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Terms Of Use

Welcome to Online Lighting. Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website (including any desktop and mobile versions of it) and the e-commerce transactions that may be made through Our website.

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right hand column in the table below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e. those in the left hand column in the table below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

Please see the Dictionary at clause ‎19 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.

Operative Provisions

Summary

1.
Acceptance and modification of these Terms of Use
1.1.
You may only access, browse and use Our Website (including any desktop and mobile versions of it) and purchase goods that We make available for purchase through Our website if You accept these Terms of Use. By accessing, browsing and/or using Our website, You will be deemed to have confirmed that You have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any of Our other terms and policies linked to from these Terms of Use (including Our Privacy Policy).
1.2.
We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use (including Our Privacy Policy) from time to time without notice.
1.3.
We will always upload the latest version of these Terms of Use to this webpage.
1.4.
If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.
1.5.
Your purchase of goods from Us is subject to the Australian Consumer Law if you are a "consumer" (as defined by the Australian Consumer Law). The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law. We do not exclude liability under the Australian Consumer Law or any other applicable law which is prohibited by law from being excluded.
By using Our website, You agree to Our Terms of Use.
We may change Our Terms of Use from time to time.
2.
Orders
2.1.
Our Website allows You to purchase goods from Us.
2.2.
The goods that we provide may vary slightly from the pictures and images of them on Our Website because the colour displayed on your computer, smartphone, tablet or other device monitor may be slightly different from the colour of the actual products that We sell.
2.3.
The prices for the goods that can be purchased through Our Website are set out on Our Website, include any applicable GST, and are subject to change from time to time without notice.
2.4.
Any orders that You place on Our Website are subject to Our approval and are an invitation to treat only. This means that if You place an Order, We will have no contractual obligation to deliver or allow You to collect the goods the subject of any Order until and unless We accept the Order in writing. Until We have provided you with that written confirmation, We can reject or cancel the Order at any time by written notice to You. You will know if We have accepted the Order if We send You an email that expressly states that We accept Your order. If We send You such an email, a contract will be deemed to have been formed between You and Us for Our provision of the goods the subject of the Order to You.
2.5.
If We do not accept Your Order, We will inform You accordingly by email and will not charge You for the goods the subject of the Order. If You have already paid Us for the Order and we reject or cancel the Order, We will promptly refund to You the amount that You paid.
2.6.
Sometimes we cannot accept an Order for goods that are out of stock or where We identify an error in the price or description of any goods.
2.7.
Once You place an Order on Our Website, We will assign an order number to You which uniquely identifies the Order. Please quote the order number whenever You contact Us about Your Order.
2.8.
We are not required to provide any goods to You until We receive full payment for them.
2.9.
Payment must be made for any Order placed by one of the payment methods specified on Our Website.
Our website includes e-commerce functionality that allows You to place orders through the website. Any orders are subject to Our approval.
3.
Payment Methods
3.1.
We accept payment online. We may also accept payment by EFT and cheque but these methods of payment are entirely at Our discretion.
3.2.
We utilise third party payment gateways provided by PayPal Australia Pty Ltd and Commonwealth Bank - CommWeb (the "Payment Gateways") to process payments made to Us via the Website.
3.3.
Each time You make a payment using a Payment Gateway You will be deemed to have acknowledged, understood and agreed:
(a)
that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b)
that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
(c)
that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements.
We don't control the payment gateway used on the website and we are not responsible for it or its security practices.
4.
Order changes
4.1.
If You would like to make a change to any Order that You have placed with Us through the Website, please contact Us. If You wish to make any change to an Order, We will let You know if We agree to make the change to the Order, and if so, any relevant change to the price, delivery dates and anything else which becomes necessary as a result of the change. We are not obliged to accept any request to change an Order.
Orders cannot be changed without our approval.
5.
Collection and delivery of goods
5.1.
Goods can be delivered to Your nominated address or collected from Our warehouse.
5.2.
Our delivery charges for the delivery of goods to You are as specified on Our Website (unless otherwise agreed in writing by Us).
5.3.
We deliver goods to customers in Australia using Australia Post's e-parcel service. Please contact Us if You would like Us to use an alternative postal delivery service. Overseas deliveries are carried out using Australia Post and other postal services. We also deliver using courier companies.
5.4.
Delivery information including shipping methods, shipping charges, dispatch times and delivery times is available on our Website at https://onlinelighting.com.au/delivery-information.html.
5.5.
For international deliveries, customers that require delivery overseas (in any country other than Australia) must pay applicable sales tax, duties and customs charges. Sales taxes, duties and customs charges vary by country. Duties, taxes and/or customs fees will be an additional amount that will be collected upon delivery of an applicable Order. Unfortunately, we are unable to provide you with the exact amount of duties, taxes and/or customs that will be charged for international deliveries. Your order confirmation details only the charges We are collecting. Contact your local government or visit your local Customs government website for specific details of duties, taxes and/or customs,
