Terms of service
Website Terms of use
1. Introduction
1.1. This website is operated by Jake Andrew O’Callaghan, a sole trader trading as ARVICK (ABN 75 298 220 076) (“we”, “our” or “us”). These terms and conditions (“Terms”) are between us and you, the person accessing the Site or placing an Order for Products through the Site.
2. Definitions
2.1. In these Terms:
2.1.1. Site means the ARVICK website located at arvick.com.au, including its subdomains, and any official social-media accounts administered or controlled by ARVICK;
2.1.2. “ARVICK”, “our”, “us” or “we” means Jake Andrew O’Callaghan, a sole trader trading as ARVICK (ABN 75 298 220 076);
2.1.3. GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). ARVICK is not currently registered for GST and does not charge GST on Orders;
2.1.4. Liabilities means direct or indirect liability for costs, damages, losses, claims, causes of action and expenses, including but not limited to legal fees;
2.1.5. Login ID means the email address you provide to the Site as part of the customer registration process;
2.1.6. Order means an order placed by you for one or more Products through the Site;
2.1.7. Product means each physical good advertised for sale on the Site and includes its plural, Products;
2.1.8. these Website Terms and Conditions, together with our Shipping Policy, Returns and Refunds Policy and Privacy Policy, form the full terms and conditions governing trade with and use of the Site; and
2.1.9. bold, italic or underlined text, or text that is highlighted or otherwise different from normal text, has no additional meaning other than for ease of reading.
3. General
3.1. You accept these Terms by accessing or using the Site, creating an account or placing an Order through the Site.
3.2. The Site is a shopping and marketing website where you can browse, select and order advertised Products.
3.3. Please read these Terms before accessing or using the Site. If you are under 18 years of age, you must obtain your parent or guardian’s consent before accessing or using the Site or placing an Order.
3.4. Your access to and use of the Site, including your Order of Products and any information you submit through the Site, is subject to these Terms.
4. Disclaimer
4.1. The information contained on the Site is provided in good faith on an “as is” basis. Except as required by law, we do not represent or warrant the reliability, accuracy or completeness of the information contained on the Site.
To the extent permitted by law, we are not responsible or liable for any Liabilities arising from errors in or omissions from information on the Site, except to the extent caused by our failure to take reasonable care.
However, we will endeavour to correct any inaccuracies after becoming aware of them.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
4.2. Illustrations and photographs contained on the Site are sample representations of the Products advertised. Minor variations may occur due to lighting, photography, display settings and manufacturing differences.
Nothing in this clause permits us to supply a Product that is materially different from its description, sample or demonstration model or limits any right or remedy available under the Australian Consumer Law.
5. Links
5.1. The Site may contain links to external websites that are not operated by us. We do not make any endorsement or representation about the
accuracy of information contained within those websites. These links are provided for your convenience only, and you agree that:
5.1.1. we make no representations or warranties regarding, and to the extent permitted by law have no responsibility or liability for, those websites;
5.1.2. these links do not indicate, expressly or impliedly, that we endorse those websites or any products or services provided through them; and
5.1.3. subject to applicable law, you access and use the products and services made available through those websites at your own risk.
6. Intellectual Property
6.1. You:
6.1.1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to ARVICK; and
6.1.2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Materials without our prior written consent; and
6.1.3. must not frame or embed in another website any Materials appearing on the Site without our prior written consent.
6.2. You may:
6.2.1. store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content and Materials; and
6.2.2. print hard copies of the content and Materials for the sole purpose of viewing the content and purchasing Products, but not for any other use, including commercial use.
6.3. The Site may contain registered trade marks and other trade marks that are protected by law. You must not use any marks or trade marks appearing on the Site or the ARVICK name without our prior written consent.
You must not use any company, Product or service marks appearing on the Site that are owned by third parties, including our suppliers, without obtaining the relevant third-party owner’s consent.
7. Viruses
7.1. We do not claim that any information, including any files obtained from or through the Site, is free from viruses or other faults or defects.
7.2. You are responsible for taking reasonable precautions, including scanning any downloaded information for viruses.
7.3. To the extent permitted by law, we are not responsible or liable to you or any other person for loss or damage resulting directly or indirectly from viruses or other harmful components contained in information obtained from or through the Site, except to the extent that the loss or damage was caused by our failure to take reasonable care.
7.4. Nothing in this section excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
8. Compliance with These Terms and Conditions
8.1. You agree to be bound by and comply with these Terms by:
8.1.1. accessing or using the Site;
8.1.2. completing your registration through the Site; or
8.1.3. obtaining or ordering Products through the Site.
