Terms of Service

TERMS OF SERVICE

In accordance with the Liquor Licensing Act 1997, section 110(1a), it is an offence to sell or supply liquor to a minor under the age of 18 years.

I confirm I am 18 years of age or over and I have read and I accept the Terms and conditions (Tick Box)

By accessing this website, becoming a member, and or placing an order you agree to be bound by the following terms and conditions. Boozedirect.com.au reserves the right to change these terms and conditions at any time and to notify you by posting them here.

SECTION 1 – ORDER

All orders are processed and distributed by independent liquor stores. An agreement exists between you and Boozedirect and independent liquor stores. Boozedirect has no obligation to sell or supply the goods. Independent liquor stores have absolute discretion and may or may not accept orders.   In accordance with the Liquor Licensing Act 1997, section 110(1a), it is an offence to sell or supply liquor to a minor under the age of 18 years

SECTION 2 -PRICES AND PAYMENTS

2.1. All prices on this website are in Australian dollars and include GST. (Goods and Services Tax)

2.2. We accept payment from PayPal and offer access to payment options including Visa, MasterCard, Diners Club, and American Express

2.3. Credit card details are not processed are not stored by Boozedirect.com.au

2.4. PayPal payment transfers you to PayPal’s site for processing, you are able to return to Boozedirect.com.au after you have processed the payment.

2.5. We reserve the right to cease special offers or change prices at any time without notice.

SECTION 3 -PRIVACY POLICY

Boozedirect.com.au is committed to adopting the highest standards to safeguard our customer’s personal information.  Please refer to our Privacy Policy which sets out how and why we collect and use your personal information. Further information (Reference Privacy Policy – Extended. Section 18)

SECTION4 -SECURITY

4.1. Boozedirect.com.au shall take all reasonable steps to ensure the security of your personal information.  Please refer to our Privacy Policy for further information on how Boozedirect.com.au has endeavored to ensure the security of personal information.

4.2. Boozedirect.com.au is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.

4.3. Boozedirect.com.au in no way guarantees the accuracy of the information on external sites which can be accessed from links on this website. External links are provided for your convenience only.

4.4. It is the responsibility of members of our site to protect their login details from being disclosed to any third party.

4.5. Boozedirect.com.au in no way guarantees the security and encryption of the PayPal payment process.

SECTION 5 -DELIVERY POLICY

5.1. Independent liquor stores deliver to the address specified in the delivery instructions, Australia wide using Australia post or selected Australia Couriers.

5.2. Please ensure someone is present at the delivery address to sign for the goods, if not, a card will be left directing you to your nearest pickup location which will hold the parcel for you in accordance with Australian post or selected  Australian Couriers rules and regulations.4

5.3. Anyone at the delivery address who receives the goods shall be presumed authorised to receive the goods on your behalf. We request that the person who receives the goods at the delivery address provides satisfactory evidence of proof of age.  We will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.  Any goods will not be delivered to persons under the age of 18 years old or who fail to provide proof of age satisfactory that the person is aged 18 years or over. We reserve the right to not provide refunds in the event of failure to provide satisfactory ID.

5.4 Delivery of goods will not be delivered on Good Friday, Boxing Day & Christmas Day. Alternative delivery dates must be organised with independent liquor stores.

5.5 We deliver anywhere in Australia, except for areas that are classified by the Australian Government as dry zones or Australian Islands that are classified as in International Waters.

Information paper regarding dry areas and you will find appropriate regulations for each dry area at the following:  http://www.legislation.sa.gov.au\listregulations

5.6 Alcohol and Dry Area Restrictions for Queensland. Delivery of freight into the areas specified is restricted and will not be delivered to the following postcodes;

Aurukun Postcode – 4871, Bamaga Postcode – 4876, Cherbourg Postcode – 4605, Doomadgee Postcode – 4830, Hope Vale Postcode – 4871, Injinoo Map Postcode – 4876, Kowanyama Postcode – 4871, Lockhart River Postcode – 4871, Mapoon Postcode – 4871, Mornington Island Postcode – 4825, Napranum Postcode – 4874, New Mapoon Postcode – 4876, Palm Island Postcode – 4816, Pormpuraaw Postcode – 4871, Seisia Postcode – 4876, Umagico Postcode – 4876, Woorabinda Postcode – 4713, Wujal Wujal Postcode – 4873 and Yarrabah Postcode – 4871.

