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Terms & Conditions

OVERVIEW
This website is operated by Amour By Fleur. Throughout the site, the terms “we”, “us” and “our” refer to Amour By Fleur. Amour By Fleur offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - 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.

SECTION 4 - 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.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. Please keep in mind that no two flowers are the same. The product(s) you receive might slightly vary from the product picture due to the nature of your product(s) being 100% handmade to order. Therefore ordering in batches may result in colour variations. The colours of products when viewed on your computer monitor may appear different from the actual colour of the merchandise. We make every attempt to give you a good representation of the available colours for each product sold, but unfortunately we cannot guarantee an exact match.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.


We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Amour by Fleur will not be held liable to any indirect, consequential, incidental,special or punitive damage for any items resold.

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Ownership and Use of Product Images

All images, photographs, or visual representations of our products, whether displayed on our website, social media, or any other platform, are the sole property of Amour By Fleur. By using our services or purchasing our products, you agree that these images may be used by Amour By Fleur for marketing, advertising, promotional purposes, and any other business-related activities, without the need for further permission or compensation. Unauthorized use, reproduction, or distribution of these images without express written consent from Amour By Fleur is strictly prohibited.

Copyright

All content on this website, including but not limited to text, images, logos, graphics, and product descriptions, is the exclusive property of Amour By Fleur and is protected by international copyright laws. You may not copy, reproduce, modify, distribute, or otherwise use any content from this website without the prior written consent of Amour By Fleur. Any unauthorized use of our content or materials will result in legal action.

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Fragrances:

Diffuser liquids and floral dyes may impact the overall appearance of the product over time. We make every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor's display of any color will be accurate. We cannot gurantee the fragrance colour and stability of dyes/tints for fragrances not regularly stocked by Amour by Fleur. If you wish to request a custom fragrancere - one that we do not stock regularly stock, we will not know the tint/shade/opacity of this fragrance - this is a risk you will need to accept if you wish to proceed. We recommend purcashing a sample when ordering custom scents. Designer dupe fragrances may not be the exact replica of commercial perfumes, therefore we suggest purchasing a sample prior to bulk orders. We will not be held liable for any differences in fragrances. Please reach email us if you wish to receive a copy of the safety data sheet.

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Colours:

Due to the many variations in monitors and browsers, colours may appear different on different monitors. Computer monitors are not all calibrated equally and colours reproduction on the Internet is not precise and very difficult to adjust. Since it is not possible to guarantee our online colours will look the same on all computers, we do not guarantee that what you see, accurately portrays the colour of the actual product in the reality. We do our very best to make sure our colours are as close to the exact product as possible, but cannot guarantee that what you see displayed online is the exact colour in the reality for this particular product.


Please note that colours may also be varying from their formulations and ingredients from the raw materials. Colours may vary within shipments and newly arrived stocks.


Despite every effort to provide accurate images and descriptions of each product and their colours images, note that the actual colours, images and descriptions may vary slightly.


There are many reasons for that: differences in screen settings, slight differences in product finishes, differences in lighting, different shipments over time and other factors like the manufacturing process with different materials & raw ingredients, slightly different dyes for colours, different technologies to manufacture the actual products and different technologies to photography the products.


Please note that Description of products, Images & colours shown are as indicative only and may differ from your interpretation and also may differ from the actual product.

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​Florals:

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DISCLAIMER: Items may not appear exactly as portrayed in the image due to floral availability/dyes/season/customisations. Floral dyes can influence the diffuser oil colour.

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Personalisation/Labels:

Stickers/personalised decal which are not scratch proof or liquid oil proof. Due to the uneven nature of glass products and packaging, there may be visible bubbles under stickers/labels. We will try our best to minimise the air trapped during application however please consider this prior to purchase if you wish your product to be imperfection free. This will be particularly evident with clear stickers applied to glass products.

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Please note we are not a team of graphics designers. Our label designs are created using basic online software. We create a rough draft designs (after deposit) and share the drafts with clients to review and edit as they wish (provided you pay a design fee). If you wish to have something professional printed on labels we encourage you to hire an accredited graphic designer at your own cost. 

