Best Enemies Pty Ltd (“Best Enemies”) operates the internet domain www.bestenemies.org
Copyright and Trademark
The material on the Website is protected by copyright under the laws of Australia and other jurisdictions (by international treaties). Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages (including any files accessed through these web pages) and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled by Best Enemies and/or other parties working with Best Enemies. All rights in the copyright material of Best Enemies are reserved. All rights in the copyright material owned by other parties are reserved by their respective owners.
Important Notice & Copyright Acknowledgement
While care has been taken to compile the details of copyright information available, Best Enemies accepts no responsibility for errors or omissions in the information provided. In the event of any defect, errors or omissions Best Enemies’ liability shall be limited to providing the information again. This material may be used for your personal, non-commercial use only.
You must not alter, reproduce, disseminate or communicate any of this material without the prior written permission of the Copyright Owners. The content presented on the Website may not under any circumstances be altered, reproduced, disseminated or communicated in any way including, but not limited to, by modifying, copying, reproducing, republishing, framing to, uploading to a third party, posting to other websites, transmitting or otherwise distributing any material in any form, without prior written permission from the copyright owners. No party may “link” to any content or page within the Website, other than www.bestenemies.org without the prior written authority of Best Enemies.
You must not access or use the Website in any way that involves the use of computer codes or software applications (including Internet bots) to run automated tasks which search, copy, “scrape”, store and/or reuse materials or products from the Website, whether for your own personal, non-commercial, or otherwise.
Limitation of Liability
Best Enemies makes no guarantee of availability of the information on this Website and will not be held responsible for data loss or interruption of service of any kind.
To the maximum extent permitted by law, Best Enemies’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Best Enemies to the case of services or material supplied by Best Enemies.
In the event that a delivery date is specified by the Customer, Best Enemies shall use its best endeavours to comply with the Customers request. In no circumstances will Best Enemies be liable for any loss or damage of any kind whatsoever in the event that it is not able to comply with the Customers request for delivery at a certain time. The Customer acknowledges and agrees that it will not make any claim against Best Enemies for any loss or damage incurred as a result of late delivery.
Claims, Returns and Refunds
The Customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies Best Enemies in writing of its claim within 3 days or receipt of goods. Digital and downloadable goods are strictly non-refundable under any circumstances.
Best Enemies will accept no return of allegedly defective goods unless it has given prior written authorisation for the return.
Where returned products are accepted, a restocking and handling fee of 15% will apply.
Where goods are specifically manufactured for a purpose use by the client and are not normally stocked items by Best Enemies, a no return policy exists.
All warranties whether express of implied and whether statutory or otherwise with regard to the goods supplied by Best Enemies as to quality, fitness for purpose or any other matters are hereby excluded except in so far as any such warranties are incapable of exclusion at law.
Orders placed with Best Enemies cannot be cancelled without the written approval of Best Enemies. In the event that the Best Enemies accepts the cancellation of any order placed with it shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s order and request for cancellation.
The Customer hereby acknowledges that Best Enemies has a lien over all goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time.
Property in any article sold by Best Enemies shall not pass from Best Enemies to the Purchasers until the Purchaser has paid for the article in full and all cheques and other negotiable instruments have been cleared. The risk of loss or damage to the article shall be entirely at the risk of the Purchaser upon delivery to the Purchaser. If any payment for any article sold by Best Enemies is overdue or if the Purchaser pays Best Enemies by cheque (in full or in part) and such cheque is not met on presentation by Best Enemies, Best Enemies reserves the right to retake physical possession of the goods in full of partial satisfaction of the debt and for this purpose the Purchaser hereby consents to Best Enemies or its agents or servants entering upon the Purchasers premises.
Monies owed by the Purchaser to Best Enemies shall become due immediately upon the commencement of any act or proceeding in which the Purchaser’s solvency is involved.
The proper law of all contracts arising between Best Enemies and the Customer is the law of the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of that State.