Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this website as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review these terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain products or services from this site.

  1. Acceptance of Agreement: You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") concerning our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings regarding the Site, the content, products or services provided by or through the Site, and the Site subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement before using the Site.
  2. Copyright: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights (including but not limited to intellectual property). The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by DealByEthan in its sole discretion. If membership has been revoked, DealByEthan reserves the right to refuse application or readmission to the membership program.
  4. Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
  5. Editing, Deleting and Modification: We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
  6. Indemnification: You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
  7. Non-transferable: Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
  8. Disclaimer: THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
  9. Limits: All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
  10. Use of Information: We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  11. Third-Party Services: We may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by third-party merchants. Third-party merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
  12. Third-Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of third-party merchants will apply to you while on such sites. We are not responsible for information provided by you to third-party merchants. We and the third-party merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
  13. Privacy Policy: Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using DealByEthan websites you agree we may set cookies on your browser, for purposes that are described in our Privacy Policy. These purposes include customizing the advertising and content we show you.
  14. Payments, Products and Purchasing: You represent and warrant that if you are purchasing something from us or our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes, and (iv) credit card transactions may be treated as a foreign transaction by your credit card company and your credit card provider may charge you additional fees for this. DealByEthan does not guarantee the availability of any products. All sales are final and cannot be cancelled by Members (except for any part of the order that might be sold out and discontinued). DealByEthan reserves the right to refuse/cancel any purchase in whole or part and may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your order.
  15. Links to Other Web Sites: The Site contains links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed on such Web sites. Such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
  16. Submissions: All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
  17. Return Policy: Returns only accepted the products(s) has a manufacturer defect or was sent incorrectly. Products must be returned with their tags attached, in new, unworn, original condition. All claims must be made within 60 days of receipt of merchandise and you must obtain permission for a return before going so. Returns made without permission may be returned to you at your expense. Refund will be given as money back via original payment method or store credit or exchange but only for item(s) of equal or lesser value. Customers are responsible for all associated shipping costs.
  18. Verify Members' Address: DealByEthan reserves the right to contact a Member via email, fax or telephone to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from DealByEthan.
  19. Venue, Applicable Law: YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE PERTH CENTRAL LAW COURTS IN WESTERN AUSTRALIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT PERTH, WESTERN AUSTRALIA OR IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by DealByEthan in the State of Western Australia, Australia. As such, the laws of Western Australia will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.