POLYGLOT PTY LTD ACN 661105684 T/A  

LANEX LANGUAGE EXCHANGE 

WEBSITE TERMS AND CONDITIONS 

In these terms and conditions, “we” “us” and “our” refers to Polyglot Pty Ltd ACN 661105684 T/A Lanex Language Exchange. Your access to and use of all information  on this website including purchase of our services is provided subject to the following  terms and conditions.  

We reserve the right to amend this Notice at any time and your use of the website  following any amendments will represent your agreement to be bound by these terms and  conditions as amended. We therefore recommend that each time you access our website  you read these terms and conditions. 

Registered Users 

1. In order to access the services provided on this website, you must become a  registered user. You must complete registration by providing certain information as  set out on our registration page. Please refer to our Privacy Policy linked on our  home page for information relating to our collection, storage and use of the details  you provide on registration. 
2. You agree to ensure that your registration details are true and accurate at all times, and you undertake to update your registration details from time to time when they  change. 
3. On registration, we provide you with a password. On registration you agree to pay  for our services as set out on our website.  
4. We reserve the right to terminate your registration at any time if you breach these  terms and conditions.  

Our Website Services 

5. Our services are provided to adults over the age of eighteen (18) years. By  proceeding to purchase through our website, you acknowledge that you are over 18  years of age.
6. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour  to ensure that our price list is current. Our price list can be accessed from our home  page, and we reserve the right to amend our prices at any time. If you have placed  an order, we undertake to fulfil your order at the price listed at the time you ordered.  Product Descriptions 
7. We strive to ensure that our products/services are described as accurately as  possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any  error or omission.  
8. Images have been provided for illustrative purposes only and we do not guarantee  that any image will reproduce in true colour nor that any given image will reflect or  portray the full design or options relating to that product. 

Product/Services Orders 

9. Our products/services are for sale to adults over the age of eighteen (18) years. By  proceeding to purchase through our website, you acknowledge that you are over 18  years of age. 
10. We endeavour to ensure that our product list is current however we give no  undertaking as to the availability of any product advertised on our website. 11. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list  can be accessed from our home page, and we reserve the right to amend our prices  at any time.  
11. When you order from us, we require you to provide your name, address, your email  address, telephone contact and credit card details. We undertake to take due care  with this information; however, in providing us with such information you accept that  we are not liable for its misuse due to error in transmission or virus or malware. 
12. We undertake to accept or reject your order within (14) (7)?? days. If we have not  responded to you within 14 or 7?? days, your offer is deemed to be rejected. We  are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that  product in stock. 
13. Once you have submitted an order, you may not cancel that order even if our  acceptance or rejection of your offer is still pending. 
14. Delivery of your ordered product/services will be as set out on our website. Our  terms of payment are set out on the order page.  

Product/ Services Returns 

16. We undertake to reimburse you for any product/service delivered to you that is faulty  or is in a damaged condition. If you wish to return a faulty or damaged product, you  must notify us through our designated “contact us” webpage where we set out our  requirements relating to return of such goods/services.  
17. If we are unable at the time of return to replace or exchange returned goods/  services, we undertake to reimburse your credit card for the amount initially debited  for the purchase including any other charges. 

Site Access 

18. When you visit our website, we give you a limited licence to access and use our  information for personal use.  
19. You are permitted to download a copy of the information on this website to your  computer for your personal use only provided that you do not delete or change any  copyright symbol, trade mark or other proprietary notice. Your use of our content  in any other way infringes our intellectual property rights. 
20. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to  copy, reproduce, republish, distribute or display any of the information on this  website without our prior written permission. 
21. The licence to access and use the information on our website does not include the  right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag  or mirroring of our website.  

Hyperlinks 

22. This website may from time to time contain hyperlinks to other websites. Such links  are provided for convenience only and we take no responsibility for the content and  maintenance of or privacy compliance by any linked website. Any hyperlink on our  website to another website does not imply our endorsement, support, or  sponsorship of the operator of that website nor of the information and/or products  which they provide.  
23. Linking our website is not permitted. We reserve the right to serve you with notice  if we become aware of such linking. 

