Welcome to the Clay & Hunt website. This website is owned, managed and operated by Clay & Hunt Pty Ltd ACN 117 640 614 (herein referred to as CH).
Copyright in Website Material
All of the material on and in relation to the website is and remains the property of CH at all times, or in the case of some material, brands CH distributes on behalf of. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of CH copyright and other propriety rights. You may copy and email our webpage URL’s to your colleague’s family and friends for private non-commercial usage.
CH is the owner or authorised user of all intellectual property in and associated with this website. CH is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
You have no rights in or licence to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.
Usernames and Passwords
If CH provides you with a username and password access to this website, then you must keep your username and password confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).
In order to create an account, you must provide personal details and contact information.
You are responsible for maintaining the confidentiality of your account or password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Regardless of whether you create an account or check out as a guest, you warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept the responsibility that fulfilment of your order is predicated on the information that you have provided to us. This website is intended for use by persons aged 18 years or older. Users under 18 are advised to ask a parent or guardian for their permission before purchasing any products from this website.
Once registered you will be entitled to shop online and purchase products securely with your valid credit card or other method of payment. By submitting an order, you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and shipping charges) to that card or payment method. If the card (or other method of payment) cannot be verified, is invalid or is not otherwise acceptable, your order may be suspended or cancelled automatically
To purchase goods via this website, you may create an account or check-out as a guest.
If you check out as a guest, full access to functionality on this website may not be available to you including order history, order status, address book and receipt of additional marketing communications.
In addition to obligations listed elsewhere in these Terms, you agree:
- Not to copy or adapt any Materials, tamper with this website, misrepresent your identity, use buying agents or conduct fraudulent activities on the website;
- Not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;
- To access this website for personal use only;
- To comply with all laws in relation to your access or use of Materials on this website, including laws of the country in which you reside or from which you access this website; and
- Not to use any data listed on this website for commercial purposes e.g. through price or information scraping.
Changes to Website and Your Access
Without prior notice to you and in its absolute discretion, CH reserves the right to;
- Vary or discontinue the website or any page of the website at any time; and
- Suspend or terminate your access to part or all of the website at any time,
- And CH is not liable to you for any loss, damage, cost or expense you may suffer if either we exercise any of these rights.
This website is provided to you by CH “as is”. To the fullest extent permitted by law, CH excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:
- Merchantability and fitness of purpose;
- The website meeting your particular interests and requirements;
- The material on the website being accurate, complete or reliable;
- The website and the server being available and free of defects;
- The website and the server being free of technical problems or viruses; and
- The confidentiality of information transmitted to or from the website.
To the maximum extent permitted by law, CH accepts no responsibility regarding the completeness or accuracy of information on this website and use of such information is at your own risk.
Reproduction of colours is as accurate as photographic processes allow, however please note that product colours in-store may vary slightly from what is displayed on your computer monitor and may vary from monitor to monitor.
Although listed on the website, some items, sizes, colours and styles might not be immediately available or temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.
Limitation of Liability
To the fullest extent permitted by law CH excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from;
- Your use or misuse of the website or any material on the website;
- Your inability to access or use the website or any material on the website;
- The loss or modification of information or material transmitted to or from the website;
- The loss of confidentiality in any information or material transmitted to or from the website;
- Any defect, technical problem or virus attached to or arising from the website or the server;
- The use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
- Any injury or illness you or any other person sustains as a result of the use of the website; and
- The products on display on the website being unavailable at any time.
If CH breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of CH for a breach of the applicable term, condition or warranty is limited to, at the election of CH,
- The resupply of the relevant product, advice, service, recommendation or information; or
- The payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.
You are entitled to statutory consumer guarantees under the Australia Consumer law. CH does not exclude or limit those consumer guarantees.
Severance of Clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
Changes to Terms
CH reserves the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. By using this website, you agree to be bound by all revisions and you should therefore review this page regularly to ensure that you are aware of the changes to the Terms.
These Terms and your use of this website are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria.