Terms & Conditions
TERMS AND CONDITIONS
In accessing and using this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions.
PRIVACY STATEMENT
We only collect information that is necessary to deliver your goods to you efficiently, keep you up to date with our products and services and to involve you in initiatives undertaken by us. This personal information may include details such as your name, gender, contact information, products and services you are interested in or require more information about. If you purchase or request products and services from us we may also request your preferences for receiving further marketing or promotional material. It is your choice how much information you provide to us. We seek this information either to process your request for information and provide that information to you, to improve the quality of our products or services or to assist you to determine which products and services best meet your needs. Your personal information will not be used or disclosed for any other purposes without your consent unless required by law.
Cheapest Adjustable Beds may request your consent to take photos or videos of you and your bed both in store and at the product’s delivery location. Once you have given your consent, you acknowledge that Cheapest Adjustable Beds may use these images or videos on Instagram, Facebook, its website, its newsletters or in any other social media or communication forum, and that you will not seek any payment or commission for their use.
Information collected from this website may also be used to determine usage and demographic patterns. Personal identification information is not used for this purpose. This anonymous information is then used to better develop and tailor this website and our products and services for our customers and potential customers.
All electronically recorded customer information is protected from unauthorised access via the use of secure passwords and user log-ins. However, it is important to note that no data transmission over the Internet or information stored on servers accessible through the Internet can be guaranteed to be fully secure therefore these activities are undertaken at your own risk. Any paper-based records are kept in a secure environment and can only be accessed by authorised personnel.
We destroy or de-identify personal information if it is no longer needed for any purpose. We have stringent security measures in place and the staff at Cheapest Adjustable Beds who handle your personal information have the knowledge, skills and commitment to protect your personal information from unauthorised access, loss, modification, disclosure or misuse.
PAYMENTS
The customer must pay a deposit to Cheapest Adjustable Beds upon placing an order for a product. The deposit amount shall be 50% of the product price.
The customer agrees that the deposit is not refundable under any circumstance and acknowledges that once an order is placed that Cheapest Adjustable Beds will incur costs in the form of staff wages, administration costs, material and manufacturing costs, and that the customer agrees for Cheapest Adjustable Beds to apply that deposit towards the payment of those costs incurred.
Purchases must be paid in full before or on delivery of goods and online purchases are to be paid in full at the time of ordering. Personal or business cheques will only be accepted as final payment 5 days prior to delivery.
CONDITIONS OF SALE AND RETURNS (“RETURNS POLICY”)
Mattresses purchased in store are given a 30 Night Comfort and Support Guarantee.
We otherwise do not provide exchange or refund for our products unless there is a manufacturers’ fault in the product you purchased.
Sale/clearance or floor stock mattresses in store do not receive a comfort guarantee. The customer agrees that any purchase of a product that is a sale item or floor stock item then the customer is buying the product in its condition on the day of the sale.
MADE TO ORDER STOCK
Notwithstanding any other provision of these terms and conditions, products which are made to individual customer specifications, including custom made furniture items, which have to be ordered specifically for a customer cannot be returned if the customer decides the customer no longer wants the products.
30 NIGHT COMFORT AND SUPPORT GUARANTEE
Your 30 Night Comfort and Support Guarantee begins the day you receive your new mattress. Bases, pillows, bedroom furniture and other accessory items do not have a 30 Night Comfort and Support Guarantee.
You may exchange your mattress once only free of charge during the 30 Night Comfort and Support Guarantee period. You are eligible for one exchange per mattress purchase.
You must contact Cheapest Adjustable Beds within the first 30 days after your mattress purchase to discuss any concerns you have with your mattress not being comfortable.
Unless you purchase a mattress protector from Cheapest Adjustable Beds and ensure that it is always used on the mattress during the first 30 Nights after delivery, then the 30 Night Comfort and Support Guarantee does not apply and will be void.
Your 30 Night Comfort and Support Guarantee also will be void if your mattress is not in good condition i.e. if your mattress is modified, broken, damaged, soiled or stained. A photo of your mattress must be emailed to Cheapest Adjustable Beds prior to your exchange to determine if your mattress is in adequate condition for exchange.