SECTION 6- DELIVERY HOURS & TRADING HOURS

In accordance with the South Australian Liquor Licensing legislation, Boozedirect.com.au operates between 10 am and 9 pm Monday to Friday. Except for Good Friday, Boxing Day & Christmas Day. Boozedirect.com.au is not responsible to deliver the goods, however, Independent liquor stores are responsible in accordance with the Australian Liquor Licensing legislation.

SECTION 7 -RETURNS

If you are not satisfied with the quality or condition of the goods you receive please contact us by email: [email protected] if you are unable to resolve the issue with the independent liquor store.

If there is no issue with the quality and condition of goods and you simply wish to return the item for a refund please, conduct the independent liquor store you purchased the goods from.

SECTION 8 -LIMITATION OF LIABILITY 

Boozedirect.com.au warrants that the items supplied are of satisfactory quality and fit for their general purpose. However, you acknowledge and agree that all implied conditions and warranties on the part of Boozedirect.com.au in relation to any ordered goods supplied by Boozedirect.com.au are excluded to the maximum extent permitted by law. In respect of any liability that Boozedirect.com.au excludes, wwww.Boozedirect.com.au liability is limited, at its option, to the replacement or re-supply of the ordered goods, or a refund of the cost of the ordered goods.

SECTION 9 -RISK & TITLE

Risk and title in the goods pass to the customer upon delivery of the goods to the delivery address.

SECTION 10 -OUT OF STOCK

Independent Liquor stores will use their best endeavors to ensure that all goods ordered are supplied to you.

SECTION11 -LABELING OF GOODS

Independent Liquor stores aim to include in the product list up-to-date pictures of all the goods.  At times pictures are for illustrating purposes only and Boozedirect.com.au does not warrant the accuracy of the information contained on the product list and recommends that you read the labels on the goods carefully before consuming the goods. This is limited to the independent Liquor store’s responsibility.

SECTION 12 -LICENSE & INTELLECTUAL PROPERTY RIGHTS

12.1. You are licensed to use our website on your computer for your use in purchasing and selling goods from Boozedirect.com.au

12.2. You acknowledge that you are not permitted to make any other use of the Boozedirect.co.au website unless given written prior authorisation by Boozedirect.com.au

12.3. You acknowledge that any trademarks or logos which appear on the Boozedirect.com.au website are owned by or licensed to Boozedirect.com.au or its related corporations and that you must not do anything to prejudice the rights of the trademark owner or license to such trademarks or logos.

SECTION 13 -DISCLAIMER

13.1. Boozedirect.com.au makes no representations or warranties of any kind express or implied as to the operation of this website or the information, content, materials, or products included in this website.  You expressly agree that your use of this website is at your own risk.

13.2. To the full extent permissible by applicable law, Boozedirect.com.au disclaims all warranties, express or implied, Boozedirect.com.au does not warrant that its website, its service, or emails sent from Boozedirect.com.au are free of viruses or other harmful components.  Boozedirect.com.au will not be liable for any damages of any kind arising from the use of this website including but not limited to direct, indirect, incidental, punitive, and consequential damages.

13.3. You assume total responsibility for your use of the website and any linked websites.  Your sole remedy against Boozedirect.com.au for dissatisfaction with the website or any content is to stop using the website or any such content.

13.4. Boozedirect.com.au reserves the right to do any of the following at any time without notice:

13.5. Modify, suspend or terminate operation of or access to the website or any portion of the website for any reason;

13.6. Modify or change the website or any portion of the website including prices and any applicable policies or terms; and

13.7 to interrupt the operation of the website or any portion of the website as necessary to perform routine or non-routine maintenance, error, connection, or other changes.

13.8 you must indemnify and hold harmless Boozedirect.com.au or its employees, contractors, and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses, claims, and damages arising from:

13.9 Any breach by you of these terms; reliance by you on any information obtained through the Boozedirect.com.au website.

SECTION 14 -APPLICATION

This website is governed by the laws of South Australia.

SECTION15 -REWARDS, PROMOTION, & PRODUCT AVAILABILITY

All specials, promotions, offers and discounted items as advertised on the website are available only while stocks last unless otherwise advertised.  All terms and conditions of these specials, promotions, clearances, offers, and discounted items advertised on the website shall apply.