5.6.
Where You order goods to be delivered, You will be sent delivery tracking details after the items are dispatched by either Us or the delivery services provider.
5.7.
Where We accept an Order that You place on Our Website for any goods, We will use Our best endeavours to make the goods available for collection or arrange for the delivery of the goods the subject of the Order as soon as reasonably possible.
5.8.
You agree and acknowledge that:
(a)
if the goods, the subject of Your Order, are out of stock at the time You place an Order, Our Website will specify that the goods are out of stock and we will promptly notify You of the expected delivery date that Our suppliers notify Us of;
(b)
where possible, we will specify an anticipated date for the dispatch to You of the relevant goods the subject of Your Order and if the anticipated date for dispatch changes, We will notify You as soon as possible of the revised date;
(c)
if we are notified that the goods, the subject of Your Order, are out of stock after the time You place an Order, We will notify You as soon as possible of the estimated date the goods will be available that Our suppliers notify us of;
(d)
if We are unable to meet any applicable delivery or collection date that We notify You of, We will let You know as soon as possible and You may cancel the relevant part of Your Order and obtain a refund for the relevant amount for the goods being cancelled from your order.
5.9.
Orders for goods that You order for delivery on Our Website are delivered by third parties and may be subject to delays outside of Our control. If an Order for goods is not delivered to You within 30 days from the estimated delivery date that We advise, You may cancel the relevant part of Your Order and obtain a refund of the amount that You paid Us for the relevant goods the subject of the cancelled part of the Order.
5.10.
If You wish to avoid delivery charges by collecting Your Order from Us, You must confirm that You would like to collect Your Order from Our premises at the time that You submit Your Order. To collect Your Order from Our premises, You will need to bring a copy of the Order acceptance email to Us to confirm that You are authorised to collect the Order. Orders will only be available for collection after You have received notification from Us that the goods are ready for collection.
5.11.
You must inspect any goods that You collect from Us or that We deliver to You immediately upon collection/delivery.
(a)
Any damage must be reported to us within 5 business days from date of delivery; and
(b)
Notification of any damage later than the period specified in 5.11 (a) will be entirely at Our discretion and decided by Us on a case by case basis.
5.12.
If You have specified on an Order that You wish to collect goods from Us, You must collect the goods from Us within 2 months from the date that We notify You that the goods are available for collection. You agree that:
(a)
We are not responsible for any goods held beyond that 2 month period; and
(b)
unless otherwise agreed in writing by Us, We may deem and classify any goods that are not so collected within that 2 month period to be abandoned and in any such case We may dispose of those goods or sell them to any third party in our absolute discretion.
5.13.
If You have any questions or complaints about any goods the subject of an Order, please contact Us by telephone at 1300 791 345, send Us an email to info@onlinelighting.com.au or write to Us at 348 Military Road Cremorne NSW 2090 Australia.
We use third parties to deliver Our orders. We aim to have all orders delivered within 30 days. Most orders are delivered more quickly. If You don't receive Your order, please contact Us and we'll chase it up.
6.
Cancellation, Replacement and Returns Policy
6.1.
This clause 6 does not limit Your rights under the Australian Consumer Law, including any Non-Excludable Guarantees implied into Our contractual relationship with You (see clause 8). We will permit cancellation of orders and provide refunds or replacements where We are obligated to do so under the Australian Consumer Law.
6.2.
This clause 6 sets out Our voluntary policy on when goods that You order from Us that are delivered to You or that You collect from Us can be returned for a full refund or a replacement.
6.3.
We will provide replacement goods or a full refund in the following circumstances:
(a)
if goods that We agree to deliver to You or make available for collection by You are not available within a reasonable time after the expected delivery date or the date We estimate the goods will be available for collection;
(b)
if goods that We deliver to You or that You collect from Us are damaged, defective or faulty upon delivery or collection or within 12 months thereafter;
(c)
if goods that We deliver to You or that You collect from Us do not match any samples or descriptions provided;
(d)
if goods that We deliver to You or that You collect from Us are not fit for the purpose for which they were advertised on Our Website, upon delivery or collection;
(e)
if goods that We deliver to You or that You collect from Us are not new.
6.4.
In each of those circumstances set out in paragraphs 6.3(a) - 6.3(e), We will make the refund or issue a replacement once We establish that the applicable circumstances exist and You return the relevant goods to Us. We will promptly make any such refund into Your nominated Australian bank account or promptly provide You with a replacement. So that We can evaluate whether those circumstances exist which warrant a refund or replacement, You must return the original goods to Us at Our nominated address.
6.5.
We will cover all of Your reasonable expenses of obtaining a refund or replacement where the circumstances set out in paragraphs 6.3(a) - 6.3(e) exist, including Your costs of returning the original supplied goods to Us, but only where You contact Us in advance and We agree to the cost and method of transport. Where You propose to return goods to Us in the circumstances set out in paragraphs 6.3(a) - 6.3(e) using a method of transport that We do not approve, We may choose to collect the goods from You using an alternative method of transport at Our cost.
6.6.
