Terms & Conditions
This website is owned and operated by Everstar.
Use of this website is subject to these Terms & Conditions.
Everstar is not liable to you or any other for any loss in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms & Conditions.
Please note: Everstar reserves the right to amend the Terms & Conditions at any time. However, since you are bound by these Terms & Conditions, you should periodically refer to them.
DISCLAIMER OF LIABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
We are not liable to you or anyone else for any Loss in connection with use of this website or a linked website.
This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.
Specific Warnings and Disclaimers
The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be corrected.
We may, from time to time, change or add to this website (including these Terms & Conditions) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
Under no circumstances (including but not limited to any act or omission on the part of Everstar) will Everstar be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.
All Goods purchased from Everstar are intended for personal non-commercial use only.
From time to time, Everstar restricts the quantity of Goods which can be purchased in one Order/Transaction, or by one person, household or address during a particular of time, Any quantity restrictions will be stated on the online product page, in advertising materials or otherwise advised by Everstar.
Everstar may reject or cancel any order(s) it deems to be in violation of its product quantity restrictions in its total discretion.
To the fullest extent permitted by law, Everstar' liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Everstar to the following:
- in the case of services supplied or offered by Everstar, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Everstar, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
The Terms & Conditions are effective until terminated by Everstar and Everstar may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms & Conditions will survive.
This website is our copyright property.
You are provided with access to it only for your personal and non-commercial use.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
- commercialiseany information, products or services obtained from any part of this website without our written permission.
These trade marks and other Everstar products and services referred to in this website are trade marks of Everstar.
Other product and company names mentioned in this website may be the trade marks of other people or entities.
Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without the express written permission of Everstar or third party owner.
This website may contain links to linked websites. Those links are provided for convenience only any may not remain current or be maintained.
Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated.
Unless otherwise stated the linked websites are not under the control of Everstar and Everstar is not responsible for the contents of any linked website. You link to any such website at your own risk.
Everstar uses two types of cookies on this website. These are session cookies and permanent cookies.
Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.
Upon closing your browser the session cookie set by this website is destroyed and no personal information is maintained which might identify you should you visit our website at a later date.
Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.
To enable Everstar to recognise each time your browser visits the Everstar website it downloads a cookie onto your hard drive.
Through the use of the cookie Everstar is able to:
(a) recognise your browser each time it visits our site; and
(b) track which pages you visit while at our site.
In this website:
"Consumer Guarantee" means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers.
"linked websites" means websites of persons or entities other than Everstar which are hyperlinked from this website.
"personal information" means any information from which your identity is apparent or can be reasonably be ascertained.
"website" means the whole or any part of the web pages located at www.everstar.com.au (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)
"We" and "us" refer to Everstar and "our" has the same meaning.
Nothing contained in these Terms & Conditions derogates from Everstar right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Everstar with respect to that use.
© 2016 Everstar