A-ESQUE WEBSITE TERMS OF USE

ABOUT THIS WEBSITE

Website Owner = A-ESQUE Pty Ltd Pty Ltd (ABN (55 641 927 167) (“ A-ESQUE Pty Ltd ”) (Domain name = www.a-esque.com the “website”)

ABOUT THESE TERMS OF USE

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

YOUR ACCESS/USE IMPLIES AGREEMENT

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

MODIFICATIONS TO THE TERMS

A-ESQUE Pty Ltd may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

MODIFICATIONS TO THE INFORMATION

A-ESQUE Pty Ltd does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of A-ESQUE Pty Ltd.

ERRORS AND PROBLEMS

A-ESQUE Pty Ltd does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

LICENSE AND OWNERSHIP

The copyright for the content on this website is owned or licensed by A-ESQUE Pty Ltd and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of A-ESQUE Pty Ltd.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of A-ESQUE Pty Ltd.

A-ESQUE PTY LTD PRIVACY POLICY

The A-ESQUE Pty Ltd privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by A-ESQUE Pty Ltd for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at www.a-esque.com

FEEDBACK, SUGGESTIONS, COMMENTS OR REQUESTS

A-ESQUE Pty Ltd encourages and welcomes you to make feedback, suggestions, comments or requests (“comments”) . These comments can be emailed to enquire@a-esque.com . Please understand and acknowledge that all comments will not be considered confidential or proprietary, and A-ESQUE Pty Ltd is under no obligation to keep such information confidential, and A-ESQUE Pty Ltd will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

OUTBOUND LINKS

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by A-ESQUE Pty Ltd. A-ESQUE Pty Ltd makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. A-ESQUE Pty Ltd may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the A-ESQUE Pty Ltd website.

INBOUND LINKS

A-ESQUE Pty Ltd generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and A-ESQUE Pty Ltd. However, linking to any other page of the website is strictly prohibited, without express written permission from A-ESQUE Pty Ltd .

JURISDICTION

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Victoria and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of Victoria, Australia.

DISCLAIMER OF WARRANTIES

A-ESQUE Pty Ltd makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

LIMITATION OF LIABILITY

If A-ESQUE Pty Ltd is found responsible for any damages, A-ESQUE Pty Ltd is responsible for actual damages only. In no event shall A-ESQUE Pty Ltd, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

GENERAL CONDITIONS OF SALE

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and A-ESQUE Pty Ltd with respect to the subject matter hereof.

  • The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
  • The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the A-ESQUE Pty Ltd that you are able to make a legally binding contract.
  • Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
  • These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
  • A-ESQUE Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with A-ESQUE Pty Ltd only comes into existence when A-ESQUE Pty Ltd forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
  • This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
  • You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to A-ESQUE Pty Ltd if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by A-ESQUE Pty Ltd within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
  • Ownership and property in the goods supplied/delivered shall pass from A-ESQUE Pty Ltd to you when A-ESQUE Pty Ltd accepts your offer and assigns product in the A-ESQUE Pty Ltd warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
  • A-ESQUE Pty Ltd shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and A-ESQUE Pty Ltd shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
  • You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify A-ESQUE Pty Ltd in respect of any such use. A-ESQUE Pty Ltd is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by A-ESQUE Pty Ltd for the consequences of the use of damaged goods by you.
  • Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of A-ESQUE Pty Ltd implied by the Goods Act, 1958.

A-ESQUE PRIVACY POLICY

References to A-ESQUE in the Privacy Statement and Terms & Conditions below are references to A-ESQUE Pty Ltd (ABN 55641927167).

PRIVACY STATEMENT

This Privacy Statement applies to all personal information collected by A-ESQUE via the internet, including without limitation, by way of the A-ESQUE website located at www.a-esque.com
A-ESQUE recognizes the importance of protecting the privacy of our client’s personal and financial information and acts in accordance with this recognition. As a result, A-ESQUE has instituted strict policies regarding your privacy. Information provided at the time of registration or submission will not be used for any unsolicited communication, unless you provide your consent. When you register with A-ESQUE you give us your consent to treat your personal data in accordance with this online privacy policy and for the purposes described below.

INFORMATION COLLECTION

In order to provide our clients with the service they deserve A-ESQUE collects the information that our clients give us. This may include personal information:

  • automatically collected by our system relating to your visit to the website, such as your IP address; given to us by you when you fill in questionnaires, contact forms or other sections of the A-ESQUE website or when you post or input information to the A-ESQUE website; and about how you use the A-ESQUE website.
  • We collate information on our clients’ and visitors’ use of our website to improve our services and enhance your A-ESQUE experience. When you register with A-ESQUE, you give us your name and email address. A-ESQUE does not collect personally identifiable information from anyone under the age of thirteen. If you are under thirteen, please ask your parents to register or exit this website.

