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Ourlit Website
Terms of Use

Welcome to the website of Ourlit Pty Ltd (ACN 667 975 082) trading as Ourlit ("we", "us" or "Ourlit"), an online marketplace that enables you to buy and sell books from other Users.

This website is located on the web via the domain https://ourlit.com.au/ and includes all of the files located in that domain (the “Site").

1. Acceptance of Terms of Use

Use of Site

1.2 By accessing this Site, and using the services offered through the Site, including but not limited to:

  1. creating an Account;

  2. using the features and associated software, networks and processes of the Site, such as posting Book Listings and/or placing an order for a book on the Site; and

  3. participating in Ourlit’s marketing and promotional communications,
(collectively, the “Services”) you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Ourlit and govern your use of this Site, and your continued use of the Site constitutes your acceptance and acknowledgement of these Website Terms of Use, our Privacy Policy and any other policy displayed on this Site from time to time, all of which constitute a part of, and are incorporated by reference into, these Website Terms of Use. If you do not agree to the Website Terms of Use, you must not use the Site.

1.3 We may amend or modify the Site, these Website Terms of Use, the Privacy Policy, and any other policy displayed on the Site from time to time, at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of these Website Terms of Use as modified.

Legal capacity to transact

1.4 If you are under thirteen (13) years of age, you cannot create an Account or place orders through this Site. If you are thirteen (13) or older but under the age of eighteen (18), by using this Site you represent and warrant to Ourlit that you have reviewed these Website Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of eighteen (18) (referred to herein as a “Minor”) to create an Account, you agree to:
  1. exercise supervision over the Minor's use of the Site and their Account;

  2. assume all risks associated with the Minor's use of our Site and their Account, including the transmission of content (including User Content) or information to and from third parties via the Internet;

  3. ensure that the content and information that the Minor may encounter on our Site are suitable for the Minor;

  4. assume liabilities resulting from the Minor's use of our Site and their Account;

  5. ensure the accuracy and truthfulness of all information submitted by the Minor; and

  6. provide the consents contained in these Website Terms of Use on behalf of the Minor.

1.5 We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Site and your Account on this basis.

1.6 Should Ourlit suffer any damage or other losses as a result of a transaction entered into by a Minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2. Definitions and Interpretation

Definitions

2.1 The following definitions apply in this Website Terms of Use unless the context requires otherwise:

Account means an account created by Users on the Site, as required by Ourlit from time to time.

Book Listing means the Seller’s listing on the Site for the sale of book(s) and includes User Content; and “Book Listings” shall have the same meaning.

Buyer means a User who purchases book(s) from a Seller.

Chat Function means the chat feature within the Site that enables real-time communication between Users.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:
  1. liabilities on account of tax;

  2. interest and other amounts payable to third parties;

  3. legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and

  4. all amounts paid in settlement of any Claim.
Payment Account means the User’s account with the Payment Gateway.

Payment Gateway means any online payment platform including Stripe, or any other gateway we may elect to use from time to time.

Picked Up refers to the status of the order once it has been picked up at the mutually agreed location between the parties (i.e. the order is marked as ‘Picked Up’).

Privacy Policy means our privacy policy available at https://ourlit.com.au/privacy-policy.

Representative means Ourlit’s directors, officers, contractors, employees, consultants, partners, advisors or other Affiliates; and “Representatives” shall have the same meaning.

Seller means a User who makes an offer and or accepts to sell a book to a Buyer as further described in clause 5.1.

Service Fee means the fees payable to Ourlit by Sellers for books sold via the Site, and which fee shall be calculated in accordance with clause 7; and “Service Fees” shall have the same meaning.

Shipped refers to the shipping status of the order once the order has been dispatched (i.e. the order is marked as ‘Shipped’).

Site means the websites located at https://ourlit.com.au.

Stripe means Stripe Payments Australia Pty Ltd, an online third-party Payment Gateway used for Ourlit’s billing purposes.

User means any person visiting or using the Site or Services, regardless of whether registered or unregistered, and includes Sellers and Buyers.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

We, we, us, or our means Ourlit Pty Ltd (ACN 667 975 082) trading as Ourlit and its related entities or body corporates.

You, you, or your mean any User, person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site.

3. Restrictions on use

Prohibited conduct

3.1 Your use of this Site is subject to the rules set out in Schedule 1 below.

Violations of these Terms and Conditions

3.2 Without limiting any other remedies available to Ourlit at law or in equity, Ourlit reserves the right to, without notice:
  1. temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide the Services to you if:

    1. you breach any provision of these Website Terms of Use;

    2. or Ourlit is unable to verify or authenticate any information that you provide to us; or

    3. Ourlit believes that your actions may cause damage and/or legal liability to Ourlit, any of its Users or any other person; and

  2. remove or block access to any information and/or materials (in whole or in part) that Ourlit, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.
Indemnity

3.3 You indemnify and hold harmless Ourlit and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any Loss, liabilities, costs, expenses or damages (including actual, special, indirect and consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
  1. any material or information that you submit, post, transmit or otherwise make available through this Site (including any Uploaded Content);

  2. your use of, or connection to, this Site; or

  3. your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
4. Registration and Account security

Requirement for registration

4.1 Ourlit reserves the right to make any parts of this Site accessible only to Users who have registered an Account. Without registering an Account with Ourlit, Users will be restricted from buying and selling books on the Site.