If your mattress is not comfortable, and subject to you meeting the terms of the 30 Night Comfort and Support Guarantee we will replace it at no cost if you make a claim within the first 30 nights of the delivery date, for a softer or firmer version (depending on what you would prefer) of the same size mattress from the same range only. If you would like to replace your current mattress with one from a more expensive range, you will have to pay the difference in the full retail recommended price. If you would prefer to exchange your mattress with one from a less expensive range, we are not able to refund the difference in price.
You will be required to pay a quoted shipping fee to have your exchange mattress delivered to you only where the 30 Night Comfort and Support Guarantee does not apply. if you were eligible for free shipping then there is no shipping cost.
MATTRESS AND BASE MANUFACTURER'S GUARANTEE
Our mattresses and bases 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 loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality. This guarantee is valid only to the original purchaser and is not transferable or assignable.
Cheapest Adjustable Beds will repair without charge to the original purchaser, any manufacturing fault as defined below. Cheapest Adjustable Beds reserves the right to refuse service when the product is found on inspection to be in an unsanitary condition.
During the first year after purchase Cheapest Adjustable Beds will meet transport charges relating to guarantee issues within Australia where there is a manufacturing fault. After the first year, the purchaser will meet transportation charges within Australia. In no case will any transportation charge be accepted without prior approval from Cheapest Adjustable Beds. All claims in respect of the guarantee must be made in writing to Cheapest Adjustable Beds prior to the expiry of the manufacturers’ guarantee. The manufacturer reserves the right to charge an up front call out fee prior to an inspection taking place at any stage during the life of the base and the mattress. This fee will be refunded should a manufacturing fault be discovered and not as result of any action or fault from the customer.
MEASUREMENT AND SIZE
The customer acknowledges that the order place with Cheapest Adjustable Beds is accurate in regards to the terms of the requested size, width, length and dimensions of the product. The customer agrees that once an order is placed for the product, the size, width, length and dimensions of the product are final and cannot be amended.
Cheapest Adjustable Beds make no warranty that the product fits the size of the room in where the product will be placed and it relies solely on the information from the customer in selling that base and/or mattress to the customer, and that the customer bears full responsibility for the choice made.
VARIATION
The customer acknowledges that the ordered product may vary to the floor stock product or sample. Such variations may include:
- Colour
- Fabric design and matching patterns
Such variations are not manufacturing faults and slight variations does not render the product faulty or defective.
If identical materials are not available at the time of a repair, the manufacturer reserves the right to substitute materials of equal quality. Identical fabrics cannot be guaranteed however the closest match will always be attempted.
DELIVERY
Full payment must be received by Cheapest Adjustable Beds prior to delivery being arranged. Delivery charges and estimated times will depend on where your product is being delivered, and the size and weight of the base and mattress. You must ensure correct delivery address and access details are provided to us.
We shall use all reasonable endeavours to meet the delivery date on the nominated day, however you agree that Cheapest Adjustable Beds is not and will not be liable for any loss or damage, however it arises, if the products are not delivered by the delivery date.
Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made because an appropriate person is not present. This includes and any additional costs incurred for redelivery and/or pick up.
Given that electric adjustable bases can be very heavy objects, Cheapest Adjustable Beds take all necessary OHS requirements diligently when delivering your bed. As such, you agree to provide clear and unobstructed access area for the delivery of goods. You must advise Cheapest Adjustable Beds of the layout of the room where the products are to be delivered including stairs and areas that have restricted access (street, doorways, lifts, passageways, supporting columns).
Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result. Our personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
STORAGE
You must collect or take delivery of the products within the agreed time. If you fail to do so, Cheapest Adjustable Beds will provide you with 7 days’ notice for delivery or collection. If you have not collected your product or if Cheapest Adjustable Beds are unable to deliver it within 7 days of that notice, then Cheapest Adjustable Beds will charge you a storage fee of $50 per day thereafter. If after a further 30 days the product has not been delivered or picked up, then Cheapest Adjustable Beds will be entitled to dispose of the bed base and/or mattress, and you shall be liable for any loss incurred upon resale of those items as well as any storage fees incurred.
RISK AND TITLE
All risk in Cheapest Adjustable Beds products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and after receipt by Cheapest Adjustable Beds of full payment by either cash or clearance of funds into our bank account.
OLD MATTRESS REMOVAL CONDITIONS
Mattresses removed must be in a clean sanitary condition - right of refusal at drivers’ discretion. Please note that we do not remove bed bases.
Removals MUST be booked by prior arrangement and appear on store invoice at time of purchase. Removals of old mattresses are only applicable to Melbourne Metro areas only.
