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.
A. 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.
3.1 In order to have access to special offers, order tracking facilities and other useful functions of the website you must first create a registered account on the Website (‘Account’). Creating an account will enable you to:
(a) receive information and email communications from SWI relating to special offers and promotions, events and activities and many other member-only perks;
(b) track order history and current order status;
(c) change your personal preferences, including with respect to your preferred e-mail address, billing and shipping address(es), credit card details and passwords;
(d) view, otherwise receive notice of and print orders and invoices for what you have purchased; and
(e) change newsletter subscriptions, view past product and service reviews on the website, add to or edit your wishlist and download any special voucher offers supplied to you.
3.2 When registering an account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.
3.3 SWI reserves the right to refuse registration of an Account (or to close an existing Account) where:
(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;
(b) you have breached these Terms & Conditions of Use;
(c) SWI considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or
(d) you have an existing account.
3.4 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.
4. Legal Capacity
By making an order to purchase a product, you warrant to SWI that you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with SWI with respect to that purchase.
5. Un-authorised Use of this Website
5.1 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.
5.2 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.
5.3 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.
5.4 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.
6. Limitation of Liability
6.1 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.
6.2 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.
8.2 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.
9. Website Information
9.1 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.
9.2 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).
10. Links to third-party websites
11. Links to third-party websites
11.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and SWI.
11.2 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.
11.3 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.
11.4 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.
11.5 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.
B. USER AGREEMENT GOVERNING DOM PROMOTIONAL ORDERS
1. Placing orders
1.1 For the avoidance of doubt, the promotion and/or publication of offers on the Website or within any email correspondence that you receive from SWI does not constitute an offer from SWI to sell you the promotion, the corresponding offer or the goods and services that are the subject of that offer. The promotion and/or publication of offers on the Website or within any email correspondence that you receive from SWI is an invitation to treat only.
1.2 By placing an order for a special offer, downloadable product (such as an event entry ticket) or by otherwise utilizing a promotional ‘discount code’ on the Website, you are making an offer and commitment to purchase a said offer on the offer-specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.
1.3 SWI reserves the right to accept or reject your offer to purchase of a special offer for any reason (or no reason). In the event SWI cancels your order to purchase a special offer, SWI will charge-back the full purchase price to your credit card or bank account (not including bank fees).
1.4 Once you have made an order to purchase products on the Website, you cannot cancel that order.
2. Issue of orders and invoices
2.1 Once you have placed your order for products (or services if applicable), you will receive a confirmation of your order (whether by email or via your Account) and your credit card will be charged for the purchase price of the products.
2.2 Products will only be released to you only if
(a) full payment for those products has been received by SWI; and
(b) the minimum order amount or quantity has been met.
2.3 A downloadable product may take the form of a physical voucher, a unique code or a hyperlink and may be delivered to you via email, by post or maybe downloadable on the Website via your Account.
2.4 AW is not liable or responsible for any loss suffered as a result of a downloadable product not being received by you (including, without limitation, due to an email being blocked by a firewall or filter or where you have registered an incorrect email address).
3. Chargebacks and refunds
3.1 If you make an order to purchase products, and the Minimum order amount or quantity has not been met, SWI will charge-back the full purchase price to your credit card or by T/T to your bank account (if a charge has been made for the order), you will be responsible for payment of any incurred bank fees (if applicable).
3.2 You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued purchase, except as required by law.
4. Terms of purchase
5.1 You acknowledge and agree that your purchase of products (or services) from SWI may be subject to specific terms, conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms attaching to a product (or service), the minimum order quantity or amount for the Website (or relating to special offers), the expiration date for your redemption of the special offers with the relevant third party) (‘Offer Specific Terms’), which will be communicated to you on the Website prior to your requirement of the special offer or downloadable product that is issued to you. To the extent there is any inconsistency between the offer-specific Terms and the Terms & Conditions of Use, the offer-specific Terms will prevail. By placing an order for a special offer or downloadable product on the Website, you agree that all offer-specific Terms will be legally binding on you in connection with that offer.
5.2 Unless otherwise stated in the offer-specific Terms or required by law, the following terms apply to all special offers, promotions or downloadable products (without limiting the other terms and conditions in these Terms & Conditions of Use):
(a) special offers, promotional items, or downloadable products are not redeemable for cash or credit.
(b) If, for any reason, you do not or cannot use a special offer, downloadable product or promotional item you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that special offer, downloadable product or promotional item, except as required by law.
(c) AW is not responsible or liable for your lost or stolen products, special offers, promotional items or downloadable products.
(d) The expiration date for a special offer is as printed on the offer and will be quoted on the Website. All special offers or downloadable products are deemed void after the published expiration date and will not be honoured by AW or any applicable third parties. Expired promotional offers, items or downloadable products are non-refundable in whole or in part.
(e) Promotional offers, items or downloadable products may not, without the prior written consent of AW, be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services unless prior written approval is provided by AW.