Terms and Conditions of use.
Legal Information & Notices that apply to using this website.
Terms and Conditions
Legal information & notices
blackowlgear.com/ (the website) is an online service owned and operated by Superior Ways Investment Limited (SWI Industries) ( trading as "Black Owl Gear" or "BOG"). Please read the following terms & conditions of use carefully before using this website. By visiting the website, you are deemed to have read and understood these terms & conditions of use, which shall form a legally binding agreement between you and SWI Industries.
USER AGREEMENT GOVERNING USE OF WEBSITE
1. User Agreement
If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.
2. Amendments to Terms and Conditions
SWI reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at SWI sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.
3. Un-authorised Use of this Website
3.1 You agree to use this Website only for purposes that are permitted by (a) these Terms & Conditions of Use; and/or (b) any applicable laws or regulations.
3.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.
3.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from SWI (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of SWI.
3.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that SWI may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
4. Limitation of Liability
4.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but SWI does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws. Subject to claims available under consumer protection laws, neither SWI nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
4.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of SWI for such a claim will (at SWI’s option and to the extent permitted by law) be limited to:
(a) in the case of goods:
(i) repairing or replacing those goods; or
(ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services:
(i) resupplying those or equivalent services; or
(ii) paying the cost of having those services resupplied.
You will at all times indemnify, and keep indemnified, SWI and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by SWI arising from any claim, demand, suit, action or proceeding by any person against you or SWI where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use.
6.2 In the event the SWI business or company is sold to a third party, you grant SWI the right to transfer the personal information and other data and rights that SWI has collected from you to that third party, and SWI will not be required to obtain your prior consent or approval or to notify you of such a transfer.
7. Website Information
7.1 Any information that is published on the Website about particular goods and services is based on material supplied to SWI by Merchants, Scientific publications and other third parties. You agree that SWI will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.
7.2 You agree that you are responsible for:
(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and
(b) assessing the suitability of goods (and services if stated) prior to you placing an order for products relating to those goods (or services).
8. Links to third-party websites
9. Links to third-party websites
9.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and SWI.
9.2 SWI will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside AW’s control which is not due to any lack of reasonable prudence or foresight.
9.3 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect.
9.4 AW’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.
9.5 These Terms & Conditions of Use are to be interpreted in accordance with the laws of Hong Kong. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Hong Kong.