1. ACCEPTANCE OF THESE TERMS

These Terms and Conditions of Use ("Terms") form a legally binding agreement between you and PureGlare Pty Ltd ("PureGlare", "we", "us" or "our") concerning your use of the PureGlare website at www.pureglare.com.au and any related online services provided by us (collectively, the "Service").

Please read these Terms carefully before using the Website.

By accessing, browsing or otherwise using the Website or Service, you agree to be bound by these Terms and any other policies or terms expressly incorporated into them.

If you do not agree with these Terms, you should not use the Website.

These Terms should be read together with our Privacy Policy, Terms of Sale, Returns & Refund Policy and any other terms or policies displayed on the Website.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other applicable law.

2. APPLICATION

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These Terms apply to:

• the PureGlare website;
• any online services made available through the Website;
• communications relating to the Website or online services, including email communications; and
• content, information, products and services made available through the Website.

Products and services purchased from PureGlare may also be subject to our Terms of Sale, warranty terms and Returns & Refund Policy.

The Website is intended primarily for users in Australia. Some Products or services may not be available in all locations.

You are responsible for ensuring that your use of the Website and any Products purchased through it complies with the laws applicable to you.

3. PRIVACY

PureGlare collects and handles personal information in connection with your use of the Website, including when you create an account, place an order, contact us or otherwise interact with our Service.

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy.

You should read our Privacy Policy to understand how we handle your personal information.

Nothing in these Terms limits any rights you may have under applicable privacy legislation, including the Privacy Act 1988 (Cth) where applicable.

4. ACCOUNTS, PASSWORDS AND SECURITY

Certain areas or functions of the Website may require you to create an account, username or password.

Where you create an account, you are responsible for:

• keeping your login details confidential;
• taking reasonable steps to prevent unauthorised access to your account;
• ensuring that information supplied by you is accurate and current; and
• notifying us promptly if you become aware of unauthorised access to your account or a security breach.

You are responsible for activities carried out through your account to the extent that those activities result from your failure to maintain the security of your account.

We may require you to change your password from time to time for security reasons.

We may suspend or restrict access to an account where we reasonably believe that the account has been compromised, is being misused, or is being used in breach of these Terms.

5. ACCEPTABLE USE

You agree to use the Website and Service lawfully and responsibly.

You must not:

1. use the Website for any unlawful, fraudulent or unauthorised purpose;
2. interfere with or disrupt the operation, security or availability of the Website or any network or system connected to it;
3. attempt to gain unauthorised access to the Website, our systems, accounts, databases or networks;
4. introduce or transmit any virus, malware, malicious code or other harmful material;
5. use automated systems, bots, scrapers or similar tools to access or collect information from the Website in a manner that could damage, overload or interfere with the Website, except where expressly permitted by us or by law;
6. use the Website to send spam, unsolicited commercial communications or other unauthorised bulk communications;
7. upload or transmit material that is unlawful, defamatory, misleading, threatening, abusive, harassing, obscene, fraudulent or otherwise unlawful or inappropriate;
8. upload or transmit material that infringes the intellectual property, privacy or other rights of another person;
9. impersonate another person or entity or falsely represent your relationship with another person or entity;
10. attempt to circumvent or interfere with any security or access-control measures used by the Website; or
11. use the Website in a manner that may damage our reputation, systems, business or the rights of other users.

You are responsible for any content that you upload, submit or otherwise transmit through the Service.

6. PROHIBITED MATERIAL

You must not upload, publish, transmit, display or otherwise make available through the Service any material that:

• is unlawful;
• is defamatory or misleading;
• is threatening, abusive, harassing or discriminatory;
• contains malicious software or other harmful code;
• infringes another person's copyright, trade mark, privacy or other rights;
• encourages unlawful conduct;
• contains fraudulent or deceptive information; or
• otherwise breaches applicable Australian law.

We may remove or restrict access to material that we reasonably believe breaches these Terms or applicable law.

Where appropriate, we may also suspend or terminate access to the relevant account or Service.

Nothing in this section requires us to monitor all content submitted by users.

7. USER SUBMISSIONS

If you submit reviews, comments, photographs, videos, questions, feedback or other content through the Website ("User Content"), you remain responsible for that content.

