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Terms & Conditions
Please take a few moments to read these Terms and Conditions prior to using this web site. These Terms and Conditions govern the use of this web site including the purchase of any goods or services from it. Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact Filos Mou Pty Ltd prior to using this web site.
Acknowledgement and acceptance of terms and conditions
This web site is owned and operated by Filos Mou Pty Ltd Trading as Noisy Motel (ABN 63 097 759 861). By accessing, browsing or using this Web site, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge and agree that you have read and understood these Terms and Conditions.
By downloading any of the information on this Web site, purchasing an item from this Web site and/or by completing the registration process to become a member of Filos Mou Pty Ltd, you expressly agree to be bound by these Terms and Conditions.
Amendments to terms and conditions
Filos Mou Pty Ltd may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notice by e-mail, conventional mail service, or any other means of communication, including notification in this section of this Web site. Your continued use of this Web site after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
User and other information provided by you
You agree to:
• provide certain current, complete, and accurate information about yourself as prompted to do so by this Web site; and
• maintain and update this information as required to keep it current, complete and accurate.
All information provided by you when you sign up to become a Member or which you provide when placing an order is referred to in these Terms and Conditions as "User Information". You grant to Filos Mou Pty Ltd the right to disclose to third parties certain aspects of your User Information, provided that such disclosures do not include your name, mailing address, email address, account number or phone number, unless you expressly direct Filos Mou Pty Ltd to disclose such information.
When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Filos Mou Pty Ltd for any losses, costs, expenses or damages that Filos Mou Pty Ltd may suffer if any of this information is not correct.
You must not transmit or attempt to transmit any material of any kind to this Web site which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this Web site.
If any user information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this web site which contains a virus, malicious computer code or other harmful component or you otherwise attempt to alter any of the content of this web site, or you are otherwise in breach of these terms and conditions, Filos Mou Pty Ltd retains the right to terminate your rights to use this web site and to prosecute you to the fullest extent of the law.
You consent and agree to the disclosure by Filos Mou Pty Ltd to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Web site, upon being requested to do so by that law enforcement agency.
The information contained on this Web site is provided by Filos Mou Pty Ltd in good faith on an "as is" basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this Web site.
None of Filos Mou Pty Ltd, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this Web site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Web site. To the fullest extent permitted by applicable law, Filos Mou Pty Ltd disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Filos Mou Pty Ltd makes no warranty that this Web site, any information or ideas contained on this Web site or any products or services advertised on this Web site will meet your requirements, or that the Web site will be uninterrupted, timely, secure or error free.
None of Filos Mou Pty Ltd, its related bodies corporate, any of their directors, officers, employees, shareholders or any of its Members, while such Members are participating in Filos Mou Pty Ltd, are engaged in or represent that they are engaged in rendering any legal, medical, counselling or other professional advice or services. None of Filos Mou Pty Ltd, its related bodies corporate, any of their directors, officers, employees or shareholders shall be responsible or liable (including negligence) for any loss or damage caused or alleged to be caused, directly or indirectly, as a result of reliance by any person on any of the information or ideas contained in, or referred to in this Web site. Independent professional counselling or advice should be independently obtained for any problem, situation or occurrence peculiar to you or in relation to which you wish to rely.
You expressly acknowledge and agree that Filos Mou Pty Ltd does not control other users including Members, of this Web site, the providers of information or ideas to this Web site or the suppliers of goods and services purchased from this Web site and Filos Mou Pty Ltd is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from or through this Web site creates any warranty not expressly made in these Terms and Conditions.
Information on this Web site (including information relating to products and services) has been prepared in accordance with Australian law for the supply of information, products and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Web site, it is not directed at you and cannot be relied upon by you and you are unable to order any products or services from this Web site. If you do, you agree to indemnify Filos Mou Pty Ltd for any losses, costs, expenses or damages Filos Mou Pty Ltd may suffer as a consequence.
Limitation of liability
None of Filos Mou Pty Ltd, its related bodies corporate, any of their directors, officers, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this Web site; your reliance on any information or advice contained on this Web site or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Web site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this Web site, including but not limited to, damages for loss of profits, use, data or other intangible, even if Filos Mou Pty Ltd has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Filos Mou Pty Ltd for any breach of such term, condition or warranty shall be limited, at the option of Filos Mou Pty Ltd, to any one or more of the following: (a) if the breach relates to goods: (i)the replacement of the goods or supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
Ordering products or services
Any order placed by you in the manner described in this Web site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified in this Web site at the time you place your order.