If a product is out of stock when You place an Order for it, We will notify you as soon as possible once We can provide an estimated date by which the product is available for collection or delivery. We will provide a full refund if the estimated date given to You after the Order is placed is not suitable to You. However, to obtain that refund, You must cancel Your order at least 1 week before the estimated date for delivery/collection that We advise. If You cancel Your order within 1 week before that estimated date, You must pay Us a 15% restocking fee before obtaining Your refund.
6.7.
If You wish to obtain a refund of an item due to a change of mind at any time, You will incur a 15% restocking fee for the item/s the subject of the refund. We need to charge a restocking fee to allow for the additional time and work involved in arranging the refund and to compensate Us for all of the work involved in supplying and selling and making the goods available to You in the first place. Where You request a refund due to change in mind, Your request for a refund must be made within 28 days from the date of derlivery or collection of the item and We will inspect the item and only provide the refund where Our inspection of the item confirms that the item is in the original supplied packaging and its original unused condition. To be eligible for a refund due to a change of mind, You must also provide Us with Your receipt of the item as proof of purchase. Items without a receipt will not be refunded.
6.8.
If You wish to refund or replace an item that is a sale, clearance, made to order, special order or custom made item, due to a change of mind, the refund or replacement will be entirely at Our discretion and decided by Us on a case by case basis.
6.9.
Restocking fees are non-refundable.
We offer full refunds for goods where we are required to do so by the Australian Consumer Law. We also offer refunds for change of mind in certain circumstances.
Restocking fees are applicable for change of mind and If You wish to obtain a refund or replace an item that is a sale, clearance, custom made, made to order or Special Order item, due to a change of mind, the refund or replacement will be entirely at Our discretion and decided by Us on a case by case basis.
7.
Exchange Policy
7.1.
This clause 7 sets out Our voluntary policy on when goods that are delivered to You or collected by You from Us that You order from Us can be exchanged for other goods. This clause 7 does not limit Your rights under the Australian Consumer Law, including any Non-Excludable Guarantees implied into Our contractual relationship with You (see clause 8). We will permit replacement of goods where We are obligated to do so under the Australian Consumer Law.
7.2.
If You wish to exchange an item due to a change of mind, the item can only be exchanged for an item of equal or greater value and Your request for an exchange must be made within 2 months of the purchase date of the item. We will, upon receipt, inspect the item and decide whether we agree to exchange the item. To be eligible for an exchange, You must provide us with Your receipt of the original item as proof of purchase as items without a receipt will not be exchanged for a change of mind. In addition, to obtain an exchange due to a change of mind, the relevant items must be delivered to Us by You at Your cost and be in their original packaging and in original unused condition.
7.3.
If You wish to exchange an item that is custom made, made to order or special order due to a change of mind, the exchange is entirely at Our discretion and will be decided on a case by case basis. Please note that we are not able to exchange sale or clearance items due to a change in mind.
We offer replacement goods where we are required to do so by the Australian Consumer Law. We also offer exchanges for change of mind in certain circumstances.
8.
Warranties - Australian Consumer Law
8.1.
Any goods supplied by Us through the Website may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods within the meaning of that term pursuant to the Australian Consumer Law as amended.
8.2.
Where You are a 'consumer' for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
8.3.
If any goods supplied by Us to You through the Website are supplied to You in Your capacity as a 'consumer' within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods, where it is fair and reasonable to do so, at Our option, to one or more of the following:
(a)
if the breach relates to goods:
(i)
the replacement of the goods or the supply of equivalent goods;
(ii)
the repair of such goods;
(iii)
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv)
the payment of the cost of having the goods repaired; and
(a)
if the breach relates to services:
(i)
the supplying of the services again; or
(ii)
the payment of the cost of having the services supplied again.
8.4.
Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods to which the warranty relates.
8.5.
Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.
8.6.
If any goods that We supply to You come with a manufacturer's warranty, the manufacturer's warranty is in addition to any rights and remedies that You may otherwise have, including with respect to any Non-Excludable Guarantees.
You have rights under the Australian Consumer Law that may govern Our commercial relationship with You.
9.
Availability of Website
9.1.
We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
9.2.
You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.
Our website might go offline from time to time.
10.
Website usage restrictions
10.1.
You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:
(a)
copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
(b)
do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c)
use the Website in any way that infringes Our rights or the rights of any third party;
(d)
use the Website to create any product or service that competes with the Website; or
(e)
take any steps to circumvent any technological protection measure or security measures in the Website.
10.2.
You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
10.3.
You must not use the Website or any part of the Website in breach of these Terms of Use.
We own the website and all IP in the website. You cannot infringe Our IP rights. You must comply with all applicable laws.
11.
Acceptable Use Policy
11.1.
You agree that:
(a)
using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
(b)
using the Website in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
(c)
