This website eagle.direct and all content, trade marks and its related services, products, websites, tools and applications (Website) is owned and operated by Eagle Direct Pty Ltd ABN 81 627 942 116 (our, us, we). By accessing and using our Website you agree to comply with the following terms and conditions (Terms and Conditions). We may update our Terms and Conditions from time to time without notice to you. Each time you use our Website you should revisit these Terms and Conditions and your continued use of the Website constitutes your acceptance of them.
1. Using our website
We provide our Website to facilitate the supply of our products, to help us connect with you and to provide general information and relevant content that you may be interested in. You must not use the Website for any purpose other than its intended purpose, and you must not harm our Website in any way. When using the Website you must not act fraudulently, or provide us with false, inaccurate, infringing or misleading information. Parts of our Website may allow you to comment or submit your content, and in doing so you must not post anything that is inflammatory, racist, abusive, harassing, obscene, sexually explicit or that violates any Australian law or the rights of any person.
Where you use our Website to browse our products, and/or place an order our Online Shop Terms and Conditions will apply to you.
Content on our Website is provided solely for your reference purposes. We include information for your convenience as a general summary of matters current at the time of posting that may interest you. The contents do not constitute medical and/or financial and/or legal professional advice and are not intended to be a substitute for medical and/or professional advice and should not be relied upon as such. We make no warranties that the information published by us is correct. You should seek professional advice in relation to any matters that you have.
The information you provide us and your use of the Website must not:
- create liability for us;
- infringe any third party’s privacy rights;
- infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
- violate any applicable laws (including those governing privacy, consumer protection, unfair competition, criminal law, racism or antidiscrimination or trade practices law); or
- be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing.
If you provide us with any feedback, ideas, modifications, suggestions, improvements or other content you agree that we may, at any time, without restrictions exploit, copy, republish, edit, or otherwise use such content on any medium worldwide (including on the internet). We will not be required to pay you any compensation for such content (regardless of our use). We have no obligation to review any content or otherwise remove any content that may be unlawful, offensive, threatening, defamatory or obscene.
Any reviews submitted to us will be our property on and from its creation and we will be able to deal with it unrestricted. Without limiting this right, we may remove any review, and use any review on our Website or on any medium online worldwide (including social platforms) at our discretion (regardless of the content). To the extent necessary you must assign all rights, title and interest in such reviews as required by this clause.
Your use of this Website is by personal, non-exclusive licence granted by us strictly in accordance with these Terms and Conditions. This Website is only available to, and may only be used by, persons who can form legally binding contracts under applicable laws. If you do not qualify, you must not use the Website.
2. Intellectual property
We remain the owner of the Website and all intellectual property rights associated with the Website (including without limitation trade marks, logos, names, designs, content, videos, logos, images and source code) and any improvements or modifications to such intellectual property. We ask that you do not copy, reproduce or modify any of our Website for any purpose except where we give you our prior written consent or sharing is otherwise permitted (as noted below).
We are not responsible for any loss that may occur from you submitting your information to us.
3. Your account
We may require you to set up an account with a username and password to gain access to parts of the Website. If we do, you will be responsible for keeping the combination of these details confidential and any actions that occur through your account (whether directly or indirectly) you are responsible for.
If we permit you to connect to the Website using a third-party service (e.g. Facebook or Google+), you grant us permission to access, store, and use the information from that service as permitted by that service.
4. Access and termination
We reserve the right, at any time and without prior notice, to remove or disable your access to the Website or any part of it, including your Account, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.
These Terms and Conditions will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.
We may make content available for you to share on the Website. Where such content is made available, you must ensure that such sharing is properly credited to us including a link back to us, and comply with any other instructions we may specify. Your licence to share such content is by revocable and limited right. Where you share our content, you do so at your own risk. We will not be liable in any respects for any content that you share.
Our Website may contain links to or from other third-party websites which we have no control over. We are not responsible for the content or use of these other websites (including any virus, or disturbing or harmful content) and you access them at your own risk.
You acknowledge and agree that by utilising any third-party services through our Website (such as PayPal or any other payment provider) you are bound by the terms and conditions of that third party.
You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as PayPal) terms and conditions when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms. We are not party to any transaction between you and a third party. For example, if you incur a debt to a third party payment provider in connection with a purchase through the Website, you are solely liable for that debt and you acknowledge that we are unrelated to, and have no control over that third party payment provider.
