Terms & Conditions

About the Website

 

Welcome to Dnasole.com (Website). The Website provides goods (Services).

The Website is operated by DNA SOLE. Access to and use of the Website, or any of its associated Products or Services, is provided by DNA SOLE. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.

 

If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

 DNA SOLE reserves the right to review and change any of the Terms by updating this page at its sole discretion. When DNA SOLE updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by DNA SOLE in the user interface.

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Registration to the use Purchase Services

In order to access the Purchases Services, you must first register as user of the Website. As part of the registration process, or as part of your continued use of the purchase services, you may be required to provide personal information about yourself (Such as identification or contact details), including: Email address Preferred username, telephone number you warrant that any information you give to DNA SOLE in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a member you will be granted immediate access to the Purchase Services. You may not use the Purchase Services and may not accept the Terms if;

You are not of legal age to form a binding contract with DNA SOLE, or you are person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase services.

 

 

Warranty

DNA SOLE Products come with guarantees that cannot be excluded under the Australaian Consumer Law. You are entitled to a replacement or a refund for a major failure of the product 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 (Warranty).

You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the products within 14 days from the date of purchase (Warranty Period). In order to make a Warranty claim during the Warranty period, you must provide proof of purchase to DNA SOLE showing the date of purchase of the products, provide a description of the products and the price paid for the products by sending written notice to DNA SOLE by email at InquiriesDnaSole@gmail.com or by contacting us here

Where the Warranty claim is accepted then DNA SOLE will, at its sole discretion, either repair or replace any defective products as part of there new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by DNA SOLE and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the products to which this warranty relates.

All implied warranties including the warranties of merchantability and fitness for use are limited to the warranty period.

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction

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Purchase of products and returns policy

In using the purchase services to purchase the product through the website, you will agree to the payment of the purchase price listed on the website for the product (Purchase Price). Payment of the purchase price may be made through credit card (Payment Gateway Provider). In using the Purchase services, you warrant that you have familiarised yourself.

With, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy policy and other relevant legal documentation provided by the Payment Gateway providers.

Following payment of the purchase price being confirmed by DNA SOLE, you will be issued with a receipt to confirm that the payment has been received and DNA SOLE may ( Record ) your purchase details for future use

DNA SOLE may, at their sole discretion, provide a refund on the return of the products within 14 days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause

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Your Obligation as a member

The Term;

Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

You have the sole responsibility for protecting the confidentiality of your password and/ or email address. Use of your password by any other person may result in the immediate cancellation of the purchase services.

Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify DNA SOLE of any unauthorised use of your password or email address or any breach of security of which you have become aware;

Access and use of the Website is limited, non-transferable and allows for the sole use of the website by you for the purpose of DNA SOLE providing the purchase services’

You will not use the Purchase Services or Website for any illegal and/ or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website

You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the Website without notice and may result in termination of the purchase services. Appropriate legal action will be taken by DNA SOLE for any illegal or unauthorised use of the Website and you acknowledge and agree that any automated use of the Website or its purchase service is prohibited.

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Copyright and Intellectual Property

 The Website, the content and all of the related products of DNA SOLE are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by DNA SOLE or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by DNA SOLE, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

 use the Website pursuant to the Terms;

copy and store the Website and the material contained in the Website in your device's cache memory; and

print pages from the Website for your own personal and non-commercial use.

DNA SOLE does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by DNA SOLE.

 

 

DNA SOLE retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

 

You may not, without the prior written permission of DNA SOLE and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain

 

Privacy

DNA SOLE takes your privacy seriously and any information provided through your use of the Website and/or content are subject to DNA SOLE Privacy Policy, which is available on the Website. HERE

 

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause 5, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

DNA SOLE will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise

Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of DNA SOLE make any express or implied representation or warranty about the content or any products or content (including the products or content of DNA SOLE referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

 the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

 costs incurred as a result of you using the Website, the content or any of the products of DNA SOLE; and

the content or operation in respect to links which are provided for your convenience.

 

Limitation of liability

 DNA SOLE total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

You expressly understand and agree that DNA SOLE, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

You acknowledge and agree that DNA SOLE holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

 

Termination of Contract

If you want to terminate the Terms, you may do so by providing DNA SOLE with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to DNA SOLE via the 'Contact Us' link on our homepage. DNA SOLE may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision; DNA SOLE is required to do so by law; DNA SOLE is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

the provision of the Services to you by DNA SOLE, is in the opinion of DNA KICKS, no longer commercially viable.

Subject to local applicable laws, DNA SOLE reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts DNA SOLE name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and DNA SOLE have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

Indemnity

You agree to indemnify DNA SOLE, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

 all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.

 

Dispute Resolution

 Compulsory:

 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 

Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must: Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree

If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the court;

 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in Melbourne, Australia.

 

 

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

 

 If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so

 

Venue and Jurisdiction

 

The Services offered by DNA SOLE is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

 

Governing Law

 

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.