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WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website

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(a) Welcome to www.divideit.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
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(b) The Website is operated by WHENT PTY LTD(ACN 681170749). Access to and use of the Website, or any of its associated Products or Services, is provided by WHENT PTY LTD. 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 Services, immediately.
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(c) WHENT PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When WHENT PTY LTD 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.
 
2.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 WHENT PTY LTD in the user interface.
 
3. Purchase Services
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  1. In order to access the Purchase Services, As part of the purchase 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:

    1. Email address

    2. Preferred username

    3. Mailing address

    4. Telephone number

  2. You warrant that any information you give to WHENT PTY LTD in the course of completing the purchase process will always be accurate, correct and up to date.

  3. You may not use the Purchase Services and may not accept the Terms if:

(a)  you are not of legal age to form a binding contract with WHENT PTY LTD; or
(b) you are a 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.
 
4.Your obligations as a person who uses the Website to view the content or purchase Products
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  1. Any person who uses the Website to view the content or purchase Products agrees to the following. You agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

    1. the Terms;

    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

    3. 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;

    4. any use of your purchase information by any other person, or third parties, is strictly prohibited. You agree to immediately notify WHENT PTY LTD of any unauthorised use of your password or email address or any breach of security of which you have become aware;

    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of WHENT PTY LTD providing the Purchase Services;

    6. 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;

    7. 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 WHENT PTY LTD for any illegal or unauthorised use of the Website; and

    8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

    9. you will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services;

 
5.Purchase of Products and Returns Policy
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  1. 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).
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  1. Payment of the Purchase Price may be made through Stripe, PayPal and others (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.

  2. Following payment of the Purchase Price being confirmed by WHENT PTY LTD, you will be issued with a receipt to confirm that the payment has been received and WHENT PTY LTD may record your purchase details for future use.

  3. WHENT PTY LTD may, at their sole discretion, provide a refund on the return of unwanted products provided that the Products are returned 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.

  4. ll unwanted goods refund requests must be made in writing to within the specified day period. WHENT PTY LTD reserves the right to refuse a refund if the Products have been used, damaged, or are not in their original packaging with all accessories and documentation intact.

 

 

 30 Day Money Back Guarantee 

  1. If you don’t love your new DivideUte product as much as we do, you can return the product to us for a full refund within 30 days of purchase. That's right, simply return the product to us for a full refund. 

  2. The guarantee is subject to:

  • Being offered to the original purchaser of the product only;

  • Is valid for 30 days from the date of purchase; and

  • Proof of purchase is required to ensure validity of the claim.

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  30 DAY MONEY BACK GUARANTEE CLAIMS

Although we are confident you won’t need to, any claims for the 30 Day Money Back Guarantee must be made with:

 

  1. Proof of purchase

  2. The product must be packaged securely and sent back to our address at your cost within the 30 day period.

  3. Refunds will be processed within 5-7 business days after receiving the returned item.

  4. Shipping costs are non-refundable, unless the return is due to an error on our part (e.g., wrong item sent).

  5. If an item is damaged in transit, we may offer a replacement instead of a refund.

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Need some more help?

Please email sales@divideit.com.au or phone 07 49361143. 

 
6.Delivery
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  1. You acknowledge that the Purchase Services offered by WHENT PTY LTD integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).

  2. In providing the Purchase Services, WHENT PTY LTD may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that WHENT PTY LTD is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  3. In the event that an item is lost or damaged in the course of the Delivery Services, WHENT PTY LTD asks that you:

    1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

    2. contact us by sending an email to shipping@divideit.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

 
7.Warranty
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(a) WHENT PTY LTD's 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 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).
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(b) In addition to all applicable guarantees by law you may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 12 months from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to WHENT PTY LTD 51-53 Perrott Drive Rockyview Queensland 4701 Australia 61 0749361143 sales@divideit.com.au 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 WHENT PTY LTD by email at admin@divideit.com.au and completing the Warranty Claim form which can be accessed by clicking the link in the footer of this web page.

(d)  Where the Warranty Claim is accepted then WHENT PTY LTD will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. WHENT PTY LTD will reimburse you for the pre agreed reasonable cost of any postage or shipping costs incurred in a succesfull Warranty Claim. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in a failed Warranty Claim.
 
(e) The Warranty shall be the sole and exclusive warranty granted by WHENT PTY LTD 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.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) 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.

(h) A 'material defect' under this Warranty includes, but is not limited to: (a) any manufacturing flaw affecting the Product's functionality or safety; (b) any substantial deviation from the Product's specifications or advertised features; or (c) any defect that significantly impairs the Product's value or normal use. You must document and provide photographic evidence of the alleged defect when submitting a Warranty Claim.

 
(i) When submitting photographic evidence for a Warranty Claim, you must provide: (a) clear, well-lit images showing the entire Product; (b) close-up photographs of the specific defect from multiple angles; (c) images of any relevant serial numbers or product identifiers; and
(d) documentation of the date and conditions under which the defect was discovered. All photographs must be in colour, at minimum 300 dpi resolution, and submitted in jpeg format.
 
