This website is owned and operated by Anaconda® Group Pty Ltd ACN 107 364 563 (“Anaconda"). The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (“Terms"). References to “us" mean Anaconda and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to “you" mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.

Copyright in website material

All of the material on and in relation to the website is and remains the property of Anaconda® at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website except for your own private, non-commercial use. Any other use of the website material constitutes a breach of Anaconda®’s copyright and other proprietary rights.

Intellectual Property

Anaconda® is the owner or authorised user of all intellectual property in and associated with the website and any improvements and modifications thereto. Anaconda® 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.

Nothing contained in the website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the website.

Advertising

This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Anaconda®. Anaconda® does not control the content of and is not responsible for the advertisements. Anaconda® will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.

Third party sites

This website may contain links to third party websites. These links are not recommendations or endorsements by Anaconda® and Anaconda® does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

Passwords

If Anaconda® gives you a password to access the Shop at Home service or any other part of this website, you must keep that password confidential and not disclose it to any other person. Nor may you permit any other person to use that password.

Shop at Home

Goods advertised in the current Anaconda® catalogue are available for purchase by telephone, facsimile or email by completing the Shop at Home order form at http://www.anaconda.com.au/ShopAtHome.aspx. Payment details must be provided on the order form.

Placement of an order using the Shop at Home order form is an offer to purchase Anaconda® goods. Anaconda may accept your order by processing your payment and organizing delivery of the goods to your delivery address or may, for any reason (including circumstances where Anaconda® has insufficient goods to fulfill the order or where the goods ordered have been discontinued), decline to accept your order or any part of your order. No order will be considered accepted by Anaconda® until payment has been processed and delivery arranged. If Anaconda® decline to accept your order, Anaconda® will attempt to notify you using the telephone number provided on your Shop at Home order form.

Users of the Shop at Home service (“Users") warrant that all information provided in the order form is accurate, complete and up to date. The User must promptly inform Anaconda® if there is any change to this information.

The User is responsible for any costs associated with accessing the Anaconda® website and order form and for submitting the order form including any internet service provider fees and all telephone call charges.

A delivery cost of $5.95 will be applied to each order (maximum package weight 22kg, length 1m, girth 1.4m). The User must pay any additional delivery costs due to exceeding the maximum package size. Anyone at the delivery address who receives the goods shall be presumed by Anaconda® to be authorised to receive the goods.

Property in the goods does not pass to the User until the User has paid all monies owing to Anaconda® in full. Risk in the goods passes to the User at the time the goods are delivered to the delivery address provided by the User.

The User may return goods purchased with proof of purchase within 30 days for a full refund (excludes postage and handling).

Disclaimer

This website is provided to you by Anaconda® “as is". To the fullest extent permitted by law, Anaconda® excludes any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:

1. merchantability and fitness of purpose;
2. the website meeting your particular interests and requirements;
3. the material on the website being accurate, complete or reliable;
4. the website and the server being available and free of defects;
5. the website and the server being free of technical problems or viruses; and
6. the confidentiality of information transmitted to or from the website.

Limitation of liability

To the fullest extent permitted by law, Anaconda® 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:

1. your use or misuse of the website or any material on the website;
2. your inability to access or use the website or any material on the website;
3. the loss or modification of information or material transmitted to or from the website;
4. the loss of confidentiality in any information or material transmitted to or from the website;
5. any defect, technical problem or virus attached to or arising from the website or the server;
6. 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;
7. any injury or illness you or any other person sustains as a result of the use of the website; and
8. the products displayed on the website being unavailable at any time.

If Anaconda® breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Anaconda® for a breach of the applicable term, condition or warranty is limited to, at the election of Anaconda:

1. the resupply of the relevant product, advice, service, recommendation or information; or
2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again.

Indemnity

You indemnify Anaconda®, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.

Privacy

Any personally identifiable information that you submit through or in relation to the website is collected and used by Anaconda® in accordance with its Privacy Policy. You can review the Privacy Policy here http://www.anaconda.com.au/Privacy.aspx.

Additional Terms

Additional terms and conditions are attached to certain pages of the website such as the Adventure Club®. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.

Changes to the website and your access

Without prior notice to you and in its absolute discretion, Anaconda® reserves the right to:

1. vary or discontinue the website or any page of the website at any time; and
2. terminate your access to part or all of the website at any time,

and Anaconda® is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.

Changes to the Terms

Anaconda® 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. You should review this page regularly to ensure that you are aware of any changes to the Terms.

Governing law

These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Severance of clauses

In 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.

Prices

All references to $ and dollars on the website are to Australian currency. All prices were current at the time of publication on the website.