You represent and warrant that:

• you have the right to submit the User Content;
• the User Content does not infringe the rights of another person;
• the User Content is not unlawful, defamatory, misleading or otherwise prohibited by these Terms; and
• you have obtained any permissions required to submit the User Content.

By submitting User Content, you grant PureGlare a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, display, communicate, adapt and distribute that User Content for purposes reasonably connected with operating, promoting and improving our Website and business.

This licence continues for as long as reasonably necessary for those purposes, subject to applicable law.

We may edit, refuse to publish or remove User Content where we reasonably consider that it breaches these Terms, applicable law, or our policies.

We do not endorse User Content submitted by users and are not responsible for its accuracy or legality.

8. FEEDBACK

If you provide suggestions, ideas, comments or other feedback regarding our Website, Products or services, you agree that we may use that feedback without restriction and without payment or attribution to you, unless otherwise agreed in writing.

This does not transfer ownership of any intellectual property that you already own.

9. THIRD-PARTY ADVERTISING AND SERVICES

The Website may from time to time contain advertising, promotions or links relating to third-party products or services.

Any transaction, communication or other dealings between you and a third party are generally between you and that third party.

PureGlare is not responsible for third-party products or services unless we expressly state otherwise or applicable law provides otherwise.

Nothing in these Terms excludes or limits any rights or remedies that cannot legally be excluded.

10. WEBSITE INFORMATION

We make reasonable efforts to ensure that information published on the Website is accurate and current.

However, information may occasionally contain errors, omissions or inaccuracies, and Product specifications, availability, pricing and other information may change without notice.

Website information is provided for general information purposes and should not be relied upon as professional legal, financial, medical, tax or other specialist advice.

If you require specific advice regarding the suitability or compatibility of a Product, please contact us before purchasing.

11. PRODUCT INFORMATION AND COMPATIBILITY

We make reasonable efforts to provide accurate Product descriptions, specifications, images and compatibility information.

For replacement lamps, filters, remotes and other equipment-specific Products, you should check the Product specifications and compatibility information before placing an order.

Where you are unsure whether a Product is compatible with your equipment, we recommend contacting us before purchasing.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

12. INTELLECTUAL PROPERTY

Unless otherwise stated, all content and material appearing on or forming part of the Website, including:

• text;
• photographs;
• images;
• graphics;
• logos;
• product descriptions;
• designs;
• layouts;
• videos;
• audio;
• software;
• source code;
• trade marks;
• trade names;
• slogans; and
• other materials

("Protected Material") are owned by or licensed to PureGlare and are protected by applicable intellectual property laws.

You may access and use the Website and its content for your personal use and for legitimate purposes connected with purchasing or considering Products from PureGlare.

You must not, without our prior written consent or as otherwise permitted by law:

• reproduce substantial portions of the Website;
• commercially exploit Website content;
• modify or adapt Website content;
• redistribute Website content;
• reproduce our branding or trade marks; or
• use Website content to create a competing commercial service.

All rights not expressly granted to you are reserved.

13. THIRD-PARTY WEBSITES AND LINKS

The Website may contain links to third-party websites.

These links are provided for convenience only.

PureGlare does not control third-party websites and is not responsible for their content, availability, security, privacy practices or accuracy.

The inclusion of a link does not necessarily constitute an endorsement or recommendation by PureGlare.

You access third-party websites at your own risk and should review the relevant third party's terms and privacy policy.

14. WEBSITE AVAILABILITY

We aim to keep the Website available and functioning properly, but we do not guarantee that the Website will always be available, uninterrupted or error-free.

The Website may occasionally be unavailable due to:

• maintenance;
• upgrades;
• technical problems;
• telecommunications failures;
• cybersecurity incidents;
• hosting issues; or
• circumstances outside our reasonable control.

We may modify, suspend or discontinue all or part of the Website or Service where reasonably necessary.

Nothing in this section limits any rights or remedies that cannot legally be excluded.

15. DISCLAIMER

To the maximum extent permitted by law, the Website and its content are provided on an "as available" basis.

We do not guarantee that:

• the Website will always be available;
• the Website will be free from errors or interruptions;
• defects will always be corrected immediately; or
• the Website will always be free from viruses or other harmful components.

