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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Returns Policy
- Item must be returned within 14 days
- Refund will be given as an exchange.
- We will exchange product if there is a manufacturing error with the product
- If you have chosen the wrong size, we will exchange the unused product with tags still attached providing that you send a prepaid satchel back with the product.
- Please email to arrange an exchange before sending anything back.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of BongTown. The collective work includes works that are licensed to BongTown. Copyright 2006-2007, BongTown ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BongTown or purchasing BongTown products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by BongTown. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of BongTown used in the site are trademarks or registered trademarks of BongTown.
Limitation of Liability
BongTown shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BongTown has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a BongTown product is mistakenly listed at an incorrect price, BongTown reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BongTown reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BongTown shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the shopping process. These terms and conditions, or any part of them, may be terminated by BongTown without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
BongTown may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to BongTown.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Queensland, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BongTown products) shall be in the state or federal courts located in Brisbane, Queensland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BongTown products) must be commenced within one (1) year after the claim or cause of action arises. BongTown's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BongTown may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BongTown or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Indemnification
You agree to indemnify, defend, and hold harmless BongTown, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable solicitors' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, BongTown may link to sites operated by third parties. However, even if the third party is affiliated with BongTown, BongTown has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BongTown. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BongTown seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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