Intellectual Property Rights 

24. The copyright to all content on this website including applets, graphics, images,  layouts and text belongs to us or we have a licence to use those materials. 25. All trade marks, brands and logos generally identified either with the symbols TM or  ® which are used on this website are either owned by us or we have a licence to  use them. Your access to our website does not license you to use those marks in  any commercial way without our prior written permission. 

Disclaimers 

26. Whilst we have taken all due care in providing the information on our website, we  do not provide any warranty either express or implied including without limitation  warranties of title or implied warranties of merchantability or fitness for a particular  purpose.  
27. To the extent permitted by law, any condition or warranty which would otherwise be  implied into these terms and conditions is excluded.  
28. We also take all due care in ensuring that our website is free of any virus, worm,  Trojan horse and/or malware, however we are not responsible for any damage to  your computer system which arises in connection with your use of our website or any linked website. 
29. From time to time, we may host third party content on our website such as  advertisements and endorsements belonging to other traders. Responsibility for  the content of such material rests with the owners of that material and we are not  responsible for any errors or omissions in such material.  

Statutory Guarantees and Warranties to Consumers  

30. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a  consumer. Under the C&C Act we are a supplier of either goods or services or both  to you, and as a consumer the C&C Act gives you statutory guarantees. Attached  to the Standard Terms and Conditions are:- 

(i) Schedule 2 of the C&C Act; and 

(ii) those statutory guarantees, all of which are given by us to you if you are a consumer. 

31. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods  or services then we give you a warranty that at the time of supply of those goods or  services to you, if they are defective then:- 

(i) We will repair or replace the goods or any part of them that is defective; or (ii) Provide again or rectify any services or part of them that are defective; or (iii) Wholly or partly recompense you if they are defective. 

32. As a consumer under the C&C Act you may be entitled to receive from us notices  under Schedule 2 section 103 of the C&C Act. In that regard: - 

(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and  the goods or services, we are providing relate to the repair of consumer  goods then we will give you any notice which we are obliged to give you  under Schedule 2 section 103 of the C&C Act. 

(ii) If we are a repairer of goods capable of retaining user-generated data then  we hereby give you notice that the repair of those goods may result in the  loss of the data. 

(iii) If we are a repairer and our practice is to supply refurbished goods as an  alternative to repairing your defective goods or to use refurbished parts in  the repair, then we give you notice that the goods presented by you to us  for repair may be replaced by refurbished goods of the same type rather  than being repaired. We also give you notice that we may use in the repair  of your goods, refurbished parts. 

Limitation of Liability 

33. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then  this clause applies to you. If you are a consumer within the meaning of the C&C  Act then this clause has no effect whatsoever to in any way limit our liability or your  rights. If you are not a consumer: - 

(i) To the full extent permitted by law, our liability for breach of an implied  warranty or condition is limited to the supply of the services again or  payment of the costs of having those services supplied again.  

(ii) We accept no liability for any loss whatsoever including consequential loss  suffered by you arising from services we have supplied.  

(iii) We do not accept liability for anything contained in the post of a user or in  any form of communication which originates with a user and not with Us. (iv) We do not participate in any way in the transactions between our users. Indemnity 

34. By accessing our website, you agree to indemnify and hold us harmless from all  claims, actions, damages, costs and expenses including legal fees arising from or  in connection with your use of our website.  

Force Majeure 

35. If a Force Majeure event causing delay continues for more than 30, we may  terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means  any act, circumstance or omission over which we could not reasonably have  exercised control. 

Jurisdiction 

36. These terms and conditions are to be governed by and construed in accordance  with the laws of Queensland and any claim made by either party against the other  which in any way arises out of these terms and conditions will be heard in  Queensland and you agree to submit to the jurisdiction of those Courts. 
37. If any provision in these terms and conditions is invalid under any law the provision  will be limited, narrowed, construed or altered as necessary to render it valid but  only to the extent necessary to achieve such validity. If necessary the invalid  provision will be deleted from these terms and conditions and the remaining  provisions will remain in full force and effect. 

Privacy  

38. We undertake to take all due care with any information which you may provide to us  when accessing our website. However we do not warrant and cannot ensure the  security of any information which you may provide to us. Information you transmit  to us is entirely at your own risk although we undertake to take reasonable steps to  preserve such information in a secure manner. 
39. Our compliance with privacy legislation is set out in our separate Privacy Policy  which may be accessed from our home page.