AGREEMENT BETWEEN USER AND SEGALS

The Segals website is comprised of various web pages operated by Segals. The Segals website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Segals website constitutes your agreement to all such terms, conditions and notices. By accessing this site you agree to be bound by our Terms. Each time you use our Website you have agreed to be bound by these Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use our Website. The Website are for convenience and informational purposes only and is not intended to convey advice or recommendations.

MODIFICATION OF THESE TERMS OF USE

Segals reserves the right to change the terms, conditions and notices under which the Segals website is offered, including but not limited to the charges associated with the use of the Segals website.

LINKS TO THIRD PARTY SITES

The Segals website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Segals and Segals is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Segals is not responsible for webcasting or any other form of transmission received from any Linked Site. Segals is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Segals of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Segals website, you warrant to Segals that you will not use the Segals website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Segals website in any manner which could damage, disable, overburden or impair the Segals website or interfere with any other party’s use and enjoyment of the Segals website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Segals website.

USE OF COMMUNICATION SERVICES

The Segals website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate any applicable laws or regulations.

Segals has no obligation to monitor the Communication Services. However, Segals reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Segals reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Segals reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Segals’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Segals does not control or endorse the content, messages or information found in any Communication Service and, therefore, Segals specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Segals spokespersons, and their views do not necessarily reflect those of Segals.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SEGALS OR POSTED AT ANY SEGALS WEBSITE

Segals does not claim ownership of the materials you provide to Segals (including feedback and suggestions) or post, upload, input or submit to any Segals website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Segals, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Segals is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Segals’ sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

COPYRIGHT AND TRADEMARKS

All contents of the Segals website are: Copyright 2016 by Segals. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

The information, software, products and services included in or available through the Segals website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Segals and/or its suppliers may make improvements and/or changes in the Segals website at any time. Advice received via the Segals website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Segals and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the Segals website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided as is, without warranty or condition of any kind. Segals and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Segals and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Segals website, with the delay or inability to use the Segals website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Segals website, or otherwise arising out of the use of the Segals website, whether based on contract, tort, negligence, strict liability or otherwise, even if Segals or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Segals website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Segals website.

TERMINATION/ACCESS RESTRICTION

Segals reserves the right, at its sole discretion, to terminate your access to the Segals website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, these terms and your dealings with us are governed by the laws in force in Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

In all disputes arising out of or relating to the use of the Segals website, use of the Segals website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Segals as a result of this agreement or use of the Segals website. The Segals’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Segals’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Segals website or information provided to or gathered by Segals with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Segals with respect to the Segals website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Segals with respect to the Segals website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

USE OF COOKIES

Cookies are small pieces of information that your browser stores on your computer hard drive.

We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of the Segals  web page.

PURCHASE TERMS AND CONDITIONS – THESE TERMS AND CONDITIONS ARE PART OF THE TERMS AND CONDITIONS OF USE.

Segals reserves the right to cancel and refund, at any time before delivery and for whatever reason, an Order that it has previously accepted. Segals may do this for example, but without limitation, where:

(a) Segals’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Segals’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic or failure of computer systems, means that Segals is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

We may limit quantities available for sale or sold, and we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide a full refund on any monies paid.

All orders placed undergo an internal order verification process. During this process an order may be approved or denied at our discretion.

We do what we can to make sure that all colours are displayed accurately. However, you should be aware that colours may present differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. Any returns based on colour variations are considered a customer’s change of mind and administered accordingly.

When placing an order with Segals this will automatically create an account and subscribe  you to our mailing list. This can be unsubscribed from at anytime.

Click & Collect

Click & Collect is only available for selected products and from selected locations as shown on our Website. During the ordering process, you need to select a store from which you will collect the order. At the time you place your order, our Website will show an estimated collection time frame until your order is available for collection. You will receive notification via email when your order is ready for collection.

A valid email address and telephone number must be provided to use Click & Collect.

We will aim to have your order ready for collection by the estimated collection time frame. We will not be liable to you or any other person for any delay. In this instance, we will provide you with notice of such delay as soon as reasonably possible.

In certain circumstances, your order may be rejected, including but not limited to where the requested product is not available at the selected store. If we reject an order for products placed through our Website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

If you fail to collect your Click & Collect order within 7 DAYS  after you receive notification that the order is available for collection, we may cancel the order.

You agree to comply with certain collection requirements specified below and any other requirements that we notify to you when you place your order through our Website or notified prior to collection:

• you must collect your order from the store selected by you when you place your order;

• photographic identification and a signature, and where requested, proof of age, must be provided when you collect your order; and

• the email order confirmation for your order must be shown when you collect your order.

Only the person on order can collect. If you will not be the person collecting your order then you must nominate your representative who will be collecting your order by providing their details to the collecting store at the time your order is placed. Your representative must provide us at the time of collection with proof of their identity (including photographic identification) and, where relevant, age, and the confirmation or receipt for your order and such other verification reasonably requested by us. By nominating an alternate person to collect the order for you, you acknowledge and agree that that person is authorised by you to collect your order.

You acknowledge that we may record the details of any identification provided in relation to collection of products.