and in the products displayed on the Website is the property of Marinel or our licensors or certain other third parties, and is protected by copyright, trade mark, patent, design and/or other intellectual property rights and laws to the fullest extent possible.

Marinel owns the copyright in the selection, compilation, arrangement and layout of the content on the Website. Marinel or its licensors own the TickleFLEX and TickleTEC trade marks, patent and design rights. Marinel is the sponsor and exclusive distributor for TickleFLEX in Australia and New Zealand.

Subject to your strict compliance with these Terms of Use, you are permitted to use the Website and its content for your personal use. No copying, communicating or other distribution of the content (or any part thereof – including any product descriptions or photos) is permitted without our express permission in writing. Nothing in these Terms of Use gives you any ownership of, or any other intellectual property interest in, any content. Permission to use or access the Website may be immediately suspended or terminated without advance notice or liability to you, in the event you are in breach of these Terms. In some instances, we may permit you to have greater access to and use of content, subject to separate express agreement in writing.

In using the Website, you must respect the intellectual property and other rights of Marinel and our licensors. Your unauthorised use, reproduction, communication or other distribution of any content may be in breach of intellectual property, privacy or other laws, and any such use may result in your personal liability, including potential criminal liability.

You agree that in using the Website you will not:

  1. monitor, gather, copy, or distribute any content (except as may be a result of standard search engine activity or use of a standard browser) on the Website or by using any robot, rover, “bot”, spider, scraper, crawler, spyware, extraction tool, or any automatic or manual process;
  2. use any content in a manner that suggests an association with any of our or our licensors’ products, services, or brands;
  3. you will not make any modifications to any content on the Website;
  4. you will not copy, modify, reproduce, archive, communicate or otherwise distribute, create derivative works from, publish, or otherwise use or exploit our content in any way for any purpose except as specifically permitted by these Terms or with our prior written consent or, in the case of content from a licensor, the owner of the content; and
  5. you will not insert any code or product to manipulate it in any way that adversely affects any user experience or breaches any privacy laws.

We may immediately suspend or terminate the availability of the Website and its content (and any part thereof) in our sole discretion, without advance notice or liability.

These Terms include only narrow, limited grants of rights to use and access the Website and its contents. No other right or licence may be construed, and all rights in the Website and contents are reserved by Marinel and its licensors and other third parties. Any unauthorised use of the Website, and any content (or part thereof) for any purpose is prohibited.

Terms of Sale

To purchase any products from our Website, you must be at least eighteen (18) years of age and provide us with a valid credit card number and associated payment information. See our Payment section below for more information.

By submitting payment information, you hereby authorise us and/or our third party credit card processor to charge your card for the relevant purchase. You agree to pay the price applicable (including any applicable taxes and delivery charges) as displayed on the Website at the time you submit the order. Please note that we do not provide price protection or refunds in the event of a later price drop or promotional offering. By purchasing from our Website, you accept our Terms of Use, including our Returns Policy and Privacy Policy.

Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You agree not to use any credit card or other form of payment unless you have all necessary legal authorization to do so, and indemnify Marinel against any claims, losses or expenses incurred for your unauthorised use of any card.

Pricing

All prices on the Website are listed are in Australian Dollars (AUD) and include GST.

We will use our best efforts to ensure that the prices on this Website are accurate at the time they are published. However, prices may change without prior notice. When price changes occur, they will be automatically updated on our Website.

In addition to the purchase price, all delivery charges, sales tax, GST or other government taxes (if any) shall be payable by the Customer.

Returns Policy

Where packaging is damaged or opened the product is deemed as used and is not eligible for a refund. Used items carry the risk of transferring blood-borne pathogens so refunds or exchanges are not permitted.

Any purchases through the Website are subject to our returns policy in effect at the time of purchase.

Used items cannot be accepted for return, and we will not refund, replace or repair goods for:

  1. ordinary wear and tear,
  2. accidental or intentional breakage or damage,
  3. use in a manner not intended by the manufacturer.

Faulty goods

We will only accept return of goods where we are satisfied that goods were damaged, defective or faulty on or prior to delivery.

Nothing in these Terms of Use excludes your right to make a claim under any statutory consumer guarantees for faulty or defective product. In the unlikely event of a manufacturing fault, please contact us on enquiries@tickleflex.com.au immediately upon receipt of your goods. We will work with you to rectify the situation. We reserve the right to assess the condition of the returned goods prior to offering a repair or replacement. A repair or replacement may be refused if the fault is considered to be normal wear and tear, or accidental breakage, rather than of a manufacturing origin. If the fault is deemed to be of a manufacturing origin, the product will be repaired or replaced and returned to you as soon as possible.

Freight & Shipping Costs

Postage and handling charges for returned products are non-refundable unless a product is deemed faulty.

Attempted Delivery

Our carriers may leave a calling card in your letterbox should a delivery be attempted and no-one is available to sign for the package.

Use of Goods

It is essential that all products purchased from the Website are only used in the manner for which they are intended to be used. Please carefully read the directions on the packaging in which the goods are supplied. Products purchased from the Website may not be modified in any way whatsoever from the condition they were supplied in. Your product warranty will be deemed void if this occurs, or if you use the product in a way not intended by the manufacturer.

Payment

We accept payment via MasterCard or Visa, including MasterCard Debit & Visa Debit. All credit card payments are secured via 1024 Bit SSL Encryption (supplied by a Third Party – [INSERT DETAILS]). No credit card information is stored by/on our Website.

Privacy

We value your privacy. The data we collect is handled in accordance with our Privacy Policy found here, which may change from time to time without notice.

Disclaimer

Without prejudice to any other rights we may have, you indemnify us for any loss, damage, claim or expense should you cancel any order or breach any term hereof. You also indemnify us against any injury, disability, death, loss, damage or expense from your use or mis-use of any TickleFLEX products or information on the Website, or for your failure to use the information or products in the manner intended.

If you have any further questions please click here or email us at enquiries@tickleflex.com.au.

Limitation of liability

Under no circumstances will Marinel or its licensors be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

  1. the Website (including the content or any product information);
  2. your use of or inability to use the Website, or the performance of the Website;
  3. any action taken in connection with an investigation by us or law enforcement authorities regarding your access to or use of the Website;
  4. any action taken in connection with copyright or other intellectual property rights owners;
  5. any errors or omissions in the Website’s technical operation; or
  6. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if we were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website). 

Except as otherwise provided above, to the fullest extent permitted by applicable law, in no event will our total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Website and your rights under these terms, exceed an amount equal to the amount you have paid in connection with the transaction(s) that underlie the claim(s).