HOW A-ESQUE USES THE INFORMATION YOU PROVIDE

If you give us your name and email address, we may contact you by email with special information about A-ESQUE and our products. We only communicate with you by email if we have your permission. Otherwise, we use your information only to provide our clients with a better service experience and ensure that we, our partners and affiliates maintain and improve services to our clients.

DOES A-ESQUE SHARE YOUR INFORMATION WITH OTHERS?

A-ESQUE does not sell or rent our client’s names, addresses, email addresses or other personal information. In order to maintain our website and enhance our client communications, A-ESQUE contracts with selected third parties. As necessary, your personal information may be shared with these third parties, solely for the purpose of assisting A-ESQUE in these endeavours and subject to strict contractual confidentiality obligations. A-ESQUE will not otherwise use or disclose any information about you without your consent, unless:

  • the use or disclosure is for one of the purposes described in or otherwise permitted by this policy;
  • the use or disclosure is required or permitted by law;
  • we believe it necessary to provide you with a service which you have requested;
  • we believe it necessary to protect the rights, property or personal safety of another person or A-ESQUE;
  • or the assets or operations of A-ESQUE’s business are transferred to third party.

SECURITY

A-ESQUE will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorized access, modification or disclosure and to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. A-ESQUE uses appropriate security measures to protect the information you give us. While we take stringent measures to protect our website and all information, you should be aware that no internet data transmission can be guaranteed to be 100% secure from access by unintended recipients. A-ESQUE will not be responsible for events arising from unauthorized access to your personal information.
Please note also that A-ESQUE may use overseas facilities to process or back up its information. As a result, we may transfer your personal information to our overseas facilities for storage. However, this does not change any of our commitments to safeguard your privacy.

For transaction security, we use SecurePay Payment Portal and GeoTrust 256-bit SSL encryption. Your credit card details are discarded once processed at point of purchase.

COOKIES

A-ESQUE may use cookies to improve the usefulness of our website for our clients and to help us to enhance our services. Cookies are tiny bits of data that are stored on your hard drive when you visit a website. Most web browsers are set to accept cookies. Cookies in and of themselves do not personally identify users, although they do identify a user’s browser. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website. If you don’t want cookies, your Web browser likely includes an option that allows you to not accept them. This may mean that you will not be able to take full advantage of A-ESQUE’s services.

MARKETING

A-ESQUE may give you the choice as to whether or not you wish to participate in promotions, surveys and/or competitions. To take part in these activities, you will be directed to an appropriate mechanism to enable you to sign up. When you sign up you will receive additional information about the terms and conditions that apply to registration and the relevant surveys, competitions and/or promotions. Please read these carefully as such terms apply in addition to those set out in this policy and could provide you with important information about how personal information collected as part of those activities is dealt with.

LINKS TO OTHER WEBSITE

A-ESQUE provides access to third party websites through the A-ESQUE website. These linked websites are not under the control of A-ESQUE, and we are not responsible for the content or the conduct of the organization accessed via a link on the A-ESQUE website. Before disclosing your personal information on any website, we suggest you examine the terms and conditions and privacy policy of that website.

ACCEPTANCE OF PRIVACY POLICY

By accessing and using the A-ESQUE website, you consent to our collection, use and disclosure of your information as disclosed in this privacy policy. A-ESQUE may occasionally make changes to our privacy policy or practices. For this reason you should therefore review this page from time to time to get updated information. We will notify you of any changes in our privacy policy by posting the modifications on our website or otherwise informing you before we use your personal information in any way not previously disclosed in our privacy policy.
You have the right to access your personal information in the manner permitted by the Privacy Act 1988 (Cth) at any time and request correction of your personal information held by A-ESQUE at any time. If you would like to access your personal information or have any questions concerning this privacy policy, please send an email to enquire@a-esque.com. If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.

YOUR PERSONAL INFORMATION

If you are registered with A-ESQUE on our Website and would like us to change your details or remove you from our list, please contact us at +61 3 9827 6686 or reach us via email enquire@a-esque.com

PRIVACY POLICY UPDATES

We may update this Privacy Policy from time to time. Whenever we make a change, we will post the updated policy at this Website and we encourage you to check our policy periodically. If we make a material change to this Privacy Policy that would lessen your privacy rights, we will either continue to honour our prior policy for information that we collected when it was in force, or we will ask for your consent to the change. If you have any questions or concerns regarding this Privacy Policy, please contact us enquire@a-esque.com or write to us at the following address:

A-ESQUE PTY LTD
4 Albert Street
Richmond Victoria 3121
Australia
+61 3 9429 6535

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