Username and password

4.2 Upon registration with this Site, you are required to provide a username and password to access your Account. You are responsible for maintaining the security of your password for this Site. Ourlit will not be liable for any Loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Ourlit will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.

4.3 You must notify Ourlit immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

4.4 In order to register an Account with this Site, you must agree to these Website Terms of Use and provide Ourlit with:
  1. a valid email address;

  2. accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator);

  3. and any other information that may be required by Ourlit during the registration process.
4.5 You must promptly update this information to maintain its accuracy at all times.

4.6 You represent and warrant to Ourlit that all information provided to Ourlit by you, including the information provided by you through our account registration module or entered into your Account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

4.7 One person may not maintain more than one Account with this Site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registration

4.8 Ourlit reserves the right to accept or reject any application for registration of an Account with this Site at its discretion.

5. Listings

5.1 Only Users who have registered an Account with Ourlit may create Book Listings on the Site (hereinafter referred to as‘Sellers’).

Seller Obligation

5.2 By creating a Book Listing on the Site, the Seller acknowledges and agrees that:
  1. the Seller is solely responsible for the accuracy, completeness and content of the Book Listing, and the Seller must promptly update the Book Listing to maintain its accuracy at all times;

  2. the Seller will include the condition of the book to be sold, an accurate type and category, complete and accurate details of the book and describe any defects and/or flaws in the book;

  3. the Seller must only include one book in a Book Listing unless it is a series;

  4. the Seller must not upload photographs that do not accurately represent the book for sale;

  5. any User Content which violates these Website Terms of Use, or any other policies introduced by Ourlit from time to time may be modified and/or deleted at Ourlit’s sole discretion;

  6. Ourlit is not liable for any delays and/or stolen books and/or books lost in transit as the contract for the sale and/or purchase of books is between the Seller and the Buyer directly;

  7. when a book is sold the Seller will arrange delivery in a timely manner and mark the order as ‘Shipped’ once the order is dispatched;

  8. if the Seller can no longer sell a book, they must cancel the order in a timely manner and notify and any monies paid in relation to that order shall be refunded in full by the Seller to the Buyer;

  9. and they are encouraged to use utilise the Chat Function to communicate with the Buyer.
Buyer Obligations

5.3 The Buyer acknowledges and agrees that:
  1. order’s placed on the Site are entirely at their own risk and the Buyer shall rely on their own enquiries and judgement;

  2. the Buyer is responsible for reading and understanding the Book Listing prior to purchasing the book(s) and are encouraged to view ratings and reviews prior to placing an order;

  3. the Buyer is encouraged to rate Sellers after receiving their order to help the Ourlit community; and

  4. they are encouraged to use utilise the Chat Function to communicate with the Seller.
6. Orders, Shipping and Pick Up

Orders

6.1 By placing an order through this Site, the Buyer acknowledges and agrees that the agreement for the purchase is made solely between the Buyer and the Seller and Ourlit does not transfer legal ownership of a book from the Seller to the Buyer.

6.2 By creating a Book Listing on the Site, the Seller acknowledges and agrees that the agreement for the sale of the book(s) is made solely between the Seller and the Buyer and Ourlit does not transfer legal ownership of a book from the Seller to the Buyer.

Shipping

6.3 The Seller acknowledges and agrees that:
  1. the Seller is responsible for setting the shipping cost when the Book Listing is created (which shall be shown against the Book Listing during checkout), which may be edited at a later stage prior to a Buyer placing an order in respect to the Book Listing;

  2. the Seller is responsible for any difference in postage cost from the original Book Listing price in circumstances where it costs more to ship the book(s) than was anticipated by the Seller;

  3. they are responsible for all insurance costs, as well as packing and shipping the items to the Buyer;

  4. they shall dispatch the items to the Buyer’s nominated address in no less than three (3) days from the date the order is placed by the Buyer;

  5. the order will be marked as ‘Shipped’ on the Site once the order has been dispatched;

  6. in order to update the status of the order to ‘Shipped’, the Seller must provide a valid tracking number and the details of the courier;

  7. they will comply with all applicable Australian delivery regulations;

  8. in the event that the Buyer does not receive the item, that the Seller shall be prepared to provide valid proof of dispatch, evidencing that: (i) the item was dispatched; and (ii) the item was dispatched to the Buyer’s nominated address.
6.4 The Buyer acknowledges and agrees that in circumstances where the Buyer has provided the incorrect address, the Buyer shall be responsible for all additional postage charges.

