Terms & Conditions
Website Terms of Use Agreement
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between
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Pearls and Plates (ABN: 78 822 792 662)
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The user of this website (“You/Your”)
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Your use of this website is subject to these legally binding terms and conditions.
Please read them carefully before proceeding with entering the website. If you do not accept these terms and conditions, You must exit this website immediately.
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1. Website Terms and Conditions
a) The Website is for the purpose of enabling user’s access to Pearls and Plates range of products. The Website is owned and operated by Pearls and Plates. This Agreement supersedes all prior agreements and may be revised by Pearls and Plates from time to time.
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b) This Agreement must be read in conjunction with the Privacy Policy.
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2. Your use of the Website
a) You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
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b) You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Pearls and Plates computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
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3. Services provided on the Website
a) Pearls and Plates reserves the right to add, modify or discontinue any of the services and products offered on the Website at any time without notice. Pearls and Plates will not be held liable for any decision to modify or discontinue a service or product.
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b) The prices displayed on the Website include GST but do not include a delivery charge. Prices on location, in print and online may vary.
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c) Once you have booked your ticket, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your booking, we will let you know at the earliest opportunity. If we have already received payment for such booking, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a Pearls and Plates representative will contact you to settle the refund.
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d) cancellation / refund policy?
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e) We make all reasonable efforts to accurately display the attributes of our events.
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f) Pearls and Plates will endeavour to display correct pricing and event information at all times, if the information displayed is incorrect or if we are unable to fulfil an order due to availability, Pearls and Plates reserve the right to cancel the booking at any time and will provide a full refund of any money paid.
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4. Future changes
a) From time to time, this Agreement will be reviewed and may be revised. Pearls and Plates reserves the right to change this Agreement at any time. Any such changes will be posted on the Website.
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b) Your continued use of the Website will constitute your acceptance of the variation of the Agreement.
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5. Website availability
a) From time to time down-time, either scheduled or unscheduled, may occur. Pearls and Plates will work within reason to ensure this amount of down-time is limited.
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b) Pearls and Plates will not be held liable for the consequences of any down-time.
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6. Intellectual Property
a) Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
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b) Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Pearls and Plates or by other parties that have licensed their material to Pearls and Plates.
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c) Pearls and Plates trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Pearls and Plates.
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d) All rights not expressly granted are reserved.
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e) This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Pearls and Plates direct control and Pearls and Plates accepts no responsibility or liability in respect of any such third-party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that Pearls and Plates is entitled to require you to remove any link from another website to this Website which you install without obtaining Pearls and Plates prior written consent.
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7. Limitation of Liability
1. To the maximum extent permitted by law, Pearls and Plates does not give any warranty in relation to the content, accuracy, or any other aspect of:
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a. any material on the Website; or
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b. the performance of the Website.
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2. To the maximum extent permitted by law, Pearls and Plates excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of the use or reliance on any information on the Website;
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a. accessing or using the Website; or
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b. any interruption, suspension or termination of the Website for whatever reason.
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Pearls and Plates exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Pearls and Plates has been notified of the possibility of such loss or damage.
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You agree that Pearls and Plates liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.
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Force Majeure
Pearls and Plates will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Pearls and Plates reasonable control.
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Termination
Pearls and Plates (ABN: 78 822 792 662) reserves the right to cease providing services at any time.
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Pearls and Plates shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
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Governing law
These terms and conditions will be governed by and construed in accordance with the laws of the state of Western Australia, Australia.
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Definitions
“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time.
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“Pearls and Plates” means
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trading as Pearls and Plates.
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“Website” means internet website with the URL’s
of http://www.pearlsandplates.com.
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“You” means the user of the Website (and “Your” has the corresponding meaning).