SECTION 16 -GENERAL

16.1. Boozedirect.com.au reserves the right at its discretion to close a customer account or Independency Liquor stores or cancel an order if it believes a person has breached these terms and conditions.

16.2. Should Boozedirect.com.au be prevented from carrying out its obligations by events beyond its control, Boozedirect.com.au will be excused from complying with its obligations whilst such events persist, and, at its option may elect to cancel any order without liability and refund the customer for any charges.

SECTION 17 -The law of South Australia:

In accordance with the Liquor Licensing Act 1997, section 110(4) if a person, acting at the request of a minor, purchases liquor on behalf of the minor that person and the minor are guilty of an offence.

Copyright © 2023 Boozedirect.com.au. All Rights Reserved.

Liquor Licensing Act 1997 (SA) “Boozdirect.com.au supports the responsible service and consumption of alcohol.”

Boozedirect.com.au ABN 17717237657

SECTION 18 -Further Information on Alcohol & Drugs

http://www.cbs.sa.gov.au/

http://www.legislation.sa.gov.au\listregulations

South Australia: In accordance with the Liquor Licensing Act 1997, section 110(4) if a person, acting at the request of a minor, purchases liquor on behalf of the minor that person and the minor is guilty of an offence.

SECTION 19- Privacy Policy – Extended.

Boozedirect.com.au respects your privacy and complies with the National Privacy Principles.

Unless you give us explicit consent to act otherwise, the following policy will govern how Boozedirect.com.au handles your personal information and safeguards your privacy.

Our Commitment Boozedirect.com.au is committed to complying with the National Principles for the Fair Handling of Personal Information developed by the Australian Federal Privacy Commissioner.

SECTION 20 -What Information Do We Collect Certain personal information is collected when you contact us, including but not limited to, your name, gender, date of birth, physical address, email address, mobile phone number, and your interests (responses and feedback). Personal information allows others to identify you.

Personal information gathered must only be used for the purpose agreed by both the provider of information and Boozedirect.com.au

How Will We Use It? Your information will be held in the strictest confidence. Boozedirect.com.au will not disclose, share or sell any personal information about you to any third party.

The information we collect enables us to provide a better service that is tailored to your needs and helps us to identify the products and services of our site that are popular and those that are not.

If you have opted in to receive promotional material from us, then you will receive emails, postal mail, or mobile SMS messages from us to inform you of up-and-coming events and special offers of interest to you.

If you wish to update or change personal information collected please contact us so we can amend your details.

You can opt-out of receiving contact from us at any stage by simply emailing us, using the unsubscribe link provided on emails, replying with ‘REMOVE ME’ to [email protected]

Boozedirect.com.au is committed to complying with any laws introduced to strengthen protection for your privacy. Our Privacy Statement will be reviewed and may be revised from time to time. We reserve the right to change our privacy policy at any time and notify you by posting an updated version of the policy on our website.

SECTION 21 -Cookies Like most websites, Boozedirect.com.au uses cookies in order to provide a better user experience by providing us with an analysis of our site and tracking conversion rates on our Google ads. Cookies are set based on your viewing of web pages and do not contain any information that can identify you personally. A cookie is a snippet of text that is sent from a website’s servers and stored in your web browser. This information helps us deliver a website and Google ads that are relevant to your interests and measure the effectiveness of our site and these campaigns.

This website is operated by Boozedirect.com.au Throughout the site, the terms “we”, “us” and “our” refer to The Boozedirect.com.au. The Boozedirect.com.au offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted in Australia. They provide us with an online e-commerce platform that allows us to sell our products and services to you. This website is operated by Boozedirect.com.au Throughout the site, the terms “we”, “us” and “our” refer to The Boozedirect.com.au. Boozedirect.com.au offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions,
policies, and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of
Service applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 22 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 23 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 25 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 26 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 27 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 28 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 29 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be

directed to the third party.

SECTION 30 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 31 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view
our Privacy Policy.

SECTION 32 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 33 – PROHIBITED USES

In addition to other prohibitions, as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 34 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Boozedirect.com.au , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 35 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Boozedirect.com.au and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 36 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions

SECTION 37 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 38 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not

constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 39 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the law.

SECTION 40 – CHANGES TO TERMS OF SERVICE

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 41 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

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