Please let us know any specific labelling requirements before ordering. All our products will come with branded Amour by Fleur stickers. 

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You are welcome to submit your own custom design(s) for the label. However we will not be resposible for the final print of your designs as labels are printed by external providers. We do not recommend the use of narrow or skinny fonts as this may alter in appearance once shrunk or enlarged to fit the label size.

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SECTION 5A - ORDERS

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​Samples:

If you wish to purchase a smell a scent, please purchase an uncustomised sample. We do not offer sampling of scents at our premises under any circumstance. It is not a premises open for the public.

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Payments:

  • Production/lead time will only begin from the date of confirmed payment.

  • Payment is via card payment only. We do not carry cash onsite therefore cannot provide change.

  • Full payment must be received before any order is dispatched or released.

  • Late payment of any remaining balance will result in the buyer paying express shipping fees if required.

  • If you have advised Amour by Fleur payment has been processed, we may ask for proof of transaction such as a bank transfer screenshot to prove your payment to verify this. Unless we (Amour by Fleur) confirm the funds have arrived into our account, your order is not confirmed and will NOT be started.​

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​Quotations:

  • All formal quotations issued from 16th July 2023 onwards will specify an expiry date. If no expiry date is mentioned, assume the price quote is valid for 2 calendar days. If payment has not been received within the quotation validity period, your order is not confirmed. If you require an extension please let us know in advance. Payment received after the quotation expiry date does not imply your prices are locked in.

  • All details for your order will be outlined in the quotation, any other details not stated are not included.

  • It is the responsibility of the payer and/or goods receiver to ensure all details are correct on the quotation/invoice prior to payment. All discrepancies must be reported via email and can only be adjusted prior to payment of the respective invoice.

  • No changes can be made to the order once a deposit of any value and/or full payment has been processed, as all orders are custom made to order. Exceptions may be made but this will imply a additonal 40% fee based off the total value of goods for a change of any kind post any value of payment. Includes changes for font, fragrance, bottles, personalisation print, colours, florals etc)

  • Please choose carefully as we do not refund/exchange due to change of mind, all orders are made to order. 

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​Giftcards & Vouchers:

  • Gift Vouchers can only be used in a single transaction

  • All gift cards and vouchers expire per the date stated on the physical card

  • Cannot be exchanged for cash or other forms of payment i.e. must be redeemed on products sold by Amour by FLeur

  • No change or refund will be given for any usused value of the voucher/giftcard

  • Lost or stolen giftcards will not be refunded or replaced

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​Price 

Price adjustments can take effect at any time without notice. If you have an existing order with deposit/full amount paid, the quantity which was initially quoted and paid for will not be affected. However if you wish to add extra pieces at a later date (post a price increase/decrease) they will be subject to new pricing schedules. Therefore please order extra (we usually reccommend 3-5% extra however this is to your discretion)

We cannot adjust prices or provide discounts once an order has been paid for either partially or fully. I.e. If you purchase 95 pieces in your initial order, then later on you realise, require 10 more pieces, we cannot adjust the price to now invoice you at the next tiered pricing level (100+pcs) for all 105pcs. It is your responsibility to order extra at the time of your initial order. Once an order if paid (either partially or fully), it is finalised and locked in - no price adjustments are possible through our e-commerce system.

Any additional pieces added to an order with less than 6 weeks notice will be subject to a rush order fee of up to 40% additional. This is due to extra resources required to fulfill your request with insufficient notice.

Lead Times & Rush Order Fees:

  • All orders require a minimum 8 weeks notice from day payment is received. We encourage all orders to be booked with sufficient notice in order to ensure enough materials are in stock to cater (and avoid disappointment)

  • Any orders required within 6 weeks will incur a rush order fee of up to an additional 40% surcharge (the fee will be determined to our discretion and based on our schedule and demand at the time of order.

