U.R. The Star Terms of Use
ABN: 144 533 184
U.R. The Star Australia is owned by U.R. The Star Pty Ltd
(ACN 60 144 533 184) which is also referred to below as "U.R. The Star",
"we", "our" or "us".
General
1. Terms of Use
- Your access to this Website is conditional upon your acceptance and
compliance with the terms, conditions, notices and disclaimers contained
in this document (collectively known as the 'Terms of Use') and our
Privacy Policy.
- Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
- U.R. The Star reserves the right to amend the Terms of Use at any time.
2. Your Obligations
- You must use the Website in a responsible manner. You must not:
- use the Website for any activities or post or transmit via the
Website, any information or materials which breach any laws or
regulations, infringe a third party's rights, or are contrary to any
relevant standards or codes;
- use the Website to post or transmit any material which interferes
with other users or defames, harasses, threatens, menaces, offends or
restricts any person or which inhibits any user from using the Website
or the internet;
- use the Website to post or transmit or upload any advertising material, website links or links of any kind;
- use the Website solicit the business or custom of any users of the Website or at all;
- use the Website to send unsolicited email messages;
- in any way tamper, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
3. Copyright and Trade Mark Notice
- The material on the Website, the software, design, text and graphics
comprised in the Website and the selection and layout of the Website
are owned or licensed by U.R. The Star and are protected by Australian and
International copyright laws.
- The Website does not grant you a licence nor act as a right of use
of any of the trademarks or logos, whether registered or unregistered,
that are displayed on the site without the express written permission of
the trademark owner.
- You may view this Website and its contents using your web browser.
In visiting the Website, you are able to save an electronic copy of the
Website by means of the usual operation of your web browser only.
- You must not modify, copy, reproduce, republish, frame, upload to a
third party, post, transmit or distribute the content of the Website in
any way except as expressly provided for by U.R. The Star or expressly
authorised in writing by U.R. The Star.
- You must not use the Website in any manner or for any purpose which
is unlawful or in any manner which violates any right of U.R. The Star or
an associated entity or which is prohibited by the Terms of Use.
- Prices, Goods and Services. All prices displayed and goods and services offered to be supplied on the Website are subject to change without notice.
- You agree that you are responsible for:
- making your own reasonable enquiries to verify information that is
published on the Website about particular goods and services; and
- assessing the suitability of goods and services prior to you placing
an order.
You agree that you will not upload or transmit any communications
or material of any type that infringe or violate any laws or the rights
of any party.
- By submitting communications or materials to any part of this
Website, you agree that such submission is non-confidential for all
purposes. If you make any such submission, you automatically grant
(without compensation or further obligation) and warrant that the owner
of such information has expressly granted (without compensation or
further obligation) U.R. The Star a royalty-free, perpetual, irrevocable,
world-wide non-exclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and
display the communication or information in any media or medium, or any
form, format, or forum now known or developed in the future.
4. Indemnity
You agree to indemnify U.R. The Star from and against all actions,
claims, suits, demands, damages, liabilities, costs or expenses (whether
in tort or in contract including and without limitation, negligence)
arising out of or in any way connected to the use of the Website by you.
5. Disclaimer
- Some legislation such as the Australian Trade Practices Act 1974 and other similar consumer protection laws and regulations in
other countries may confer you with rights and remedies relating to the
provision of goods or services to you by U.R. The Star via the Website
which cannot be excluded, restricted or modified (your 'Statutory Rights). U.R. The Star excludes all conditions and warranties implied by
custom, law or statute save for your Statutory Rights.
- Save for your Statutory Rights, in respect of the Website:
- All material on the Website is provided to you without warranties of any kind, either express or implied;
- U.R. The Star expressly disclaims all warranties of any kind including
but not limited to implied warranties of merchantability and fitness for
a particular purpose;
- U.R. The Star does not warrant that the functions contained in any
material on the Website or your access to the Website will be
uninterrupted or error free, that any defects will be corrected or that
the Website or the server which stores and transmits material to you are
free of viruses or any other harmful components;
- U.R. The Star does not warrant or make any representation regarding
your access to, or the results of your access to, the Website including
its correctness, accuracy, timeliness, completeness, reliability or
otherwise;
- U.R. The Star does not warrant or make any representation that the
information on the Website is appropriate to your particular situation
or health care issues or the information is written, created, compiled
or reviewed by medical experts.
- To the extent permitted by law, including but not limited to any act
or omission on the part of U.R. The Star, U.R. The Star will not be liable
for any loss, damage, costs or expense whether direct, indirect,
incidental, special and/or consequential, including loss of profits,
suffered by you or claims made against you:
- which result from any use or access of, or any inability to use or access, the Website;
- directly or indirectly in connection with a Deal, a Deal Voucher or goods or services the subject of a Deal.
- You expressly acknowledge that U.R. The Star does not exert control
over users of the Internet and is not liable for damage suffered by you,
either directly or indirectly, as a result of you accessing the
Website.
