Terms & Conditions

These are the terms and conditions of agreement for online trading between Mela Purdie[ABN 43 068 434 882] and the user of this website ("You/Your").

Your use of this Website is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

From time to time, this Agreement will be reviewed and may be revised. We reserve the right to change this Agreement at any time in its sole and absolute discretion. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of acceptance.

Mela Purdie is Australian based. All products and services displayed within the website are in Australian Dollars (AUD) unless otherwise stated.

Access and Use of the Website

You must only use the website in accordance with these Terms and Conditions and any applicable law.

You must not (or attempt to):

(i) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
(ii) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
(iii) interfere (or attempt to interfere) with security-related or other features of the Website.

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to
(i) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(ii) in a way that is illegal or unfair.



Information on this Website

The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Mela Purdie.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including but not limited to its software or HTML code, scripts, text, artwork, photography, audio and video excerpts, except as permitted by statute or with Our prior written consent.

Due to photographic and screen limitations associated with the representation of products, some products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.



Disclaimer & Liability 

This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:

(i) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Website (or any part of it or them); or
(ii) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

10.2 Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(i) fraud;
(ii) death or personal injury caused by our Breach of Duty;
(iii) any breach of the obligations implied by law; or
(iv) any other Liability which cannot be excluded or limited by applicable law.

In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.

Subject to the above:

(i) To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website;
(ii) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
(iii) You should not rely on any information accessed using the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(iv) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(v) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
(vi) To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, our services or these Terms and Conditions.
(vii) Our total Liability under any Contract shall in no circumstances exceed,in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.



Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.



Mediation and Dispute Resolution

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.



General

Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.

Force majeure: We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.

Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office:


Mela Purdie
Suite 2, Level 2,
150 William Street
Woolloomooloo
NSW 2011 Australia


Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of Mela Purdie, its subsidiaries, any holding companies of Mela Purdie, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).

Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

Governing law: These Terms and Conditions (and all non-contractual relationships between you and Mela Purdie) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.

Change of the Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.