1.Using this website Means You Agree to These Terms.
3.Access and Use of Site
Theonethatgotaway.com.au lets you visit this website for your own use. You must not download or attempt to modify anything in this website and not interrupt or attempt to interrupt the operation of the website. You must not use this website for any unlawful purpose. You must not reproduce, duplicate, copy, sell, resell, display, or otherwise use all or any portion of this website for any commercial purpose. You must not link this website to any other site without our prior written consent.
You are responsible to maintain the confidentiality of your account and password and to restrict access to your computer, and you accept responsibility for all activities that occur under your account or password.
5.Discretion to Provide or Cancel Service
Theonethatgotaway.com.au reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
The One That Got Away attempts to be accurate in product descriptions. However, we do not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it to us in the same condition as you received it from us.
8.Risk of Loss
All items purchased from Theonethatgotaway.com.au sent to you pursuant to a shipment contract. This means the risk of loss and title for items passes to you on our delivery to the carrier.
9. Warranty and Disclaimers
This website and its contents and all products offered or sold through this website are provided on an as is basis, with all faults, without warranty of any kind unless specifically noted, express or implied, as to any aspect of this website or the product, or their contents, accuracy, completeness, reliability, functionality or usefulness for any general or specific purpose. This website may contain inaccuracies, typographic and other errors. We disclaim any representation or warranty that servers used or email sent from Theonethatgotaway.com.au are free of viruses or other harmful components. We do not warrant that the website of any product will meet your requirements or will operate or function without interruption or be error free or free of defects. As stated above we disclaim all warranties of merchantability and fitness for a purpose and all other warranties. We disclaim any representation or warranty regarding quality of services or products obtained or identified on this website, and any other aspect of services or products available through this website.
The One That Got Away (registered domain name Theonethatgotaway.com.au) nor any of our shareholders, directors, officers, employees or other representatives, nor our advertisers, suppliers, independent contractors or affiliates, will be liable for injury, loss or damages of any kind arising from use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, arising directly or indirectly from or in connection with or related to the use of this website or by any negligent acts or omissions.
11.Broad Disclaimer and Limitation
The prior section (section 10) is a broad, comprehensive disclaimer and limitation of liability that applies to all injuries, losses and damages or any kind whatsoever, including, by way of example, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property, interruption to business or household or claims of third parties. This provision is for the benefit not only of The One That Got Away but also of each of the other categories of persons mentioned.
12.Privacy and Personal Information
13.You May Receive Mail and E-Mail
By using the website you consent to receive email from us. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The contents of this website are the property solely of Theonethatgotaway.com.au or our content suppliers and are protected by copyright laws. This includes all website designs, text, graphics, interfaces, selection and arrangements, and all software. We reserve all rights under copyright laws and all other laws. We prohibit any other use of materials on this website, such as copying for any other purpose, modification, distribution, public performance or republication, without our prior written consent.
The One That Got Away and all titles, names, graphics and icons are service marks, trademarks, or trade dress of The One That Got Away. Our trademarks may not be used with any product or service not offered by Theonethatgotaway.com.au or in any manner that may confuse customers, vendors, or others, or that may falsely harm our reputation. Other trademarks, product names, company names or logos in or produced as a result of a search in this website are property of their respective owners.
18. International Users
This website is controlled, operated and administered by Theonethatgotaway.com.au from offices within Australia. We make no representation that materials at this site are appropriate or available for use outside Australia and access to them from territories, states or countries where viewing this website or purchasing items from this website is illegal is prohibited. You must not use the website or export any products purchased through this website in violation of Australian export laws and regulations.
20.Time Limit to Make a Claim
The time limit for any claim you wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises, and if not brought within the shorter of these times, the claim is barred.
21.Who This Agreement Benefits and Binds
23.Yours and Our Entire Agreement
24.We Can Change These Terms
If any of these provisions is found to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severed and will not affect the validity and enforceability of any remaining provisions.