In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
7. Liability and indemnity
Although our content has been drafted with due care and diligence, our Website and our content is provided “as is” and we make no representations and give no warranties or guarantees as to the suitability, accuracy or quality of the Website. We do not guarantee that the Website will be free from errors or defects, or that the Website will be accessible at all times.
Your use of the Website is at your own risk and to the extent permitted by law, we exclude all liability of any kind, however arising, including any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Website. Our total liability is limited to $1, however where we cannot limit our liability to $1 by law then our liability will be limited to the cost of re-supply of the relevant services (being the provision of the Website to you), or refunding the amount paid by you to us in connection with the services (if any).
You agree to indemnify and release us and our related entities from and against all losses (as before mentioned) which we may incur in respect of any negligence, misuse of the Website, other act or omission, or any breach of these Terms and Conditions by you.
8. Security & access
You are solely responsible for any information that you transmit to us. Whilst we use reasonable endeavours to maintain the security of the Website to Australian standards, we do not guarantee the security of the Website, our records, or any information you submit to us. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with such connection/access.
Where we use social media pages or groups run by us, such pages will only be used to advertise our products and services and to facilitate community interaction. Such terms found herein as they relate to providing information will apply to your use of our social media pages or groups.
11. Applicable law
These Terms and Conditions, and your use of our Website are governed by the laws of New South Wales, Australia and you agree to submit to the jurisdiction of the Courts of the State of New South Wales, Australia and Courts competent to hear appeals.
Unless the context requires otherwise, the following words and phrases in these Terms and Conditions shall have the following meanings:
Website means eagle.direct including all content, trade marks, and related services, products, websites, tools and applications;
you means the person or entity that accesses the Website and your has a corresponding meaning.
Online Shop Terms and Conditions
The website eagle.direct and its related services, products, websites, tools and applications (each referred to as the Website) is owned and operated by Eagle Direct Pty Ltd ABN 81 627 942 116 (Eagle Direct).
By using the Website or by purchasing any Products you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website or purchase any Products.
These Terms and Conditions may be updated by us from time to time. The Terms and Conditions that will apply to you will be the then current version at the time you use the Website and place your order. Each time you use our Website you should revisit these Terms and Conditions.
1. Definitions & Interpretation
In these Terms and Conditions unless inconsistent with the context or subject matter the following terms have the corresponding meanings:
(a) Account: an account on the Website.
(b) Applicable Laws: any Applicable Laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services.
(c) Australian Consumer Law: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
(d) GST: the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).
(e) Loss: any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
(f) our, us and we: Eagle Direct.
(h) Products: has the meaning given to it under clause 2.1 and includes any other products offered for sale on the Website from time to time.
(i) Services: any services we provide to you, including the Website and the sale of Products and any Content.
(j) State: New South Wales, Australia.
(k) User: means any person who uses the Website.
(l) you and your: means a User.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) Headings and subheadings are for convenience only and do not affect the interpretation of these Terms and Conditions.
(b) References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, these Terms and Conditions.
(c) References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
(d) Words denoting the singular include the plural and words denoting the plural include the singular. Words denoting any gender include all genders.
(e) The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
(f) A reference to any agreement or document (including these Terms and Conditions) includes any amendments to or replacements of that document.
(g) A reference to a law includes legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
(h) Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally and is for the benefit of them jointly and each of them severally.
(i) No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms and Conditions.
(j) A reference to time or day is a reference to time in the capital city of the State.
(k) A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.
(l) Specifying anything in these Terms and Conditions after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
(m) A reference to writing or written includes email.
2. Using the Website
2.1 Eagle Direct supplies products made available through the Website (the Products).
2.2 Your use of this Website is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions.
2.3 You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
3. Your Account
3.1 In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
3.3 When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Website in our absolute discretion.
4. Placing an Order for Products
4.1 You may place an order for Products by following the prompts on the Website and submitting your order to us in accordance with these Terms and Conditions. These Terms and Conditions do not apply to purchases of the Products other than on the Website. For purchases outside of the Website please refer to the terms contained in your sale contract (or as otherwise advised by us).
