These are the terms and conditions (“Agreement”) governing your use of the website (“Services”) of Hygadget Pty ltd (“Company”) at www.Hygadget.com. By using the Services of the Company, including making any purchase thereon, you hereby agree to be automatically bound by this agreement.

This agreement lays down the policies and rules which you must follow when using the Services of the Company, when making a purchase at the Company’s website, when receiving or giving any information to the Services, when using any content of the Services, or any other activity or matter in connection with your use of the Services.

The Company requires that you must first unconditionally agree with this agreement before using any of its Services. With this, you are highly encouraged to first read and understand this agreement for proper compliance.

If you disagree or are unable to comply with the agreement for any reason, you are immediately required to discontinue your use of the Services.

This agreement shall be the sole controlling document which shall govern your relationship with the Company. If there is an actual or apparent conflict between this agreement and any other text, content, or policies found on the Services of the Company, then this agreement shall prevail.

 

Amendments

The Company can change any part of this agreement as it sees fit, without the need for any prior notification in order to be binding. Nevertheless, the Company may elect to notify you of any amendments to this agreement in a medium of its own choosing.

Any amendments to this agreement shall be automatically binding and enforceable. Furthermore, any use on your part of the Services of the Company shall constitute automatic acceptance of any changes to this agreement.

Apart from this, the Company also reserves the right, in its sole discretion, to completely change, amend, stop, or discontinue any part of its Services, whether temporarily or permanently, without the need of any prior notification to you.

 

Who May Use The Services

By using the Services, you must be at least 18 years of age, or if less than the foregoing age, you must be assisted, guided, and have obtained consent from your guardian or parents for them to be bound on your behalf for your actions with respect to the Services – otherwise, any use of the Services shall be void and prohibited. Likewise, if you are legally incapacitated in any way to use the Services, or to be bound by this agreement, then you are also prohibited from using the same. In all cases, only legitimate and moral purposes shall be permitted when using the Services.

In no case shall the Services be used in a representative capacity, unless you have express authorization from the person you are representing.

The proper functioning of the Services may require the appropriate Internet Connection, a compatible device, corresponding software settings and upgrades in order to enable you to enjoy its functions. Depending on your computer settings and internet resources, the proper execution of the Services may directly or indirectly be affected by any of these factors. The Company shall not be liable for any substandard or imperfect execution of the Services on account of any of these variables, or because of any inadequate, imperfect, or improper configurations or settings.

The Company retains the sole prerogative to determine at all times to determine who are its users, including in its sole discretion, the power to retain, accept, or ban any of its users, and also to determine on which devices or locations its Services shall be made available. The Company does not warrant or guarantee that its Services shall be available at all times on a 24/7 basis since there may be down periods on account of upgrades, maintenance, viruses, or any other incidents which are beyond the control of the Company.

Since the Services were intended primarily to work in the jurisdiction of Australia, any offer or execution of the services for users outside Australia is solely in the absolutely discretion of the Company.

 

Website Products and Information

The website of the Company is an ecommerce marketplace that offers to you many products for purchase online.

For users of the Services located within Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If case you are entitled to a refund or replacement under this paragraph, you hereby agree to be responsible for shipping and returning the defective product to us, including costs, and also agree to pay for the cost of shipping of any replacement products to you. Where the Australian Consumer Law is applicable, and to the maximum extent permissible under the aforementioned guarantee under the Australian Consumer Law, all requests for refunds or replacements must be communicated to us through writing within seven (7) days of delivery, accompanied by video proof of unboxing and subsequently capturing the defect entitling you to a refund or replacement.

Apart from the aforementioned mandatory guarantees for users of the Services within Australia and where the Australian Consumer Law is Applicable, the Company's Services are only provided to you on an absolute “AS IS, WHERE IS” basis, without any express or implied warranties. The Company does not accommodate requests for refunds due to “change of mind”.   In no case shall the Company, its Services, or any of its owners, shareholders, managers, directors, agents, or employees be liable to you for any of the products, listings, content, or information which can be found on its Services, and the Company disclaims any liability which may arise from any defects, damages, errors, or omissions in connection with its Services.

 

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Modifications To the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Payment and Collection of Information

By using the Services, you agree that you may be required to make payments either to the Services, other users, or third-party payment facilities installed by the Services. You hereby absolutely agree that the Services may collect all personal information, Credit Card Information, or any information which is relevant to enable you to potentially or actually make payments to the Services, its owner, or any third-party payment gateways or facilities installed by the Services. You also hereby absolutely agree to allow the Services to charge and collect payments from you, and from the particular payment method you provided, or on the basis of the payment information you provided. You agree that by providing your payment method or signifying your intent to purchase on the Services of the Company, you thereby give your consent and approval to make the Services, the Company, or its third-party Payment Facilities as your authorized representative in order to charge, debit, or collect amounts from your credit card, debit card, payment processors, bank accounts or whatever payment method is the case.