Pick up

6.5 The Seller, at their sole discretion, shall have the option to either ship the items to the Buyer's designated address or arrange for a local pick up. If the local pick up option is available, the Seller must indicate this in the listing.

6.6 If the book is available for pick up, information in respect to the item’s location shall be available to the Buyer during checkout.

6.7 If the local pick up option is available to the Buyer, and the Buyer wishes to utilise this option, the Buyer must select this option during the checkout process to indicate their preference for pick up rather than shipment. Upon placement of the Order, both parties are responsible for coordinating a mutually convenient time and location for the pick up and shall communicate with one another using the Chat Function, and/or any other mutually agreed-upon communication method.

6.8 Each party shall bear any additional costs incurred during the local pick up, including but not limited to transportation expenses.

6.9 Once the pick up is complete, the Seller may mark the order as ‘Picked Up’ on the Site in order to trigger a payout via the Payment Gateway, Stripe.

6.10 The Buyer acknowledges that they are solely responsible for inspecting the items at the time of pick up and confirming their conformity to the specifications outlined; and

6.11 Each party acknowledges and accepts the associated risks based on the chosen delivery method.

7. Payment

Service Fee

7.1 Ourlit collects a twenty percent (20%) fee on every Book Listing sold by the Seller to a Buyer (herein referred to as the ‘Service Fee’) in accordance with the terms set out in this clause 7 and these Website Terms of Use.

7.2 The Seller acknowledges and agrees that the Service Fee: is deducted from the total amount received from the Book Listing plus GST (if applicable), excluding any shipping costs; and is collected by Ourlit when the Buyer’s payment is captured which occurs immediately after the Buyer’s order is processed.

7.3 The Service Fee is inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment Method

7.4 Ourlit uses Stripe, being the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343) trading as "Stripe", for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions and privacy policy. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

7.5 All payments for orders placed through this Site must be paid for using Stripe, or any other Payment Gateway Ourlit may elect to use from time to time in its absolute discretion. The Seller shall be able to post Book Listings on the Site, even if the Seller is not yet verified with Stripe. However, the Seller shall not be able to receive a payout to their linked bank account until such time the Seller is verified on Stripe.

7.6 Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).

7.7 The amount the Seller receives on a sold Book Listing are held securely in the Seller’s Payment Account via the Payment Gateway.

7.8 Payouts occur after the Seller marks the listing as ‘Shipped’ or ‘Picked Up’ (as the case may be).

Refunds, Returns and Cancellations

7.9 The Seller reserves the right to cancel an order placed by the Buyer at any time prior to the dispatch of the book(s). In the event that the Seller cancels a Buyer's order for any reason, the Seller agrees to promptly notify the Buyer via the Chat Function or any other mutually agreed-upon communication method and shall include a clear explanation of the reason for the cancellation.

7.10 In the event that the Seller cancels an order that has not yet been dispatched to the Buyer, any monies paid in relation to that order shall be refunded in full by the Seller and Ourlit shall refund the Service Fee to the Buyer.

7.11 Provided that the order has not been marked as ‘Shipped’ or ‘Picked Up’, the Buyer may cancel their order only after a minimum period of seven (7) days has elapsed since the initial placement of the order, unless the Buyer notifies the Seller via the Chat Function, or any other mutually agreed-upon communication method clearly expressing the desire to cancel the order. The Seller retains the right to approve or reject the cancellation request at their discretion during this seven (7) day period. If the Seller accepts such request to cancel the order, any monies paid in relation to that order shall be refunded in full by the Seller. After the seven (7) day period has passed, and the order not being marked as ‘Shipped’ or ‘Picked Up’, the Buyer retains the right to cancel the order without the need for Seller approval and any monies paid in relation to that order shall be refunded in full by the Seller.

7.12 The Buyer may request a refund from the Seller if the book(s) have been delivered to the Buyer and are not as described in the Book Listing (e.g., the Seller has sent the incorrect book). Buyers are encouraged to first contact the Seller to request a refund. If the Seller does not return your message within three (3) business days, the Buyer may open a case with us by contacting Ourlit’s support team using our support google form located on the Site or via our email address at support@ourlit.com. To open a case, the Buyer’s email must include a photo of the book(s). Ourlit’s support team will then review the request and will endeavour to get back to the Buyer as soon as possible.

7.13 If Ourlit’s support team determines that the book(s) delivered to the Buyer are not as described in the Book Listing, Ourlit will request that the Seller refund the Buyer.

