terms & conditions
this website is operated by elpee. throughout the website, the terms “we”, “us” and “our” refers to elpee. these terms and conditions (“terms”) apply to the use of, and the purchase of goods from this website, and must be read in conjunction with any other applicable terms and conditions governing the use of this website. by visiting our website and/or purchasing any goods from this website, you agree to be bound by these terms. if you do not accept these terms, you must not use the website.
we reserve the right to amend these terms from time to time. amendments will be effective immediately upon notification on this website. your continued use of the website following such notification will represent an agreement by you to be bound by the terms as amended.
intellectual property rights
the materials displayed on this website, including without limitation all information, text, materials, graphics, images, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the website (“content”) are protected by copyright, trademark and other intellectual property laws. the content is provided for personal use only and you must not:
- modify, adapt, copy, reproduce, republish, display, transmit, distribute, store, or create derivative works of the content without our prior written consent; or
- commercialise any content or products from any part of this website without our prior written consent.
elpee is in the process of being a registered trademark in australia, owned by the proprietor of this website.
this website may contain links to other websites (“linked websites”). we are not responsible for the content or privacy practices of any linked websites. our links to linked websites are provided for convenience only, and should in no way be construed as our endorsement, approval or recommendation of the owners or operators of the linked websites, or of the content, products or services contained in or referred to by the linked websites.
security of information
no data transmission over the internet can be guaranteed as totally secure. you are solely responsible for taking your own security precautions for accessing this website (e.g. anti-virus software). we do not accept any responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.
you must indemnify us and hold us harmless from and against all losses, damages, claims, actions, proceedings, costs and expenses (including legal fees) arising from or in connection with your use of the website or the content, or your breach of any of the terms.
you must not use the website or the content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal or state regulations, rules, laws, or local ordinances; (d) to use or misappropriate the Content for your own commercial gain; (e)to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the website. We reserve the right to terminate your access to and use of the website.
we may in our absolute discretion at any time and without notice amend, remove or vary the website, the content, or any of the products featured on the website.
termination of access
access to this website may be terminated at any time by us without notice. our disclaimer and indemnity will nevertheless survive any such termination.
we reserve the right to refuse to supply our products and services for any reason.
these terms and conditions are governed by the laws in force in victoria, australia. you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
if we waive any rights available to us under these terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
if any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
to the fullest extent permitted by law, we exclude all express and implied warranties, conditions, and terms, including without limitation:(i) any warranty relating to the accuracy, reliability or completeness of the website, or any of the content;
(ii) any warranty relating to the merchantability or fitness for any particular purpose of any of the products referred to on the website, or that are supplied by us; or
(iii) any warranty that your use of or access to the website will be uninterrupted or error-free. to the fullest extent permitted by law, we do not accept any responsibility or liability for any loss, damage, cost, claim or expense howsoever arising (including negligence) from or in connection with:(i) the use or performance of (or any inability to use, or failure of) the website, or any Linked Website;
(ii) your use of or reliance on the content, or any omission from the content;
(iii) any products or services supplied by us, or referred to on the website;
(iv) our failure to comply with our obligations as set out in these terms, even if such loss or damage is reasonably foreseeable. where liability cannot be excluded, our liability is limited to the repair, replacement or refund of the affected products purchased.