August 12, 2016

Disclaimer

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials
    (information or software) on Roydon Ng’s web site for personal,
    non-commercial transitory viewing only. This is the grant of a license,
    not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Roydon Ng’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Roydon Ng at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Roydon Ng’s web site are provided “as is”. Roydon Ng makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Roydon Ng does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Roydon Ng or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Roydon Ng’s Internet site, even if Roydon Ng or a Roydon Ng authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Roydon Ng’s web site could include technical, typographical, or photographic errors. Roydon Ng does not warrant that any of the materials on its web site are accurate, complete, or current. Roydon Ng may make changes to the materials contained on its web site at any time without notice. Roydon Ng does not, however, make any commitment to update the materials.

6. Links

Roydon Ng has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Roydon Ng of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Roydon Ng may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Roydon Ng’s web site shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Web Store/Service Terms and Conditions

Returns & Refunds – Goods

We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item: has a problem that would have stopped someone from buying the item if they had known about it, is unsafe, is significantly different from the sample or description, doesn’t do what we said it would, or what you asked for and can’t be easily fixed. Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase —e.g. your receipt.

Returns & Refunds – Services

We are not required to provide a refund if you change your mind about the services you asked for. But you can choose to cancel your contract, and receive a refund for unconsumed services, if the service has a major problem. This is when the service: has a problem that would have stopped someone from purchasing the service if they had known about it, is substantially unfit for its common purpose, and can’t be easily fixed within a reasonable time, does not meet the specific purpose you asked for and cannot be easily rectified within a reasonable time, creates an unsafe situation. If you choose to continue with the contract, you can ask us to compensate you for any difference in the value of the services we provided and what you paid. If the problem is not major, we will fix it within a reasonable time. If it is not fixed within this time, you can choose to have someone else fix the problem and recover all reasonable costs from us. If the problem cannot be fixed, we view it as a major problem. Please keep proof of your agreement—e.g. your invoice or quote.

Shipping Policy

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. All delivery charges are to be met by the customer. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.

Store Policy

  1. Sale and Purchase of Goods and Services

Roydon Ng (“Seller”) hereby agrees to sell, and You (“Buyer/Client”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods and Services”) on the terms and conditions set forth in this Agreement.

  1. Purchase Price

Buyer/Client agrees to pay the Purchase Price of the Goods and Services as posted on this website attached hereto.

  1. Payment Terms

The total amount of the Purchase Price shall be payable in full by Buyer/Client according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge (to be determined by the seller or the highest lawful rate (and/or termination of sale). In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer/Client for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.

  1. Delivery

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. All delivery charges are to be met by the customer. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods and Services shall be packaged/completed according to Seller’s standards and practices.

  1. Limited Warranty

Seller supplies as its sole warranty the following:

All items are new unless otherwise stated. Prices are in the currency stated. Please check the description and quantity of each product before making your selection. All transactions will be carried out securely via PayPal web services. If you have any issues with your purchase, please contact us. Goods and services purchased and/or obtained from this website shall be free from defect at the time of sale (or as listed in its condition). We are not required to give a refund or replacement if you change your mind. Please review each product and its individual terms and conditions carefully before making a purchase. All delivery charges will be met by the customer. We reserve the right to refuse a sale or delivery of any goods and services at our discretion, in which case a full refund will be made available. Please see the full Store Policy and our Website Disclaimer.

We cannot provide any warranty further than the extent of applicable law. We reserve the right to refuse refunds and/or exchange of goods and services as provided under law.

The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment or commencement of service request.

  1. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods and Services or that the Goods and Services will be fit for any particular purpose for which Buyer/Client may be buying the Goods and Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER/CLIENT OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS AND SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER/CLIENT’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER/CLIENT TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER/CLIENT OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS AND SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY BUYER/CLIENT HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER/CLIENT FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER/CLIENT ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

  1. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

  1. General

Buyer/Client may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer/Client shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the Commonwealth of Australia, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer/Client submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of Australia and hereby waives any objection to such jurisdiction and venue.

Use of this website and/or services by Roydon Ng (or authorised affiliates) signifies your agreement this document. Updated August 2016.