6. Limitation of Liability
- To the extent permitted by law, U.R. The Star's liability for breach of
any implied warranty or condition which cannot be excluded is limited,
at the option of U.R. The Star, to one or more of the following:
- in the case of services supplied or offered by U.R. The Star:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- in the case of goods supplied by or offered by U.R. The Star:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods;
- the payment of the costs of having the goods repaired.
7. Force Majeure
U.R. The Star will not be liable for any delay in performing any of our
obligations under this agreement if such delay is caused by
circumstances beyond our reasonable control.
8. Internet Security Technology
Secure Socket Layer or SSL Web Server Certificates are used on the U.R. The Star website to encrypt any data sent between you and us.
Encryption is use to scramble data, making it impossible to read if
intercepted. This technology is standard for securely transmitting data
online.
9. Electronic Communication
By using the U.R. The Star website or sending us emails, you're
consenting to receive email and other electronic communication from us.
You acknowledge and agree that all electronic communications we provide
you with will satisfy any legal requirement that such communications be
in writing and have been received by you. You can anytime opt to
discontinue receiving emails by sending an e-mail to: info@ustar.com.au and placing 'Unsubscribe' in the Subject line.
10. Transfer and Assignment
In the event that we merge, sell or otherwise change control of our
business or this website to a third-party, we reserve the right, without
giving notice or seeking consent, to transfer or assign the personal
information, content and rights that we have collected from you and any
agreements we have made with you.
11. General
- U.R. The Star relies upon your continued observance of the Terms of
Use. In the event that U.R. The Star suffers loss or damage or incurs any
costs associated with any breach of the Terms of Use or any associated
legal obligation, you agree to indemnify U.R. The Star for those losses,
damages and costs.
- The Terms of Use are governed by and construed in accordance with
the laws of the State of Queensland, Australia. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of the Courts
of Queensland and Courts of Appeal from them for determining
any dispute concerning the Terms of Use.
- U.R. The Star does not make any claims that the information is
appropriate or may be downloaded in all areas, countries or
jurisdictions. Access to the information contained in this Website may
not be legal by certain persons or in certain countries. If you access
the U.R. The Star Website you do so at your own risk and you are
responsible for compliance with the laws of your jurisdiction.
- If any provision of the Terms of Use is found to be invalid or
unenforceable by a Court of Law, such invalidity or unenforcability
will not affect the remainder of the agreement which will continue in
full force and effect.
- All rights not expressly granted herein are reserved.
- If U.R. The Star does not act in relation to a breach of the Terms of
Use by you, this does not waive U.R. The Star's rights to act with respect
to subsequent or similar breaches of the Terms of Use by you.
12. Termination
The Terms of Use are effective until terminated by U.R. The Star and U.R. The Star may terminate the Terms of Use and your access to the Website
at any time without notice.
YOUR PRIVACY:
At U.R.
The Star we value the protection of your personal information. We also understand
your concerns about the collection of personal information and photographs and
how U.R. The Star will use that information.
1. What Information Do We Collect?
- When using our website,
telephoning U.R. The Star, or writing to U.R. The Star, you may be asked
to supply personal information such as your name, address, telephone
number, e-mail address and a photograph.
- We collect personal
information so that we can provide you with products and services, offers
for products and services and specials from time to time.
2. Use
and Disclosure Of Information
- Your personal information
will be used for a number of purposes relating to our business including
providing you with products and services, offers for products and services
and specials.
- In summary we may use your
personal information to:
- provide you with products
and services;
- enable us to carry on our
business efficiently;
- manage and process all
transactions and dealings with you;
- improve marketing and
promotional efforts, product and service offerings and our business
generally.
3.
Security
- We will take all reasonable
steps to ensure that all information collected from you and that we use or
disclose is accurate, up to date, complete and stored in a secure
environment accessed only by authorised U.R. The Star personnel or
authorised service providers and contractors.
- If you make a purchase
through our website, we process your credit card details securely using
E-Way or PayPal.
- Please keep in mind that no
information transmitted over the internet cannot be guaranteed to be 100%
secure. We will endeavor to protect your personal information, however we
cannot ensure or warrant the security of any information you transmit to
us or receive from us over the internet. These activities are conducted at
your own risk. Once we receive your transmission, we will use our
reasonable efforts to ensure its security.
4.
Personal Photos
U.R. The
Star deletes all customer photographs within 60 days of receipt. We do
not use the photograph for any other reason, apart from the customers' order
requirements
5. Refund Policy
At U.R. The Star, we realise
quality and superior service are important to you.
If you are not satisfied in any way, we’ll replace or refund your
product for up to 60 days following your purchase. To be eligible for a
full refund or replacement the items must be undamaged and unmarked, and
in their original undamaged packaging. As part of our return policy we
also offer free return shipping from within Australia.
If we have made a mistake and your products have not been
personalised correctly, we are more than happy to replace or refund the
item. Unfortunately we are unable to offer a refund or replacement
when there is an error in the order information you have supplied.
Please ensure that spelling is carefully checked before placing your
order and that your uploaded photo meets our product photo requirements.
However, we understand that mistakes do happen and if this does
happen to you we can offer to replace your order at a 50% discount on
the product, in this case the regular P&H will be charged.
U.R. The Star is not happy unless you're happy!