4.2 Any order placed through the Website for Products is an offer by you to purchase the Products for the purchase price specified on the Website at the time you placed the order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Products ordered, subject to any limitations shown on the Website.
4.3 All orders placed are subject to availability. Our rights to cancel your order are set out under clause 7. You may not cancel your order once it is placed other than as expressly provided for in these Terms and Conditions. We may in our sole discretion, limit or cancel quantities purchased per person, per household or per order (including those placed without limitation by the same customer account, same credit card, or same billing and/or shipping address).
4.4 In the event that you purchase a Product on behalf of a third party, you represent and warrant that you have made that third party aware of these Terms and Conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these Terms and Conditions.
4.5 The purchase price for the Products will be displayed on the Website at the time you place an order. Prices and all other details for our Products are subject to change without notice.
4.6 You must make payment via a method accepted by us as stated on the Website. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Products at the time you place your order, except where otherwise agreed. Any payments for an order of Products must be received in cleared funds before the Products will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected, and you will be notified by the Website.
4.7 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
4.8 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.
4.9 Prices shown on the Website are in Australian Dollars (AUD) and include GST, unless otherwise stated.
4.10 All payments must be made in clear funds without set-off or counter claim.
4.11 You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as PayPal) terms and conditions when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
4.12 We are not party to any transaction between you and a third party. For example, if you incur a debt to a third party payment provider in connection with a purchase through the Website, you are solely liable for that debt and you acknowledge that we are unrelated to, and have no control over that third party payment provider.
4.13 Each order placed by you will be a separate and binding agreement between you and us in respect of the supply of the Products.
5. Shipping and Delivery of Products
5.1 Costs of Delivery
(a) Available delivery options, terms and charges for each Product will be shown on the relevant checkout page at the time you place your order. The option selected by you and the applicable costs of delivery and estimated delivery times will be shown in your checkout summary at the time you place your order. Payment of delivery costs is due at the time you place an order.
5.2 Delivery of Products
(a) Once we have accepted your order and received valid payment in full for the Products and delivery costs (where applicable) we will endeavour to process your order within the timeframes as specified on the Website however we are unable to guarantee delivery within these timeframes.
(b) Please note that all shipping times listed on the Website are an estimated time of delivery only and to the extent permitted by law, we are not responsible for any delays experienced or Loss suffered as a result of delays.
(c) Shipping will be provided by our nominated third party delivery service provider.
(d) You must ensure there is clear and safe access for delivery. If the delivery service provider arrives at the agreed time but is unable to deliver the Product or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery.
(e) If you provide us with authority to leave the Products, then your order will be left unattended at the delivery address you nominate at checkout. In doing so we will not be held liable for any loss or damage that is suffered to your Products as a result.
(f) If you do not provide us with authority to leave then if you are not available to take delivery of the Products, or if another issue arises we may at our discretion either take your Products to a delivery service provider’s local depot or redeliver the Products to your delivery address at a later date (in which case you must pay the costs of return, storage and redelivery prior to the Products being re-delivered).
5.3 Additional Information
(a) We deliver to most residential and business addresses within Australia, however unfortunately there are certain areas that we are unable to deliver to. Please review the Website at the time you place your order for available shipping locations.
(b) If there is any delay with the delivery of your order, then we will contact you as soon as possible.
5.4 Risk and Title
(a) All fully paid orders will be shipped by the postage carrier nominated by us. Until an order is paid for in full, title in the relevant Product remains with us.
(b) All risk in the Products ordered will pass to you at the time the Products are collected either by our nominated delivery service provider (where delivery is selected) or by you (where you click and collect). You are solely responsible for ensuring that the Products are adequately insured from collection and during the transit of the Products to the delivery address. Where we provide you with the option for insurance on the Website, such insurance is provided by a third party. In all cases we will not be responsible for any damage or Loss that incurs from collection and during the transit of the Products to the delivery address.
6. Promotions and Discounts
6.1 From time to time we may provide you with a promotional or coupon code for use when placing an order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code and will be advised by us.
7.1 Our Cancellation Rights
We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason in our absolute discretion, including after you have placed the order and received a confirmation email and/or invoice or we have previously accepted such order. We may cancel your order for example, in the following circumstances (without limitation):
(a) if the Products are not available;
(b) you place an order to be delivered outside our delivery zones; or
(c) where there is an error in the description or price of any Products on the Website relevant to your order.
