Terms of Use



Please read the following terms and conditions that govern your use of this website. Your use of the www.footage.com.au (‘Footage/we/our/us’) website constitutes to your (‘you/the customer’) agreement to follow and be bound by these terms.

Footage reserves the right to alter and change these terms and conditions occasionally. Changes to the terms and conditions will be effective immediately upon publication on this website. Your continued use of the website following such changes will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of these Terms and Conditions. Should you disagree with any of these changes to the Terms and Conditions, you must immediately stop using this website

This Website is owned and operated by Footage Lifestyle Pty Ltd (ABN 34 137 973 347), trading as Footage.

 

1. Disclaimer


This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on this website is for general information purposes only and does not constitute as advice.

Footage does not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that any defects will be uninterrupted or error free, or that any defects in this website will be corrected or that this website or the website or the server that makes this website available are free of viruses or any other harmful components. Except to the extent required by law, Footage does not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case, to the fullest extent permitted by applicable law.

Footage reserves the right to suspend or withdraw the whole, or any part of the website at any time without notice and without incurring any liability.

 

2. Limitation of Liability

Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, Footage limits its liability where and to the extent it is entitled to do so. Otherwise, neither Footage, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.

 

3. Your Obligations

You must ensure that your access to this website is not illegal or prohibited by the laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or any forms of interferences which may damage your own computer system. We do not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or an linked website. You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undetake any activity which will place an unreasonable burden on our systems.

You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failture to comply with these terms and conditions.

 

4. Intellectual Property

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Footage are protected by copyright laws and treaties around the world. All such rights are reserved by Footage. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

5. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

6. Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

 

7. Third Party Links

This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. Should you decide to access any third party website linked from our website, you do so at your own risk.

 

8. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Footage retains the right to refuse any request made by you.

 

9. Warranties

Please follow the care instructions provided with the Product. Footage will not be liable for any damage caused by any failure on your part to maintain the product properly.

The colours of the Product may vary slightly from those displayed by your computer monitor or other electronic devices.


10. Indemnity

You agree to indemnify, defend and hold harmless Footage, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.

 

11. Governing Law

These terms and conditions are governed by the laws in force in New South Wales and the Commonwealth of Australia.

 

12. Your Account

To access or use certain portions of this website, you will need to register an account. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please amend your details or notify Footage immediately at the following e-mail address customercare@footage.com.au.

You must be 18 years of age and must be able to form legally binding contracts under applicable law to place orders with Footage. By accepting these Terms and Conditions and becoming a member you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the Footage Privacy Policy and Terms and Conditions.

 

13. Your Order

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

An order placed by you on the Site for an item is only an offer by you to purchase an item for the price as displayed on the Site. Footage reserves the right to accept or reject your offer for any reason whatever. Your contract with Footage will only come into existence when Footage advises you by email that it has accepted your order and confirmed receipt of your payment.

If an item you have ordered is temporarily out of stock, you will be contacted by email and informed of the expected delivery date. If an item you have ordered is sold out or has been discontinued after you have placed your order, you will be contacted by email and given the option of a replacement, credit note or full refund.

 

14. Prices

All prices on the website are given in Australian Dollars (AUD), and all payments must be made in Australian Dollars.

The prices for all products shown on our website are inclusive of Australian Goods and Services Tax (GST). Prices do no include shipping costs. Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

 

15. Payment

Footage accepts payment via Paypal or Shopify's credit card payment system. Payment will only be processed through these secure payment gateways.

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