Terms & Conditions

Akuna Services Website Terms and Conditions

These terms and conditions apply to the use of this website, including the purchase of goods using our ecommerce platform. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

1 Terminology

1.1 In these terms and conditions, the expressions “we”, “us”, “our” and “Akuna Services” are a reference to Akuna Services Pty Ltd ACN 641 596 217 of 351 Wentworth Avenue, Pendle Hill NSW 2145.

2 Amendments to Terms and Conditions

2.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. We will display a clear notification on our website’s homepage if once we have updated these terms. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. We recommend that you regularly check back with our website to see if there are any amendments to these terms.

3 Ordering Procedure via our Website or eCommerce Platform for ‘Buy Now’ products

3.1 You may offer to purchase goods described on this website for the price specified on this website.

3.2 Your order must contain your name, email address, credit card details and any other ordering information specified on this website.

3.3 Within seven business days of receipt of your order, we will at our discretion accept or reject your offer to purchase.

3.4 You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase.

3.5 If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We will however refund any purchase price paid in accordance with clause 3.11 below.

3.6 If we have not responded to you within seven business days, your offer will be deemed to be rejected.

3.7 We give no undertaking as to the availability of products advertised on this website.

3.8 Delivery of the goods to you will be effected in the manner described on this website.

3.9 Title in the goods does not pass to you until payment has been received.

3.10 Risk of loss or damage to the goods passes to you upon dispatch.

3.11 Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax, unless otherwise stated. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

3.12 The goods are offered for sale only to persons who can make legally binding contracts.

4 Cancellation by us Due to Error

4.1 You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

5 Ordering Procedure for our ‘Request a Quotation’ Products

5.1 We offer some goods and services that are not available using the ‘Buy Now’ function on our website. If you would like to purchase these products, you will need to submit a request for a quotation or call back from one of our friendly team members using the method described on our website.

5.2 Once you have discussed the product with us, you may order the products from us by submitting (via email) a purchase order to us.

5.3 The purchase order must include your ABN, postal address, delivery address for goods, required date of receipt, reference to a quote number (if applicable) and contact details, or any other details set out on our purchase order.

5.4 Once placed, a purchase order cannot be cancelled, or delivery deferred without our consent.

5.5 We are not bound by a purchase order unless and until we accept the purchase order by notifying you of that acceptance (“Order Confirmation“).

5.6 If within 24 hours of us providing you with an Order Confirmation, you do not advise us of any error of deficiency in the Order Confirmation, the terms set out in the order confirmation will be deemed to be binding on the parties and we will commence performance of the purchase order.

5.7 We are not obliged to accept any purchase order. We are not required to give reasons for rejecting your purchase order. If we reject your purchase order for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. We will however refund any purchase price prepaid in accordance with these terms.

5.8 Once we accept a purchase order, the parties must comply with that purchase order in accordance with these terms.

5.9 If there is any inconsistency between the terms set out in a purchase order accepted by us and these terms, these terms prevail to the extent of the inconsistency.

5.10 If there is any inconsistency between the special conditions and any terms set out in the general terms, the special conditions prevail to the extent of the inconsistency.

6 Deliveries

6.1 We aim to deliver goods ordered from our website to you as efficiently as is reasonably possible. We have varied delivery options and rates based on the delivery address and your order. We aim to dispatch products that are currently in stock within three (3) business days. If you request a specific delivery time on your delivery day, we will use reasonable endeavours to meet your request, but do not guarantee we will be able to do so. In no circumstances will we be liable for any loss or damage resulting from a delay in delivery.

6.2 You are responsible for (and must pay any and all costs associated with) arranging the unloading of the ordered products at the delivery address.

6.3 You must ensure that you comply with any obligations of your chosen delivery method including that your duly authorised representative signs our copy of the carrier’s consignment note accompanying each delivery of ordered products, as confirmation that the ordered products specified in it have been delivered in good order and condition.

7 Payment

7.1 All orders placed through our eCommerce platform must be paid in full when the order is placed with us.

8 General Obligations in relation to Akuna Services Products

8.1 In addition to all its other obligation under these terms, you must;

(a) within 24 hours inform us of all defects, warranty claims, customer complaints or other issues arising in relation to the products and comply with our reasonable directions in relation to those matters;

(b) not, without our prior written consent, admit liability on behalf of us regarding any complaint or claim, or attempt to resolve or settle any complaint or claim made in relation to any products;

(d) ensure that all product warranties or other terms and conditions relating to the products and issued by us or any of our related bodies corporate, are provided to your customers in a manner that ensures that such warranties and terms and conditions are binding on them; and

comply with all applicable laws.

9 Returns and Exchanges

9.1 If your order arrives damaged, please notify us as soon as possible. Damaged good returns must be requested within seven (7) days of you receiving your order. Please provide a photograph of the damaged or faulty goods, where possible, when you notify us to request a return.

