Website Terms and Conditions

1. Introduction

Website Agreement: By using the Kayhan Audio website, you accept and agree to be bound by these terms and conditions.

Contractual Relationship: These terms create a binding contract between you and The Trustee for Green Locals Australia Trust, trading as Kayhan Audio (ABN: 51 799 255 761).

Non-Acceptance: If you do not agree to these terms, you must not use the website.

Updates to website Terms and Conditions: We may modify these terms at any time by updating this page. Your continued use of the website after such updates indicates your acceptance of the new terms.

2. Website Access and Use

You are authorized to use this website solely in accordance with these terms and applicable laws. You must also ensure that your employees, sub-contractors, and other agents using or accessing the website comply with these terms.

3. User Obligations

You are prohibited from engaging in the following activities on the website:

• Copying, mirroring, translating, adapting, or modifying any part of the website without authorization;
• Using the website for unauthorized or fraudulent purposes;
• Interfering with, disrupting, or overloading the website operations;
• Using automated scripts or software in conjunction with the website;
• Engaging in behavior that negatively impacts our reputation or security;
• Attempting unauthorized access or conducting security breaches.

4. Website Content and Information

Commitment to Accuracy: We strive to ensure that the information on our website is as current and precise as possible.

No Guarantees Provided: Despite our efforts, you acknowledge and agree to the maximum extent permitted by law, that we do not guarantee:

• The website will be entirely free from errors or defects.
• The website will be continuously accessible.
• Messages sent through the website will be delivered promptly, or indeed at all.
• Information you receive or provide through the website will be secure or remain confidential.
• Any information available on the website is completely accurate or truthful.

Right to Modify Content: We reserve the right to alter any content or functionality on the website, including product descriptions, pricing, and other website content, at any time without prior notification.

5. Intellectual Property Rights

All materials on the website, including designs, text, graphics, logos, and software, are owned by or licensed to us.

You may make a temporary electronic copy of parts of the website for personal viewing. Any other use, including reproduction and distribution, requires prior written consent from us.

6. External Links

This website may include links to external websites. These are provided for convenience, and we do not endorse or assume responsibility for the content or practices of these sites.

7. Security Measures

We are committed to maintaining the security of our website; however, we cannot guarantee that our site is immune to cyber threats. We advise taking personal precautions when accessing the website.

8. Reporting Misuse

Please report any misuse of the website, errors, or accessibility issues to the contact information provided on our site.

9. Privacy Policy

Your use of this website is also governed by our Privacy Policy, which is incorporated into these terms by reference and available here: Privacy Policy.

10. Limitation of Liability

We disclaim all liability for any losses or damages you might incur as a result of using this website. You agree to indemnify us against any losses, damages, or claims arising from your use of our website.

11. General Legal Provisions

Governing Law and Jurisdiction

This agreement is governed by the laws of Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts of appeal from them for any proceedings arising from or related to this agreement.

Each party irrevocably waives any objections to the venue of any legal process on the grounds that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any rights unless such a waiver is in writing and signed by the party granting it.

Severance

Any term of this agreement that is wholly or partially void or unenforceable will be severed to the extent that it is void or unenforceable. The validity and enforceability of the remaining terms of this agreement will not be affected.

Joint and Several Liability

Any obligation or liability assumed by, or a right conferred to, two or more persons binds or benefits them both jointly and severally.

Assignment

No party may assign, novate, or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, conduct, arrangements, understandings, or agreements, whether express or implied, relating to its subject matter.

Interpretation

• Singular and Plural: Unless the context requires otherwise, words indicating the singular number include the plural and vice versa.
• Gender: Words indicating a gender include all genders.
• Defined Terms: If a word or phrase is defined, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
• Person: A reference to “person” or “you” includes individuals, estates, corporations, authorities, associations, consortia or joint ventures (whether incorporated or unincorporated), partnerships, trusts, and other entities.
• Party: A reference to a party includes that party’s executors, administrators, successors, and permitted assigns, including those taking by novation; in the case of a trustee, it includes any substituted or additional trustees.
• This Agreement: Any reference to a party, clause, paragraph, schedule, exhibit, attachment, or annexure is a reference to the same within this agreement.
• Document: A reference to a document (including this agreement) is to that document as varied, novated, ratified, or replaced over time.
• Headings: Headings and words in bold type are for convenience only and do not affect the interpretation.
• Includes: The word “includes” and similar words are not words of limitation.
• Adverse Interpretation: No provision of this agreement will be interpreted adversely to a party solely because that party was responsible for the preparation of this agreement or that provision.
• Currency: A reference to $, or “dollar”, refers to Australian currency, unless otherwise agreed in writing.