Filos Mou Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this Web site, or an error in your order.
There may be reasons why Filos Mou Pty Ltd cannot fulfil your order. Therefore, your contract with Filos Mou Pty Ltd only comes into existence when Filos Mou Pty Ltd advises you that it has accepted your order and receipt of your payment has been confirmed.
Prices of products and services and delivery and other charges displayed on this Web site are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.
Until you have made payment in full for products you have ordered title in such goods will not transfer to you, but all risk in the products will pass to you on dispatch from Filos Mou Pty Ltd's or its agents' distribution centre. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this Web site.
All times for delivery listed on this Web site are indicative only. Filos Mou Pty Ltd will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products or services from this Web site once that commitment has been made for any reason, including without limitation, due to any delay in delivery.
Our Return Policy is available on the 'Returns Policy' page.
You need to register as a Member in order to purchase products and services from this Web site. Membership is free and does not obligate you to purchase anything. You will however, be responsible for any tax, duty or similar liability arising from any Membership benefit that you receive or become entitled to.
Membership is non-transferable. You may change your information on an existing membership account only to update your membership account.
Filos Mou Pty Ltd may terminate your Membership and any Membership program at any time. You may terminate your Membership by sending a written notice or an email to Filos Mou Pty Ltd. Termination of your Membership only becomes effective upon actual receipt by Filos Mou Pty Ltd of your notification of termination.
Your ability to purchase products and services from this the Web site may be terminated at any time by Filos Mou Pty Ltd without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability by Filos Mou Pty Ltd will survive termination.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this Web site.
In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Once you become a Member, you will receive a password. You are entirely responsible if you do not maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities, which occur under your email address and password. You agree to immediately notify Filos Mou Pty Ltd of any unauthorised use of your email address or any other breach of security that you become aware of.
Links to other websites
This site may contain links to Web sites maintained by other companies and organisations. Filos Mou Pty Ltd does not make any representation as to the accuracy of information contained on those Web sites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web sites.
This Web site may also contain third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to Web sites operated by third parties. All third party advertising is paid for by the relevant third party advertisers and the placement of third party advertisements on this Web site does not constitute a recommendation or endorsement by Filos Mou Pty Ltd of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party Web site.
Unless otherwise indicated, copyright in the information on this Web site is owned by Filos Mou Pty Ltd. All rights are reserved.
You may download a single copy of the information on this Web site and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of the information contained on this Web site may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Filos Mou Pty Ltd.
If you believe that you own the copyright in any work and that work is displayed on this Web site without your consent, please contact Filos Mou Pty Ltd and your complaint will be investigated.
Third Party Copyright & Trademarks
Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.
Filos Mou Pty Ltd does not represent that any information (including any file) obtained from or through this Web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Filos Mou Pty Ltd will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Filos Mou Pty Ltd, that liability shall be limited to the cost of re-supplying that information.
Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against Filos Mou Pty Ltd, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold Filos Mou Pty Ltd, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Filos Mou Pty Ltd, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Filos Mou Pty Ltd, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this Web site using your user ID, of any intellectual property or other right of any person or entity.
Participation In Promotions of Advertisers
From time to time, Filos Mou Pty Ltd will communicate, via email, items that may be of interest to you as a Member or as a user of this Web site if and only if you have agreed upon registration or subsequently to receive such emails. Filos Mou Pty Ltd may also sell or make available to advertisers online advertising using the pages of this Web site. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Web site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the you and the advertiser. Filos Mou Pty Ltd assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree to pay all sales taxes goods and services taxes, personal property or other governmental tax or levy imposed on goods or services (if any) that you purchase.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You and Filos Mou Pty Ltd agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and any courts of appeal.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Filos Mou Pty Ltd's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Filos Mou Pty Ltd in writing.
The products and services offered for sale by Filos Mou Pty Ltd are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of this Web site will be subject to civil and criminal prosecution. Filos Mou Pty Ltd cannot guarantee that it will be able to prevent any illegal or inappropriate use of this Web site, nor can Filos Mou Pty Ltd guarantee that it will give advance notice or warning of any illegal or inappropriate use of this Web site.
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