9.2 We encourage you to choose carefully from our products. We do not offer refunds for return of goods due to change of mind. We may offer you an exchange but you must notify us with three (3) business days of the date of delivery. The good must be returned in the original condition and in its original packaging to us. Return delivery fees will be at your expense, as will any additional delivery fee associate with delivering your replacement good. Exchanges will be offered at our sole discretion, and you acknowledge that we are under no obligation to provide this option to you.

9.3 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 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.

9.4 We will accept the return of goods and provide you with a repair, replacement, refund, or credit in circumstances where:

(a) the good is faulty or is not of a reasonably acceptable quality; or

(b) the good is not fit for its intended purpose; or

(d) and you can present an adequate proof of purchase.

9.5 We reserve the right to assess the condition and age of the returned goods prior to providing a repair, replacement, refund, or credit. This may result in the return being refused.

10 Termination

10.1 We may at any time and for any reason, by notice to you by email, terminate the website or your account on our eCommerce platform. On termination, your account will be disabled, you will have no access to and no right to use the eCommerce platform, and you will not be granted access to your account, or any files, or other information contained in your account although residual copies of information may remain in our system.

11 Disclaimer

11.1 Nothing in these terms and conditions excludes, restricts, or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:

(a) we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site;

(b) we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide a good or service to you or otherwise arising out of a good or service purchased from us, whether based on contract, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages;

(c) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and

(d) and except in relation to liability for personal injury (including sickness and death), we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this web site or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

11.2 You acknowledge that:

(a) prior to entering into these terms and conditions you have been given a reasonable opportunity to examine or satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity; and

(b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.

11.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.

11.4 Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):

(a) this sub-clause applies in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;

(b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by sections 51–53 of that law, is limited:

(i) in the case of goods, to any one of the following as determined by us:

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

(B) the repair of the goods; or

(D) the payment of the cost of having the goods repaired;

(ii) in the case of services, to any one of the following as determined by us:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

12 Indemnity

12.1 You indemnify us against all actions, claims, proceedings, demands, liabilities, losses, damaged, expenses and costs (including legal costs on a full indemnity basis) that may be brought against us or which we may pay, sustain or incur as a direct or indirect result of any one or more of the following:

(a) any breach or non-performance of these terms by you;

(b) any wrongful, wilful or negligent act or omission by you or any of your employees, agents or contractors;

(c) the storage, handling or use of any product sold under or in connection with these terms, except to the extent that the relevant action, claim, proceedings, demand, liability, loss, damage, expense or cost was caused by the wrongful, wilful or negligent act or omission by us of any of our employees, agents or contractors; and

(d) any injury or loss sustained by any person who is employed or engaged by you as an employee, agent or contractor for the purpose of (possibly among other things) the performance by you of your obligations under these terms and who suffers any injury or loss arising out of or in the course of such employment or engagement.

13 Specific Warnings

13.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

13.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

13.3 Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

13.4 We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

13.5 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

13.6 We make no warranty that goods or services acquired from us over this website will meet your requirements. In particular, we make no warranties of merchantability or fitness for a particular purpose.

13.7 Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

13.8 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

14 Intellectual Property

14.1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b) commercialise any information, products or services obtained from any part of this website;

without our written permission.

14.2 Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.

14.3 If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

(a) in or as the whole or part of your own trademarks;

(b) in connection with activities, products or services which are not ours;

(d) in a manner that disparages us or our information, products or services (including this website).

15 Restricted use

15.1 Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

16 Links

In this website

16.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

16.2 We are not responsible for the content or privacy practices associated with linked websites.

16.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

To this website

16.4 Except on the terms of any agreementseparately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this website (“materials”). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:

(a) ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;

(b) ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;

(c) ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this website;

(d) ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this website rather than via their links; and

(e) being otherwise subject to our directions, including any take down, cease or desist directions.

17 Privacy Policy

17.1 We are committed to compliance with privacy laws which apply to our businesses, and which set out standards for the management of personal information. Our privacy policy outlines our personal information management practices applying to the personal information of individuals in respect of their dealings with Akuna Services or interaction with the Akuna Services website and ecommerce platform.

18 How we handle e-mails

18.1 We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for troubleshooting or maintenance purposes or if any form of e-mail abuse is suspected.

19 Security of Information

19.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.

20 Termination of Access

20.1 Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

21 Governing Law

21.1 These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction

22 General

22.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control

22.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

22.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

23 To Return to the Homepage

23.1 To return to the website, click here akunaservices.com.au. By continuing to use our website or placing and order on our ecommerce platform, you acknowledge that you have read, understood and accept the above terms of use.

Last updated: March 2024.