You agree that any payments charged by the Services, the Company, or third-party payment facilities on you are, (apart from mandatory guarantees under the Australian Consumer Law expressly mentioned under this Agreement, applicable only to users of the Services within Australia), absolutely non-refundable in nature – however, in its sole discretion, the Services, the Company, or third-party payment facilities may refund payments you made in their sole discretion.

 

User Information

Prior to using the Services, including making any purchase on the website, the Company may require from you to undergo a formal user registration or to provide your information. You agree that you will only submit relevant and truthful information, and that the full responsibility of ensuring that your information is up to date and accurate is solely yours.

Some of the information which may be required from you may include payment information, delivery information, a username, password, address, email – but the Company may require any other information it deems necessary for its services. At all times, you agree that the sole responsibility of safeguarding your account is solely yours

If you have become aware of any unauthorized use or breach of your account, email or information, you are required to immediately notify the Company. You agree that the Company shall not be liable to you for any breach or unauthorized use of your account, or for any inacurrate information provided. Furthermore, if such unauthorized use results in damage to or liability to the Company, you hereby agree to completely indemnify the company for any claims, litigation expenses, and liabilities arising from or in connection with such unauthorized use.

User Behavior

Any use of the Services of the Company should only be legitimate purposes – any immoral or illegal purposes in the use of the Services are absolutely prohibited.

By using the Services, and apart from strict compliance with this agreement, you hereby expressly agree to refrain from engaging in the following prohibited acts mentioned below.

You therefore absolutely agree not to:

1. Engage in any act of pyramiding, scheming, contests, phishing or spamming on the Services
2. Post or spread any content which is customarily considered as obscene, offensive, illegal, defamatory, or which infringes on the intellectual property rights of third parties, or that of the Company's.
3. Use scripts or software on the Services.
4. Introduce any viruses, dangerous files, documents, or perform any hacking which may harm the Services.
5. Maltreat, bully, or offend any other member or user of the site.
6. Harass or Stalk other members.
7. Use the site as a lead generation tool and for building business or contact lists without the permission of the Company.
8. Engage in any act of fraud or deceit on the Services.
9. Any other unlawful or immoral acts, or acts which are in violation of these terms and conditions.

User Indemnity

When using the Services, it is expected that you will respect the reputation of the Company at all times in all your actions, transactions, and dealings. Moreover, it is also absolutely expected that you will comply with these terms and conditions, and also any laws of any applicable jurisdiction.

 

Should the Company become exposed to any potential, actual, or threatened liability arising from, or in connection with any of your actions, or should the Company suffer damage because of any of your actions, you hereby agree to completely indemnify the Company for the said acts, and also to shoulder any costs of litigation or expenses in furtherance of the enforcement of the claims of the Company which may arise directly or indirectly from any of your acts.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO CASE SHALL THE SERVICES OR THE COMPANY, ITS OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING ANY PRODUCTS PURCHASED THEREON, OR ANY OTHER TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THE COMPANY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

 

UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE PURCHASE YOU MADE RELATING TO THE DISPUTE (FOR USERS WITHIN AUSTRALIA, THE FOREGOING SHALL BE TO THE MAXIMUM EXTENT PERMISSIBLE BY THE AUSTRALIAN CONSUMER LAW).

 

Disclaimer

You hereby acknowledge and agree that, apart from the Company’s mandatory guarantees under the Australian Consumer Law which is only applicable for users of the Services within Australia, the Company only provides any products or information on its website on an “AS IS” basis, and mostly on reliance upon the representations of its third party suppliers, and therefore, the Company assumes no liability or even control concerning the safety, quality, accuracy, or legality of any of its products, items, information, or services.

 

The Company also relies on third party providers to deliver your purchases, and is therefore not liable for any damages caused by any defect or delay in the delivery to you of your purchased products (except only to the minimum extent where the Australian Consumer Law is applicable, and only for users of the Services within Australia).

 

Third Party Links

The Company reserves the right to place links on the Services which may or may not be advertisement links, including affiliate links where the Company may earn a commission. Since the target of these links are third party sites, the Company has no control over the content or terms of such third party sites. As such, the Company disclaims any liability over any damage, harm, or danger which you may encounter as a result of clicking on such links.

 

Intellectual Property

You agree that in using the Services, you will uphold the intellectual property rights of the Company with respect to its trademarks, copyrights, or patents, and all types of content which can be found on the site. You agree that you will not infringe on such intellectual property rights of the Company, and nor shall you use the same without the express authorization of the Company.

 

Severability

In the event that any part or parts of this Terms and Conditions or our Privacy Policy shall be held illegal or unenforceable by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining provisions of which shall remain in full force and effect. If legally permitted, the unenforceable provision shall be deemed automatically amended as may be required, to the extent that is required in order to cure the illegality or unenforceability.

 

Jurisdiction

Any dispute concerning the interpretation or enforcement of this agreement shall be done in accordance with the laws of Australia. Furthermore, any judicial actions concerning any disputes arising from this agreement shall be commenced in the courts of Australia, to the exclusion of all other courts.

 

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy

Contact Information

Questions about the Terms of Service should be sent to us at admin@hygadget.com