​Other:

  • Mixing of customisations including fragrances, colours florals etc is NOT allowed. For example if you wish to purchase 20 diffusers, you CANNOT choose 10 bottles to have fragrance X and othe remaining bottles to have fragrance Y. All bottles will need to have the same customisations under our current tiered wholesale structure pricing.

  • Amour by Fleur will not refund if you wish to reduce your order quantity after a deposit has been paid. Therefore please ensure you order extra for any unaccounted for guests. We cannot offer the original pricing for extras/add ons to your intial order. 

  • Any orders that are not collected 2 weeks after the original event date (or date required by) will be discarded and will not be eligible for postponement. You will need to place a brand new order and submit a new payment for the order.

Shipping:

Shipping costs will be calculated based on quantity ordered and will be added to the quote. Alternatively, orders are available for free local pickup (Merrylands, NSW 2160). Amour by Fleur is not responsible for any damages during transit and after the order has been delivered to the consigned delivery address (as mentioned on the invoice) or once collected from our premises (with pickup option). It is the responsibility of the receiver to quality check all products upon receipt within 5 days to be applicable for any faulty claims. Amour by Fleur will not be held liable to any indirect, consequential, incidental, special or punitive damages if items are resold through a third party.  Please read all our policies prior to proceeding with any orders as we are not liable for any compensation of any form. No refund or exchange on any order once paid (partial or full) - as these are made to order.

Any change of address for any reason after the courier booking has been made will incur a fee of $40 AUD admin fee.

Orders do not come with printed safety/care instructions/allergen labelling unless requested otherwise - but can be provided via email if requested. All food based favours/bombonieres are categorised as catering therefore the purchaser is responsible to advise all guests/end receipients of all allergy/nutritional contents. All spray based favours/bombonieres are strictly for proper adult use as we are not liable for any bodily harm for improper use.

​We are not liable for any shipping movements once they leave our care (Incoterms CPT Merrylands 2160) If shipping has been arranged between a client and an external party (i.e. not by Amour by Fleur) we will not be held responsbile for any delays or misfortune. Please ensure you have done all the necessary checks and clearances prior to committing to an order with us if you plan to send the gifts overseas.

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  • Freight: We do not organize or cater for international freight at this point in time. It is the responsibility of the buyer to ensure goods are packaged securely for international or local freight. We are not liable for the product once they have been collected from our premises. If you wish to ship them elsewhere after picking up the order, we will not be held liable for any damages or paperwork (including fees or sign offs). Please ensure all necessary enquiries (including ETA & documentation) are made with airlines and/or freight companies prior to payment as the deposit is non refundable. Please pay particular attention when sending spray items overseas (see below)

  • Caution: Sprays contain ethanol, therefore classed as Dangerous Goods (Flammable Liquids, Class II, UN1170). Therefore special arrangements are required for freight. It is the responsibility of the buyer to ensure goods are packaged securely for international freight. We do not organize international freight. We will not be held liable for any damages, taxes, fees or documentation, if goods are shipped internationally. Please ensure all necessary enquiries (including permissions, ETA & documentation) are made with airlines and/or freight companies prior to payment as the deposit is non refundable. Special arrangements are required for domestic freight - therefore freight is more expensive for these products. Shipping these items requires a signature for delivery - please ensure you are on premises to accept the delivery. We will not be responsible for any redelivery costs or change of address costs - the buyer will be issued an invoice for any costs associated with redelivery/change of address.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

By purchasing from Amour by Fleur (either deposit or full payment) we reserve the right to distribute photos of your order at any time for marketing purposes on any social media/online/printed/in person or other format to our discretion. If you do not agree to these terms, you are responsible for advising Amour by Fleur your distribution preferences. All images/designs/products are classed as intellectual property of Amour by Fleur and cannot be used by other businesses as you may be subject to copyright infringement penalties.


SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Amour By Fleur, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Amour by Fleur will not be held liable to any indirect, consequential, incidental, special or punitive damages if products are resold through a third party either in its original or altered format.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Amour By Fleur and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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