7.14 The Seller is required at all times to keep sufficient funds in their Stripe balance until the Buyer receives their order in the event that the Buyer is entitled to a refund. If the Seller does not refund the Buyer, Ourlit reserves the right, without notice to the Seller, to temporarily or indefinitely suspend, or terminate, the Seller’s access to this Site.

7.15 From time to time, Ourlit may, in its absolute discretion, may grant the Buyer a refund.

7.16 Except as expressly provided otherwise in these Website Terms of Use and required under the Australian Consumer Law, all amounts paid in respect to the Service Fee are non-refundable (except as otherwise specified in clause 7.10 in the event that an order is cancelled by a Buyer). Further information on the steps that Ourlit will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.

Security

7.17 While our Site hosting providers employ secure technology for transactions with our Users, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a User whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Ourlit.

7.18 Ourlit and/or the Payment Gateway may request further information from you as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order and/or account setup via Stripe has passed our internal fraud prevention checks, your order and/or Stripe account will remain on pending status.

GST

7.19 Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be exclusive of GST.

8. Intellectual property

Copyright

8.1 In these Website Terms of Use, the term "Proprietary Content" means:
  1. this Site;

  2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof);

  3. and all software, systems and other information owned or used by Ourlit in connection with the products and services offered through this Site (whether hosted on the same server as this Site or otherwise).
8.2 All Proprietary Content is the property of Ourlit or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorized by these Website Terms of Use or with the prior written consent of Ourlit or other copyright owner (as applicable).

8.3 You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trade Marks

8.4 The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Ourlit. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Ourlit.

User Content

8.5 In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as images, book descriptions, and other details in respect to a Book Listing, together with reviews, ratings and feedback.

8.6 This Site contains some features that enable you and other users to upload User Content. Ourlit reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
  1. represent and warranty to Ourlit that your sharing of that User Content does not infringe any copyright or other legal right of any other person;

  2. and grant to Ourlit a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Ourlit’s absolute discretion.
Copyright claims

8.7 If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within fourteen (14) days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

9. Disclaimer of warranty

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OURLIT AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

9.2 This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Ourlit and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
  1. the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

  2. this Site will meet your requirements or expectations;

  3. anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;

  4. the quality of any products, Services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;

  5. errors or defects will be corrected;

  6. or this Site or the servers that make it available are free of viruses or other harmful components.
10. Limitation of liability

Exclusion of liability

10.1 To the maximum extent permitted by law, Ourlit and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any Loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person.

10.2 You acknowledge that when you use the Site to publish a Book Listing, place an order and/or purchase a book, or otherwise when you use the Site in any way, you do so entirely at your own risk and relying on your own enquiries and judgement. Ourlit will not be liable for any Loss or damage arising from or in connection with Book Listing and/or order placed on the Site.

Remedies limited

10.3 To the maximum extent permitted by law, Ourlit and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Ourlit's sole discretion):

a. the supply of the Services again; or

b. the payment of the cost of having the Services supplied again.

Release

10.4 You agree that your use of this Site is at your own discretion and risk. You agree to release Ourlit and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this Site by you or any other person. Ourlit may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

10.5 To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Ourlit excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Ourlit, and Ourlit shall be entitled to a reasonable extension of time for the performance of such obligations.

11. General

Interpretation

11.1 In these Website Terms of Use, the following rules of interpretation apply unless the context requires otherwise:
  1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

  2. where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

  3. a reference to a document (including these Website Terms of Use) is a reference to that document (including any schedules and annexures) as amended, consolidated, supplemented, novated or replaced;

  4. an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators;

  5. a reference to writing includes any communication sent by post, facsimile or email;

  6. a reference to time refers to time in Sydney, New South Wales and time is of the essence;

  7. all monetary amounts are in Australian currency;

  8. the word “month” means calendar month and the word “year” means twelve (12) calendar months;

  9. the meaning of general words is not limited by specific examples introduced by “include”, “includes”, "including", "for example", "in particular", “such as” or similar expressions;

  10. a reference to a “party” is a reference to a party to these Website Terms of Use, and a reference to a “third party” is a reference to a person that is not a party to these Website Terms of Use;

  11. a reference to any thing is a reference to the whole and each part of it;

  12. a reference to a group of persons is a reference to all of them collectively and to each of them individually;

  13. words in the singular include the plural and vice versa;

  14. and a reference to one gender includes a reference to the other genders.

Notifications

11.2 Ourlit may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

11.3 Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

11.4 You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Ourlit's prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

11.5 Ourlit may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

11.6 Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Ourlit to act with respect to a breach by you or others does not waive Ourlit's right to act with respect to that breach or any subsequent or similar breaches.

Severability

11.7 The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

11.8 Ourlit reserves the right to amend these Website Terms of Use and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the products/Services offered through this Site.

11.9 You may only vary or amend these Website Terms of Use by written agreement with Ourlit.

Governing law and jurisdiction

11.10 These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:
  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;

  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

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