If we do cancel your order, we may do so without any liability to you for that cancellation except as set out in this clause. Where we cancel your order, we will endeavour to notify you and provide you a refund of all payments made for such order.
7.2 Your Cancellation Rights
You may not cancel any order unless otherwise agreed by us in writing.
8. Returns and Refund Policy
8.1 Consumer Guarantees
Our Products 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
8.2 Change of Mind Returns
Subject to the other terms of this clause, if you purchase a Product from us, and you wish to return it because you have changed your mind about the purchase, we are pleased to offer you a full refund on such Product provided that:
(a) you contact us via the Website within 14 days of the date of purchase;
(b) you present to us your receipt or other adequate proof of purchase; and
(c) the item is in re-saleable condition, including its original packaging (if any) and is unused and as sold.
Provided you comply with the above, we will provide you with a return authorisation number and you will be responsible for arranging the return shipping (instructions will be provided by us) and any associated return shipping costs. It is your responsibility to package the item sufficiently to avoid damage in transit back to us. We encourage customers to photograph the items scheduled for return and the condition of the packaging before handing over to the delivery company.
8.3 Faulty Products Returned
(a) Without limiting our rights, we will provide our own remedies (set out below) which are equivalent to those remedies in the consumer guarantee provisions of the Australian Consumer Law where:
(i) the Products are either:
A. faulty or not of acceptable quality; or
B. not fit for their intended purpose; or
C. do not match the sample or our description; and
(ii) you can present to us your receipt or other adequate proof of purchase;
(iii) you have complied with the notification and inspection requirements set out under clause 8.4;
(iv) the Products are returned to us in accordance with clause 8.5; and
(v) the Products are assessed by us as being faulty in accordance with clause 8.6.
(b) This warranty against defects is in addition to any rights you may have under the Australian Consumer Law.
8.4 Notification and Inspection
(a) You must inspect all Products immediately on receipt of the Products and before use.
(b) You may reject any Products as faulty provided that you give us notice of such fault including information of your Products and the fault:
(i) in the case of a fault that is apparent on normal visual inspection, within 24 hours of receipt or before use (whichever is first); or
(ii) in the case of a latent defect (being a defect that is not apparent on an initial visual inspection), within a reasonable time of the latent defect having become apparent and within an acceptable period as required by the Australian Consumer Law unless some other time is described on the Product listing on the Website.
(c) You must do all that is reasonable to prevent the Products from becoming faulty or mitigate any further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.
(d) We may require that you provide us with proof of the fault including by way of photographic or video evidence before you send it to us. In providing this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the fault (such as the manufacturer or third party service providers).
8.5 How to Return Products
(a) Once we have received the information about the fault and consider it likely that there may be a fault in the Products, we will provide you with instructions on how to send the Products back to us. Please note that we reserve the right to assess the Products before providing a replacement or refund in accordance with clause 8.6.
(b) In sending the Products back to us:
(i) ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods;
(ii) ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
(iii) certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Product is faulty, we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
(iv) you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited.
8.6 Products Being Assessed
(a) We reserve the right to assess the condition and age of the Products before providing a replacement or refund. We will not be liable for or required to accept any return for any fault or damage where such fault or damage is caused or partly caused by or arises as a result of:
(i) your acts or omissions, including where you fail to take reasonable steps to prevent them from becoming defective or you fail to follow our instructions or standard practice for products the same as or similar to the Products;
(ii) you altering or repairing the Products without our written consent;
(iii) continued use after discovering fault; or
(iv) wilful damage, negligence or abnormal use or storage or working conditions.
(b) For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take several weeks to complete this process.
(c) If there is a minor fault and the Products can be repaired, we will repair it for you or refund the purchase price, at our discretion.
(d) If there is a major fault, you may choose to receive a refund, replacement or repair.
(e) In the event that we do not find a fault in the Products, the replacement or refund will be refused, and the Products will be returned to you at your cost.
(f) In the event that you fail to comply with any of your obligations set out under this clause, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion (acting reasonably).
(a) The warranty noted under this clause is provided to the original purchaser only and is non-transferrable.
(b) Any refunds provided under this clause will be issued to the same payment method which was used for the purchase and will be processed within 3 weeks of confirmation that the conditions of refund have been met.