(j) You must provide with a reasonable opportunity to inspect the Products subject to a Warranty Claim. If determines that the Products are not covered by the Warranty, you will be responsible for all costs associated with the inspection and return of the Products.​​
 
8.Copyright and Intellectual Property
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(a) The Website, the Purchase Services and all of the related products of WHENT PTY LTD 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by WHENT PTY LTD or its contributors.
(b) WHENT PTY LTD 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 to you:

  1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of WHENT PTY LTD; or

  2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

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

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(c) You may not, without the prior written permission of WHENT PTY LTD 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. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
 
(d) Without limiting the foregoing, unauthorized use includes: (a) any automated scraping, harvesting, or extraction of Content; (b) creation of derivative works or unauthorized reproductions in any medium; (c) framing or mirroring of the Website or any Content; (d) modification or reformatting of Content for any purpose; and (e) any use of Content that exceeds normal website browsing. Any such unauthorized use may result in immediate termination of access rights and potential legal action, including claims for statutory damages of up to 20 million dollars per infringement, injunctive relief, and recovery of legal costs.
 
(e) You agree to promptly notify of any actual or suspected infringement of 's intellectual property rights that comes to your attention. In the event of any unauthorized use of 's intellectual property, reserves the right to seek all available legal and equitable remedies, including injunctive relief.
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9.Privacy
 
WHENT PTY LTD takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to WHENT PTY LTD's Privacy Policy, which is available on the Website.
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​9.1 In collecting Personal Information, WHENT PTY LTD manages and uses such information in accordance with good business practices. Personal Information collected may include: name, address, phone numbers, email addresses, payment details, device information, and usage data. This information is collected when you: register an account, place orders, contact customer support, or interact with our Website. We use this information to: process your orders, provide customer support, improve our services, send important updates, and comply with legal obligations. You have the right to access, correct, or request deletion of your Personal Information by contacting our Privacy Officer at admin@divideit.com.au.
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10.General Disclaimer
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  1. You acknowledge that WHENT PTY LTD does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. WHENT PTY LTD will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, surface finishes and packaging may differ from what is displayed on the Website.

  3. Nothing in these 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.

  4. Subject to this clause, and to the extent permitted by law:

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

    2. WHENT PTY LTD 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  5. Use of the Website, the Purchase Services, and any of the products of WHENT PTY LTD (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of WHENT PTY LTD, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of WHENT PTY LTD including any third party where the Delivery Services are made available to you make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of WHENT PTY LTD) 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:

    1. 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;

    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

    4. the Content or operation in respect to links which are provided for the User's convenience;

    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.​

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11.Limitation of Liability
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  1. WHENT PTY LTD's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of WHENT PTY LTD is the resupply of information or Purchase Services to you.

  2. You expressly understand and agree that WHENT PTY LTD, its affiliates, employees, agents, contributors, third party content providers 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.

  3. WHENT PTY LTD is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of WHENT PTY LTD, by third parties or by any of the Purchase Services offered by WHENT PTY LTD.

  4. Notwithstanding any other provision of these Terms, shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website or the Purchase Services, including but not limited to damages for loss of profits, use, data or other intangibles, even if has been advised of the possibility of such damages.

  5. Nothing in these Terms restricts, excludes, or modifies any consumer rights under the Australian Consumer Law (ACL) or any other statute where to do so would contravene that statute or cause any part of these Terms to be void. To the extent permitted by law, and except for liability under the ACL which cannot be excluded, WHENT PTY LTD's liability for any breach of a consumer guarantee is limited to the resupply of the Purchase Services or the cost of resupplying those Purchase Services (at WHENT PTY LTD's discretion).

  6. You acknowledge that WHENT PTY LTD does not provide the Delivery Services to you and you agree that WHENT PTY LTD will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

  7. For the purposes of these Terms, "indirect, incidental, and consequential damages" shall include, without limitation: (a) loss of anticipated savings or business opportunities; (b) loss of data or business interruption; (c) damage to hardware or software systems; (d) third party claims; and (e) any costs of procuring substitute goods or services, regardless of whether WHENT PTY LTD has been advised of the possibility of such damages​

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12.Termination of Contract
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  1. The Terms will continue to apply until terminated by either you or by WHENT PTY LTD as set out below.

  2. If you want to terminate the Terms, you may do so by:

    1. notifying WHENT PTY LTD at any time; and

    2. closing your accounts for all of the Purchase Services which you use, where WHENT PTY LTD has made this option available to you.

  3. Your notice should be sent, in writing, to WHENT PTY LTD via the 'Contact Us' link on our homepage.

  4. WHENT PTY LTD may at any time, terminate the Terms with you if:

    1. you have breached any provision of the Terms or intend to breach any provision;

    2. WHENT PTY LTD is required to do so by law;

    3. the partner with whom WHENT PTY LTD offered the Purchase Services to you has terminated its relationship with WHENT PTY LTD or ceased to offer the Purchase Services to you;

    4. WHENT PTY LTD is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

    5. the provision of the Purchase Services to you by WHENT PTY LTD is, in the opinion of WHENT PTY LTD, no longer commercially viable.

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

  6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and WHENT PTY LTD 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.​

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13.Indemnity
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  1. You agree to indemnify WHENT PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. 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 any Content you post through the Website;

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

    3. any breach of the Terms.

 
14.Dispute Resolution
 
14.1.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).
 
14.2.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.
 
14.3.Resolution
 
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  1. 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;

  2. 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 President of the QLD Law Society or his or her nominee;

  3. 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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  4. The mediation shall be conducted in accordance with the QLD Law Society Mediation Guidelines in force at the time of the mediation, and the parties must provide the mediator with a brief written summary of the Dispute at least 14 business days before the mediation commences;

  5. The mediation will be held in Rockhampton Queensland 4700, Australia.

 
14.4.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.
 
14.5.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.
 
15.Venue and Jurisdiction
 
The Purchase Services offered by WHENT PTY LTD are intended to be used 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 Queensland, Australia.
 
16.Governing Law
 
The Terms are governed by the laws of Queensland, 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 Queensland 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.
 
17.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.

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