using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited by these Terms of Use;
(d)
introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
(e)
using the Website to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(f)
using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
(g)
using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
(h)
using the Website to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
(i)
using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Website is strictly prohibited by these Terms of Use;
(j)
sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;
(k)
using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
(l)
use of the Website in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use.
You cannot use the website for any illegal purpose or to violate any person's legal rights.
12.
Intellectual Property Rights
12.1.
You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
12.2.
As between You and Us, We own all Intellectual Property Rights in the Website.
12.3.
You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.
12.4.
You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
12.5.
You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
12.6.
You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.
We own the website and all IP in the website. We also own all improvement suggestions that You make regarding the website.
13.
Responsibility for other users
13.1.
We do not accept responsibility for the conduct of any users of Our Website.
13.2.
If You believe that another user of Our Website has breached these Terms of Use please contact Us.
13.3.
Any dispute You have with another user of Our Website is between You and the other user.
We cannot be held responsible for the conduct of Our users.
14.
Hyperlinks
14.1.
We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
We are not responsible for third party sites.
15.
Liability
15.1.
The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
15.2.
To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
15.3.
To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to the price that You pay to Us for the relevant goods.
15.4.
Nothing in this clause 15 limits Our liability to the extent that it cannot be limited by applicable law.
Our liability is limited in many ways.
16.
Termination
16.1.
We may terminate these Terms of Use and Your access to the Website or any part of it at any time without notice.
16.2.
We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice.
16.3.
Termination of these Terms of Use and access to the Website does not affect any accrued rights of either You or Us.
You and We can terminate Your access to the website under certain conditions.
17.
Notices
17.1.
Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
17.2.
You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://onlinelighting.com.au/contact-us.html or by sending an email to Us at info@onlinelighting.com.au or by writing to Us at 348 Military Road Cremorne NSW 2090.
17.3.
Any notice issued by hand shall be deemed delivered upon delivery.
17.4.
Any notice issued by post shall be deemed delivered 5 Business Days after posting if posted domestically, or 20 Business Days after posting if posted internationally.
17.5.
Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
17.6.
We may send You email or other electronic messages concerning the Website from time to time.
Notices between You and Us are deemed to be delivered at different times, depending on how and when they are sent.
18.
General
18.1.
Amendment: These Terms of Use may be amended by Us at any time.
We can change these Terms of Use at any time.
18.2.
Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license or novate Our rights or obligations under these Terms of Use at any time in connection with the sale or potential sale of Our business.
You cannot transfer Your rights under these Terms of Use unless we approve the transfer. We can transfer Our right and obligations at any time.
18.3.
Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
If part of these Terms of Use are not legally binding, the rest still are.
18.4.
Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
We are not partners, employers or employees of one another.
18.5.
Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
These Terms of Use set out Our entire agreement with You.
18.6.
Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales.
Any legal action will be commenced in New South Wales.
18.7.
Australian Standards: Unless otherwise specified the wiring & assembly of all electrical goods listed on our website are to Australian standards. For international orders it is the responsibility of the customers to ensure any ordered electrical goods are suitable and compatible within their country.
All electrical goods are to Australian Standards.
19.
Dictionary and Interpretation provisions
19.1.
Definitions
In these Terms of Use:
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday - Friday excluding public holidays in New South Wales.
Business Hours means 9:00am - 5:00pm on Business Days.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.
Order means an order for goods placed by You on Our Website.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Privacy Policy means Our Privacy Policy located at https://onlinelighting.com.au/privacy.
Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.
We, Our and Us means Online Lighting Pty Ltd [ABN 12 121 817 712] of 348 Military Road Cremorne NSW 2090.
Website means the Online Lighting website owned and/or provided by Us, the homepage URL of which is https://onlinelighting.com.au/ and also includes any content, images, text and other information appearing on any page or screen of that website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.
You and Your means You, the person who accesses the Website for any reason.

19.2.
Interpretation
In these Terms of Use:
(a)
Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
(b)
A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
(c)
Currency refers to Australian dollars unless expressly specified otherwise.
(d)
A reference to a statute or regulation includes amendments thereto.
(e)
A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
(f)
A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g)
A reference to time is to time in New South Wales.
(h)
A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i)
The words "includes", "including" and similar expressions are not words of limitation.
Capitalised terms are defined in this clause.