1. General This web site and its contents (“Web Site”) is owned by Moffat Pty Ltd ABN 90 070 810 721 of 740 Springvale Road, Mulgrave, VIC 3170, Australia (“Moffat”). The use of this Site is governed by the following terms and conditions, as amended from time to time (the “Terms and Conditions”). By using this Web Site, you agree to be bound by the Terms and Conditions as amended from time to time. Moffat’s Privacy Policy applies to all information collected from you in the use of this Web Site. Click here to view The Privacy Policy 2. Intellectual property and restrictions on use of content The Web Site is subject to copyright under Australian law. Unless otherwise indicated, the copyright is owned by Moffat, which reserves all rights. You must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Moffat’s written consent. The Web Site also includes registered and unregistered trademarks. All trademarks displayed on the Web Site are trademarks of their respective owners. Your access to or use of this Web Site does not constitute or create a licence or any other right to use the name, trademarks, copyrights or any other intellectual property of Moffat or any other party contained on the Web Site. 3. Links to Third Party Sites and Third Party Advertisements Moffat assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the web site. Moffat does not authorise or endorse the content of those third party web sites. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Moffat for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties. 4. Disclaimer and Limitation of Liability The Web Site and its entire contents are provided on an “as is” basis. Moffat does not make any representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, delays may occur before particular information on this Web Site is updated. Moffat and its officers, employees, agents, contractors or agents shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site, or your reliance upon information contained upon it (whether arising from Moffat’s negligence or otherwise). To the fullest extent permitted by law, Moffat’s liability for any breach of any term, condition, representation or warranty is limited to the supplying of the relevant good or services again, at Moffat’s discretion. 5. Revision of Website Moffat reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice. Optional Clauses A. Software and other digital materials available for download (optional – use only if the download facility exists) Software and related digital materials may be expressly made available by Moffat for downloading from the Web Site. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Moffat grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Moffat gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk. B. Content and other information provided by you and others (optional – use only if the this facility exists) Certain parts of the Web Site may allow you to post messages or otherwise submit materials for publication on the Web Site. You must not restrict or inhibit any other user from using or enjoying the Web Site and must not post any material which is obscene, offensive, pornographic, defamatory, racist, discriminatory, in breach of third party intellectual property rights or otherwise in breach of the law. Moffat may monitor or review the contents of messages and materials posted on the Web Site and reserves the right to edit, refuse to post, or remove any message and materials from the Web Site as it sees fit. However, Moffat is under no obligation to perform these activities and does not warrant that it will do so. The information and opinions expressed by users of the Web Site are those of the relevant individuals who post them, and Moffat is not responsible for them. You grant to Moffat a non-exclusive perpetual royalty free licence to copy, adapt, communicate to the public and otherwise use all or any part of the materials, information, ideas, concepts, know-how or techniques provided directly or indirectly by you through the Web Site or your use of the Web Site (including without limitation information gained from the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site (“Information”). You warrant that you have the ability to grant such rights to Moffat, and agree to indemnify Moffat if any third party takes action against us in relation to Information you provide. C. Products offered for Sale on the Web Site (optional – use only if the this facility exists) Certain parts of the Web Site may make available products for purchase by you. While Moffat will attempt to ensure the availability of all products advertised for sale on the Web Site, it does not guarantee that all products will be available at all times. Moffat specifically retains the right, at any time and without notice, to remove, alter or add products and/or vary the prices for those products, without any liability to you. Orders places for products listed on the Web Site must only be placed in accordance with the instructions and procedures specified on the Web Site and these Terms and Conditions. The products offered for sale of the Web Site are only available to persons located in Australia and who are capable of entering into legally binding contracts. An order placed on the Web Site is an offer to purchase the particular product for the price specified on the Web Site at the time at which the order is placed. Moffat may accept or reject that offer for any reason and no contract will arise until after Moffat has advised you that it has accepted the order. An order, once sent, cannot be withdrawn or amended unless Moffat specifically agrees. You must pay for all products ordered by you through the Web Site in the manner specified on the Web Site. Moffat will retain title to the products ordered by you until payment in full has been received from you for those products. Products ordered from the Web Site will be delivered in the manner specified on the Web Site. However, the delivery times given on the Web Site are indicative only, and the Moffat will not be liable for any failure to achieve them. Risk in the products will pass to you on dispatch from Moffat or its distribution centre. D. Competitions and Promotions (optional – use only if the this facility exists) Certain parts of the Web Site may contain competitions or promotions from Moffat or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Moffat specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you. All competitions and promotions are only open to persons located in Australia and prizes will not be awarded to people who do not meet this requirement at the time of entry.