PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this Website, you accept these Terms and Conditions of Use and agree to be bound by them. For the purposes of these Terms and Conditions of Use, “us”, “our”, “we”, “SuperGuide.com.au” or “SuperGuide” refers to SuperGuide Pty Ltd ACN 142 266 359 as trustee for the SuperGuide Unit Trust and “you” and “your” refers to you, the client, visitor, or Website user.
Amendment of terms
We reserve the right to change, modify, add or remove portions of the Terms and Conditions of Use at any time. Please check the Terms and Conditions of Use regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. Your continued use of the SuperGuide Website, will be regarded as acceptance of the most current version of the Terms and Conditions of Use which will govern your and SuperGuide.com.au’s rights and obligations to each other.
You must be over 18 years of age and have capacity to enter into a legally binding agreement with us to use this Website and to purchase any goods or services for this Website.
For certain campaigns or promotions, additional terms and conditions may apply. If you want to participate in such a campaign or promotion, you need to agree to the relevant terms and conditions of this campaign or promotion. In case of any inconsistency between such terms and conditions and these Terms and Conditions of Use, those terms and conditions will prevail.
Limitation of liability
For the purposes of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), SuperGuide.com.au’s liability for any breach of a term of these Terms and Conditions of Use that cannot be excluded by law is limited to: in the case of goods – replacement of the goods or the supply of equivalent goods, repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the costs of having the goods repaired; and in the case of services – supplying the services again, or payment of the cost of having the services supplied again.
To the fullest extent permitted by law, and except as otherwise provided in these Terms and Conditions of Use, you agree and accept that SuperGuide.com.au is not legally responsible for any loss or damage you might suffer in relation to your use of the Website, regardless of how the loss or damage arose, including from errors or omissions in our documents or information, any goods or services we may offer or from any other use of the Website. This includes your use or reliance on any third party content, including links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we will not be liable.
It is your own responsibility to ensure that goods, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials are of a general nature and may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. For full details of this limitation of liability see our SuperGuide Disclaimer.
Links to other websites
SuperGuide.com.au may from time to time provide on its Website, links to third party websites, or third party advertisements or third party information deriving from third party websites for your convenience. This does not necessarily imply any sponsorship, endorsement, approval or other arrangement between SuperGuide.com.au and the owners of the third party websites. SuperGuide.com.au takes no responsibility for any of the content found on the linked third party websites and does not guarantee the availability of any third party website or content as that is subject to change without SuperGuide.com’s knowledge.
SuperGuide.com.au accepts no responsibility whatsoever for any information, advertisements or advice linked to the SuperGuide Website or provided to you directly by third parties. We are not the author of that information and are not making a ‘recommendation’. SuperGuide is not providing any advice and does not take any responsibility for any advice received in this regard.
Delivery of goods
Subject to these Terms and Conditions of Use, physical goods will be supplied as shown on your order confirmation. Delivery is subject to different postage and handling charges which may be varied by us at any time. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. We will use our best endeavours to meet any stated delivery timeframes, however, from time to time, our service provider, Australia Post and/or any other reputable courier company we may engage (‘Delivery Service Provider’), may suffer delays beyond our control. Unless otherwise agreed by us, damaged or lost orders should be resolved with the applicable Delivery Service Provider directly and we are not responsible for goods that are damaged in transit or not received and any replacement of damaged or lost items is made at the discretion of SuperGuide.com.au.
Digital goods are delivered immediately. Please be aware that there are inherent risks associated with downloading any software and digital goods and we are not responsible for any loss or damage you suffer as a result of acquiring digital goods from the Website. Should you have any technical problems downloading any of our goods, please contact us by emailing firstname.lastname@example.org so we may try to assist you.
Returns and refunds
All goods sold on the SuperGuide Website come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or a refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Should you wish to return your order, please notify us within 14 days of purchase with your reason for the return. We will investigate your claim and advise you whether the goods may be returned and, where required, provide you with instructions on how to return the goods. Once the goods are returned, we will inspect the goods and investigate your reason for the return. Where required by the Australian Consumer Law, we will provide the appropriate remedy in relation to the goods.
Refunds will be processed promptly and will be issued using the same payment method used for the purchase, including any store credit. All refunds requested for change of mind are made at the discretion of SuperGuide.com.au.
To the fullest extent permitted by law, SuperGuide.com.au absolutely disclaims all warranties, expressed or implied by contract, conduct or otherwise, including, but not limited to, warranties of merchantability and fitness for any particular purpose. SuperGuide.com.au gives no warranty that the information published, documents made available, or goods or services sold will be available at all times, free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, good, service, link or information in its website or as to their availability, completeness, correctness, suitability, accuracy, reliability, or otherwise.
Please also read our SuperGuide Disclaimer carefully (click here to access SuperGuide’s Disclaimer).
SuperGuide takes all reasonable steps to ensure your information is secure and uses HTTPS (connection security) as well as third party payment providers, such as Stripe and PayPal, to facilitate and process any payments to SuperGuide.
No commercial use
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works form, transfer, or sell any materials on or goods or services contained within this Website. You may not use this Website, or any of the materials on the Website to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem, in our absolute discretion, inappropriate or in competition with us, is unlawful or is prohibited by any laws applicable to the Website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using the Website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to the Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise detrimental to or in violation of these Terms and Conditions of Use, our Website, our systems or a third party’s systems or network security.
We reserve the right to exclude and deny any person access to our Website, services or information at our sole discretion. SuperGuide.com.au will hold you fully responsible for any loss that we may sustain and may also hold you accountable for all profits that you might make from such unpermitted and improper use resulting from a breach of these Terms and Conditions of Use.
If any part of these Terms and Conditions of Use is found to be illegal, void, or unenforceable then that part will be deemed to be severed from the remainder of these Terms and Conditions of Use and the severed part will not affect the validity and enforceability of any remaining terms.
If we do not exercise any right or provision under these Terms and Conditions of Use, it will not constitute a waiver of such right or provision. A waiver of any provision under these Terms and Conditions of Use will only be effective if it is in writing and signed by us.
This agreement will be governed and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Victoria, Australia.