9. Accuracy of information
9.1 You agree to provide current, complete and accurate billing and contact information for all purchases made on the Website.
10. Access and Termination
10.1 We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it for any reason.
11. Prohibited Use
11.1 Your use of the Website, and your information, must not:
(a) be false, inaccurate, misleading, fraudulent, deceptive or unlawful;
(b) be in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of this Website;
(c) infringe any third party’s rights or violate any Applicable Laws;
(d) contain any viruses or similar which could affect the integrity, operation or security of this Website;
(e) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other users or other suppliers;
(f) damage the credibility or integrity of the Website or Eagle Direct, or dilute, tarnish, or otherwise harm our brand in any way;
(g) breach or violate any of our policies;
(h) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;
(i) use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Eagle Direct endorsement, partnership or otherwise misleads others as to your affiliation with Eagle Direct;
(j) attempt to circumvent payment of any fees in anyway; or
(k) circumvent, disable or otherwise attempt to interfere with any security related features.
12.1 Except to the extent expressly set out in these Terms and Conditions and to the maximum extent permitted by law, we provide the Products on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory.
12.2 Without limiting the other terms of this clause, you acknowledge and agree that:
(a) although reasonable care has been taken to provide accurate information, any content provided on the Website is intended for general guidance only and neither the content or any of the Products are intended to be advice and should not be treated that way;
(b) you must use the Products with common sense, do not consume or put the Products in places they are not intended. Always use caution when using the Products. You should read all instructions and manuals provided with the Products prior to use. Use of the Products is at your own risk;
(c) all data, information, figures and statistics of the material properties and characteristics of the Products (including those stated on the Products) are indicative only and provided without implied warranty of any kind (except as set out in these Terms and Conditions). Such information is provided for general guidance and should not be considered binding specifications. The material properties and characteristics of the Products may vary from Product to Product and from your individual use of the Product (such as differing environments and use);
(d) the Products are intended to be used, stored and maintained in accordance with our instructions or user manual provided for each Product. We are not responsible for any problems that occur due to misuse of our Products;
(e) all images and videos of Products displayed on the Website are for illustrative purposes only and the actual Products may differ from those images (including colours, sizing and texture);
(f) any accessory featured with the Products may be sold separately (unless otherwise stated);
(g) we do not guarantee any results from your use of the Products; and
(h) we are not responsible for any information made available on this Website, and we do not represent or warrant the accuracy of any information. Eagle Direct does not promise that the Website or any content will be error-free or uninterrupted, or that your use of the Website or any Products will provide any specific results. You assume total responsibility for your use of the Website and Products.
13. Limitation of Liability
13.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
13.2 Without limiting clause 13.1, you acknowledge and agree that we will not be liable for any death, personal injury or damage to property arising out of or in connection with your use of the Products.
13.3 Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual amounts paid by you in respect of the relevant Product which caused the Loss, damage or injury.
13.4 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods, to the extent that the Australian Consumer Law applies to the Products.
13.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
13.6 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
13.7 Without limitation to the other terms in these Terms and Conditions, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
13.8 Notwithstanding anything else in these Terms and Conditions, our liability will be reduced to the extent the Loss or damage is caused by or contributed to by you.
13.9 Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:
(a) use your best endeavours to recover that sum before making the claim;
(b) keep us at all times fully and promptly informed of the conduct of such recovery; and
(c) reduce the amount of the claim to the extent that sums are recovered.
13.10 We will not be liable for any claim under or in relation to or arising out of these Terms and Conditions including a breach of any warranty unless:
(a) you have first made a claim under any insurance policy held by you that may cover that claim; and
(b) that claim has been denied in whole or partly by the relevant insurer.
13.11 If you recover any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms and Conditions and that amount is less than the loss or damage incurred by you, the amount of the shortfall will be the amount of your loss for the purposes of these Terms and Conditions.
14.1 Except to the extent caused or contributed to by our breach of these Terms and Conditions, you agree to indemnify us against, and hold us harmless from, any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your breach or negligent performance or non-performance of these Terms and Conditions or any policy or the terms and policies they incorporate by reference;
(b) the enforcement of these Terms and Conditions;
(c) any claim made against us by a third party arising out of your use of the Products;
(d) any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the Products, to the extent that such damage is attributable to your acts or omission (or failure to follow our instructions); or
(e) your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of our Services (including the sale of the Products).