However, we do not exclude, restrict or modify any statutory guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified.

Where you acquire goods or services as a consumer within the meaning of the Australian Consumer Law, your statutory rights and remedies continue to apply.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by law, PureGlare is not liable for loss or damage arising from your use of, or inability to use, the Website, including indirect or consequential loss.

This may include loss of profits, revenue, business opportunities, data or goodwill, where such loss may lawfully be excluded.

However, this limitation does not apply to liability that cannot lawfully be excluded, restricted or modified.

Nothing in these Terms excludes or limits liability arising from:

• fraud or fraudulent misrepresentation;
• any rights or remedies available under the Australian Consumer Law that cannot be excluded;
• personal injury or death caused by negligence where liability cannot lawfully be excluded; or
• any other liability that cannot legally be excluded or limited.

17. INDEMNITY

To the extent permitted by law, you agree to indemnify PureGlare and its directors, officers, employees and contractors against losses, liabilities, costs and expenses reasonably incurred as a result of:

• your material breach of these Terms;
• your unlawful use of the Website;
• your infringement of another person's intellectual property or other rights; or
• any User Content submitted by you that gives rise to a third-party claim.

This indemnity does not apply to the extent that the relevant loss was caused by PureGlare's own negligence, breach of law or other conduct for which PureGlare is responsible.

PureGlare may take control of the defence of a third-party claim to which this indemnity applies, and you agree to reasonably cooperate with us.

18. SUSPENSION AND TERMINATION

We may suspend or terminate your access to the Website or particular features of the Service where we reasonably believe that:

• you have breached these Terms;
• you have engaged in fraudulent or unlawful activity;
• your use presents a security risk;
• your use may damage the Website or our systems; or
• suspension or termination is otherwise reasonably necessary.

Where reasonably practicable, we may provide notice before suspending or terminating access.

We may also suspend or discontinue parts of the Service for operational, security, maintenance or business reasons.

Termination or suspension does not affect any rights or obligations that accrued before termination.

19. CHANGES TO THESE TERMS

We may update these Terms from time to time.

When we make material changes, we may publish the updated Terms on the Website and update the "Last updated" date.

Your continued use of the Website after updated Terms take effect constitutes acceptance of the updated Terms to the extent permitted by law.

If you do not agree to an updated version of these Terms, you should stop using the Website.

Changes will not retrospectively affect rights or obligations that have already accrued, unless permitted or required by law.

20. CHANGES TO THE SERVICE

We may modify, update, suspend or discontinue any part of the Website or Service from time to time.

We may make changes for operational, technical, security, legal or commercial reasons.

Where a change affects an existing order or contractual obligation, your rights under the applicable contract and Australian law will continue to apply.

21. NOTICES AND COMMUNICATIONS

We may communicate with you electronically, including by email, through your account or through notices displayed on the Website.

You agree that electronic communications may be used to communicate information relating to your use of the Website, orders, accounts and other services, subject to applicable law.

You are responsible for ensuring that your contact information remains accurate and current.

22. GOVERNING LAW

These Terms and your use of the Website are governed by the laws of New South Wales, Australia.

Subject to any rights that cannot legally be excluded, the parties submit to the courts of New South Wales and courts competent to hear appeals from them.

Nothing in these Terms prevents a consumer from exercising a right to commence proceedings in another jurisdiction where that right cannot lawfully be excluded.

23. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.

24. NO WAIVER

A failure or delay by PureGlare to exercise any right under these Terms does not constitute a waiver of that right.

Any waiver must be expressly given and does not constitute a waiver of any subsequent breach.

25. NO AGENCY OR PARTNERSHIP

Your use of the Website does not create any agency, partnership, joint venture, employment or other legal relationship between you and PureGlare unless expressly agreed in writing.

26. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Terms of Sale, Returns & Refund Policy, applicable warranty terms and any other terms expressly incorporated into the Website, constitute the agreement between you and PureGlare concerning your use of the Website.

If there is any inconsistency between these Terms and a mandatory provision of applicable law, the mandatory provision will prevail.

27. CONTACT

If you have any questions about these Terms or the Website, please contact us.