Cheapest Adjustable Beds will only remove the identical number of pieces to those being delivered, that is one for one, or two for two. Items removed cannot exceed that being delivered. This removal offer only applies to bed bases and mattresses and specifically excludes any furniture item.
CHEAPEST ADJUSTABLE BEDS CONSUMER GUARANTEES AND WARRANTY
Cheapest Adjustable Beds shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to other rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer. The Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. The Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: The Warranty will not apply if:
- Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Cheapest Adjustable Beds.
- The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
- The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
- The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
- The product is tampered with in any way.
- The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
CONSUMER GUARANTEES:
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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Cheapest Adjustable Beds Warranty apply to the consumer guarantees.
CONSUMER GUARANTEE REMEDIES:
If there is a major failure with the product, the customer is entitled to:
- reject the product and get a refund;
- reject the product and get an identical replacement, or one similar in value if reasonably available; or
- keep the product and obtain compensation from Cheapest Adjustable Beds for the drop in value of the product caused by the major failure.
Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Cheapest Adjustable Beds is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
CANCELLATIONS AND CHANGE OF MIND POLICY
Cheapest Adjustable Beds shall not accept a cancellation if you simply change your mind, unless Cheapest Adjustable Beds chooses to do so at its absolute discretion.
If Cheapest Adjustable Beds does accept such cancellation, the customer must pay an amount to Cheapest Adjustable Beds which in Cheapest Adjustable Beds’ reasonable view reflects the loss that Cheapest Adjustable Beds will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Cheapest Adjustable Beds shall set off this amount against any moneys already paid to us by the customer for this product and refund the balance within 30 days of the bed base and/or mattress being returned to the store. For any cancellation charges over and above what has already been paid to Cheapest Adjustable Beds, the customer must pay such amounts to Cheapest Adjustable Beds within 7 days of Cheapest Adjustable Beds’ request to pay.
Cheapest Adjustable Beds may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available;
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then Cheapest Adjustable Beds will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Any cancellation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Returns Policy.
HOW TO MAKE A CLAIM
To claim under a Warranty or a consumer guarantee, you must take a photo of the item and email us prior to the return the product for repair/inspection to your store of purchase. Cheapest Adjustable Beds and/or the manufacturer reserve the right to visit your premises to assess any claim made.
We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. You may be liable to pay for the associated costs (including any freight and insurance charges) dependant on the nature of the issue. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed, we require proof of purchase from you (that is, the original sales docket receipt or another acceptable form of proof of purchase). We will do our best to resolve the issue in a timely manner. For any queries please contact Cheapest Adjustable Beds.
GENERAL
Products are for domestic use only unless otherwise specified. If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions shall continue to be enforceable and valid. These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.
AGE
The customer warrants that they are over eighteen (18) years of age and can legally enter into this agreement.
FEES AND CHARGES
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (if applicable) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products on the Site include GST where applicable, and are in Australian dollars.
The purchase price of each Product is shown on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in our store for the same Product, and Cheapest Adjustable Beds is not obliged to match any prices across other retailers.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then any refund will be in accordance with the terms of our Returns Policy,
LIABILITY
Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; 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.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not Cheapest Adjustable Beds.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
CHANGES TO THESE TERMS AND CONDITIONS
These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.
SECURITY
We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.
When making purchases using the Site your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing. If you have any questions regarding our security policy, please contact us at sales@cheapestadjustablebeds.com.au
ENFORCEABILITY AND JURISDICTION
If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
PRODUCT DESCRIPTION AND ACCURACY OF SITE
Cheapest Adjustable Beds attempts to be as accurate as possible in its featured product descriptions, however, Cheapest Adjustable Beds does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Cheapest Adjustable Beds will attempt to rectify any errors as swiftly as possible.
Cheapest Adjustable Beds reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural finishes, including colours and grain changes may occur and must be considered natural features of real timber.
Cheapest Adjustable Beds team members spend and extensive period of time being trained in all our Products’ features and benefits, however reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. Cheapest Adjustable Beds does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
COPYRIGHT AND TRADEMARKS
Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on the Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trademarks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
QUERIES
If you have any comments or questions regarding the Products and services featured on the Site please email sales@cheapestadjustablebeds.com.au or contact your local store.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liabilities
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cheapest Adjustable Beds, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Force Majeure
We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