14.2 You must make payments under this clause:
(a) immediately on demand, in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and
(b) in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.
14.3 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
14.4 The indemnities in this clause:
(a) are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
15. Intellectual Property rights
15.1 You acknowledge that we own all right, title and interest in and to the Website and the Products including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.
15.3 You agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any of our intellectual property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
(b) we own all right, title and interest in and to the Website and no right, title or interest is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(c) if you add any information to the Website of any nature whatsoever that information is personally attributable to you and you warrant that you have the right to distribute that information;
(d) you acknowledge that when you provide us with information, we may receive additional related data, such as the time, date and place you provided the Information; and
(e) we are not liable or responsible for any Loss that you may experience in submitting information to us or for our use of your information in accordance with the licence granted.
15.4 We may in our sole and absolute discretion refuse or remove any information from the Website.
16.2 By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
16.3 You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any Products requested by you.
17. General Terms
17.1 These Terms and Conditions are governed by the laws of the State, and the parties submit to the jurisdiction of the Courts of the State and relevant federal/Commonwealth courts competent to hear appears from them.
17.2 If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
17.3 You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.
1. Types of Personal Information we collect
As part of delivering our Services we may collect personal information about you as defined under the Privacy Act 1998 (“Privacy Act”). We will only collect personal information where it is reasonably necessary for the performance of our functions or activities. The personal information we collect may include the following:
- Account information: this includes information that we collect when you register to use our Website by creating an Account. The information we collect includes your name, email address, and other contact details and any other information you directly give us at the registration stage.
- User information: this includes information that you have provided to us when using the Website. The information we collect includes customer level data (such as your billing address, delivery address and telephone number), order level data (such as order numbers and products) and any other additional information you provide to us directly or indirectly through your use of the Website. We use such information to assist in providing our services to you (including the supply of Products).
- Profile information: this includes any information you choose to store on the Website that will assist us in delivering our services to you and includes information regarding any subscriptions.
- Financial information: this includes information such as payment card details and bank account details. We use this information to send to our third party payment gateways when you make payment through the Website.
- Website use information: When you use our Website, for example when you contact us, we collect information that enables the Website to be able to run.
- Marketing use information: this includes information provided to us using a marketing or newsletter sign up form.
- Surveys: information in connection with client surveys, questionnaires and promotions.
- Other information we collect related to your use of the Website: your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information and any other information provided by you to us via our Website or our online presence, or otherwise required by us or provided by you.
2. How we collect Personal Information
We may collect personal information either directly from you, or from third parties, including where:
- you register or sign up to the Website;
- you use the Website to enter in user content including when you purchase Products and checkout on the Website;
- you use the Website generally;
- you subscribe to any of our newsletters;
- you contact us through our Website, in person, by phone or in writing;
- you submit any of our online sign up forms;
- you deal with us generally via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
- you interact with our Website, social applications, services, content and advertising; and
- you invest in our business or enquire as to a potential purchase of our business.
Where we collect your personal information from a third party, we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Social media and cookies
We may also collect personal information from you when you use or access our Services or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your Services usage. Please review our Cookies Policy for more information on how we handle and deal with cookies.
3. Use of your Personal Information
We collect and use personal information for the following purposes:
- to operate the Website and provide services or information to you including to:
- assist in streaming and personalising information for you;
- enable us to process your orders for Products;
- enable us to process your personal data;
- to manage our relationship with you, including information about similar products or terms and conditions or send you an email reminder that a task you have performed on our Website remains uncompleted such an incomplete form or cart;
- enable you to communicate with us regarding your use of the Website;
- confirm your identity;
- to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the services to you;
- communicate with you about your Account, or any transaction;
- to be de-identified for the purposes of generating statistical data and improving the Website;
- for record keeping and administrative purposes, including accounting purposes;
- to improve and optimise our service offering and customer experience;
- to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
- to administer and protect our services;
- to enable you to take part in a competition;
- to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act 2003 (Cth)). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
- to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
- to consider an application of employment from you.
