These Terms of Use (“Terms”) govern your use of our website located at www.vapelabs.com.au (“Sites”) and form a binding contractual agreement between you, the user of the Sites and us, Vapelabs ABN:68 316 449 639.  

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Sites. You can contact us at via email at hello@vapelabs.com.au.

By using the Sites you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Sites. 1. Licence to use Sites

1.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Sites in accordance with the terms and conditions set out in this Agreement.

1.2. You may access and use the Sites (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Sites for your own personal, non-commercial use.

1.3. You must not add any content to the Sites:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d) that would bring us, or the Sites, into disrepute; or

(e) that infringes the intellectual property or other rights of any person.

1.4. The Sites contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website.

1.5. You acknowledge and agree that:

(a) we retain complete editorial control over the Sites and may alter, amend or cease the operation of the Sites at any time in our sole discretion; and

(b) the Sites will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights

2.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites.

2.2. By posting or adding any content onto the Sites, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.4. The licence in clause 2.2 will survive any termination of these Terms.

2.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3. Warranties

3.1. You represent and warrant to us that:

(a) you have the legal capacity to enter these Terms; and

(b) you have complied with clause 1.3

4. Provisions of Goods and/or Services

4.1. You expressly acknowledge and agree that any goods and/or services that are purchased, order or otherwise requested by you using the Sites are provided by us on the terms and conditions contained in our General Terms of Sale, which is located here. To the extent that there is any inconsistency between the terms of this Agreement and the terms of the General Terms and Conditions, the General Terms and Conditions shall prevail.

5. Liability

5.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

5.2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

5.3. We do not give any representation or warranty of any kind, express or implied, as to the operation of this Sites or the information, content, materials, or products included on this Sites and you expressly agree that your use of this Sites is at your own risk.

5.4. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, and do not warrant that our Sites, its servers, or email sent from us are free of viruses or other harmful components. We are not liable for any damages of any kind arising from the use of this Sites, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.

5.5. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired, and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again

6. Termination

6.1. These Terms terminate automatically if, for any reason, we cease to operate the Sites.

6.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

7. General

7.1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

7.2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

7.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

7.4. This Agreement is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland, Australia.

8. Amendment

8.1. We may amend any term of this Agreement in its unfettered discretion from time to time by putting a notice on the Sites that the terms of this Agreement have been amended. If you continue to use the Sites after we provide notice that the terms of this Agreement have been amended, the Parties agree that your conduct in continuing to use the Sites after receiving notice of the amendments shall be deemed to constitute acceptance to be bound by the amended terms and conditions.