4. Disclosure of your Personal Information
We may disclose your personal information to our employees, service providers who assist us to provide the Services to you such as providers of website development services, postal and shipping agents, information technology service providers, contractors, third party payment gateway providers, accounting service providers including our accounting software platform and other third parties who provide us with any assistance located inside or outside of Australia. In some cases, we may need to disclose your information to third parties outside of Australia and service providers located internationally, in order to enable us to provide the Services.
Where we use a supplier outside of Australia, we will take reasonable steps in the circumstances to ensure that such overseas recipient does not breach the Australian Privacy Principles (except where such steps are not required under the Privacy Act).
We may also disclose your personal information to third parties to whom you expressly ask us to send the personal information to or to third parties where permitted under the Privacy Act. This also includes:
- your authorised representatives;
- government and regulatory authorities and other similar organisations, as required or authorised by law; and
- such entities that we propose to merge with or be acquired by.
We may also disclose your personal information to third parties through the use of the services where you have consented to such use.
We may also aggregate and/or make anonymous your personal information including sensitive information to make it available for the purposes of generating statistical data for the conducting of research and improving the Website.
Where you leave a review of our Products, or if you tag us in any of your own material (including any social media post on your personal account) you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute and display such content through the world in any media.
5. Shopify Terms
Our Website is hosted on Shopify Inc. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
7. Emails & Marketing
In order to provide the Services to you, you agree to receiving emails from us for the following purposes:
- notifications about activity on the Services (which are set on by default) including order updates, recommendations, and general updates;
- communication from us or our representatives in connection with the Services; and
- marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing. This includes where you have signed up to our marketing or promotional newsletters.
By default you will receive these email notifications to your email address you nominate at registration.
8. Storage & security
We use third-party cloud providers that provide hosting, data storage and other services.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information.
Our Services may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
10. Requesting access or correcting your Personal Information
Subject to the Privacy Act, you have a right to access and correct any personal information about you that we may hold. If you wish to request access to the personal information, we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
If we receive a request from you to access or correct personal information we will respond to you within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.
11. If we can’t collect your Personal Information
If you do not provide us with the personal information described above, some or all of the following may happen:
- we may not be able to provide the Website to you, either to the same standard or at all;
- we may not be able to provide the Products to you or handle your order effectively;
- we may not be able to provide you with information about the Website that you may want; or
- we may be unable to tailor the content of our Website to your preferences and your experience of our services may not be as enjoyable or useful.
12. Notifiable data breach
In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will follow our relevant notifiable data breach procedures in compliance with the Privacy Act and relevant laws.
14. Enquiries, requests & complaints
If you think your personal information, held by us, may have been compromised in any way or you have any other Privacy related complaints or issues, you should also raise the matter with the Privacy Officer.
We will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, we will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.
If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission, whose contact details are below.
Office of the Australian information Commission
Telephone 1300 363 992
Office Address Level 3, 175 Pitt Street, Sydney NSW 2000
Postal Address GPO Box 5218, Sydney NSW 2001
Entity Eagle Direct Pty Ltd ABN 81 627 942 116
Contact Please contact us by submitting a contact us form on the Website.
Some cookies are necessary to allow you to browse our Website, use its features, and access secure areas. The use of these cookies is essential for our Website to work.
We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorized content across pages. The functional cookies we use include:
- User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of our Website.
- Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).
- Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
- User interface customization persistent cookies are used to store a user’s preference regarding a service across web pages.
We use many tools to help us improve our Website. To this end, we use reporting and analytics cookies to collect information about how you use our Website and how often. These cookies only gather information for statistical purposes and only use pseudonymous cookie identifiers that do not directly identify you. The performance cookies we use include:
- First party analytics cookies – we use these cookies to estimate the number of unique visitors, to improve our Website and to detect the most searched for words in search engines that lead to our Website. These cookies are not used to target you with online marketing. We use these cookies to learn how our Website is performing and make relevant improvements to improve your browsing experience.
- Third party analytics cookies – we also use Google Analytics and other third-party analytics providers listed below to help measure how users interact with our Website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with our Website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.
Finally, Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these modules into our Website to improve the experience of browsing and interacting with our Website. Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics, and/or market research. We also use them for remarketing communications. To opt out of these communications please visit the Network Advertising Initiative opt out page.
How long will cookies remain on my computer or mobile device?
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
How do I control cookies?
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.