9. Changes to These Terms and Conditions
9.1. If you have an Order that has been accepted by us, the Terms that apply to that Order are the Terms that applied when you placed the Order. We cannot vary the Terms applying to an Order after that Order has been accepted by us.
9.2. Subject to clause 9.1, we may change these Terms at any time, and such modifications will be effective once they are posted on the Site.
By continuing to use the Site after these Terms have been modified, you agree that the modified Terms will apply to your future use of the Site and any future Orders.
10. Registration
10.1. You may complete the customer registration process through the Site before placing an Order for Products. Any personal information that you
provide through the Site will be collected, held and used by us in accordance with our Privacy Policy available on the Site.
10.2. You may not have more than one active account, and your account is non-transferable. You may update or edit your account through the Site where that functionality is available. You may contact us to request the closure of your account.
10.3. If you choose to use a workplace email address for your account or to access the Site, you are responsible for ensuring that you comply with the rules, policies or protocols applying to the use of that email address and your workplace facilities.
11. Placing an Order for Products
11.1. You may order Products by selecting and submitting your Order through the Site in accordance with these Terms.
11.2. Any Order placed through the Site for a Product is an offer by you to purchase that Product for the price notified, including any applicable delivery charges, other charges and taxes, when you place the Order.
11.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
11.4. You agree to provide us with current, complete and accurate details when asked to do so.
12. Acceptance or Rejection of an Order
12.1. We reserve the right to accept or reject your Order for any lawful reason, including, without limitation, if the requested Product is not available or if there is an error in the price, Product description or your Order.
12.2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order we accept, we will supply the Products included in that Order to you in accordance with these Terms.
12.3. If we reject an Order placed through the Site, we will endeavour to notify you at the time you place the Order or within a reasonable time after you submit it.
If payment has already been received, we will refund the amount paid for the rejected Order as soon as reasonably practicable.
13. Cancelling an Order by Us
13.1. Prior to the dispatch of an Order and to the extent permitted by law, we may cancel all or any part of the Order, including an Order that we have accepted, if:
13.1.1. the requested Product in that Order is not available; or
13.1.2. there is a genuine error in the price or Product description posted on the Site in relation to the relevant Product in that Order; or
13.1.3. the Order has been placed in material breach of these Terms or involves suspected fraudulent or unlawful activity.
13.2. If we cancel your Order, we will endeavour to provide you with reasonable notice of that cancellation and will refund any amount you have paid for the cancelled Order or Products as soon as reasonably practicable.
Nothing in this section excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
14. Cancelling an Order by You
14.1. Prior to the dispatch of an Order, you may request the cancellation of all or any part of that Order, including an Order that we have accepted, by contacting us. If we can process your request before dispatch, we will cancel the relevant Order or Products and refund the amount you paid for them.
14.2. You must provide us with notice before the dispatch of the Order. You cannot cancel all or any part of an Order after it has been dispatched.
Once the Order has been dispatched, you may request a return in accordance with our Returns and Refunds Policy, including ARVICK’s 30-Day Try & Decide Guarantee, or exercise any rights available to you under the Australian Consumer Law.
15. Delivery of Products and Timeframes
15.1. Australian Orders
15.1.1. Delivery of Products is carried out by third-party couriers, freight providers or Australia Post. Although the movement and exact delivery timing of an Order are managed by the delivery provider after dispatch, this does not affect our obligations under these Terms or applicable law.
15.1.2. We will only use delivery providers that utilise tracking services.
15.1.3. Any delivery timeframe quoted by us is an estimate based on prior experience and information provided by the delivery provider only.
15.1.4. If your Product has not arrived within the estimated delivery timeframe, please contact us. For standard Australian delivery, we may ask you to allow up to ten (10) business days after dispatch before we submit an enquiry with the delivery provider, unless the tracking information indicates that the parcel has been lost, damaged or otherwise affected by a delivery issue.
15.2. International Orders
15.2.1. We do not guarantee delivery timeframes for international Orders. Any timeframe provided for international delivery is an estimate only. Please contact us for available international delivery options.
15.2.2. Some countries do not provide tracking within their country or use tracking systems that are not linked to the delivery provider’s system. We therefore cannot guarantee that any tracking number provided will display the complete delivery journey.
15.2.3. Any import duties, taxes or fees required by the destination country are payable by you and are not included in the purchase price unless expressly stated otherwise.
You must pay these costs directly to the relevant authority or delivery provider, and we may be unable to calculate these costs when the Order is placed or dispatched.
15.3. Delivery Issues
Once tracking confirms that we have dispatched your Order, its carriage will be handled by the relevant delivery provider. This does not transfer responsibility for loss, damage or non-delivery to you where ARVICK remains responsible under applicable law.
If loss, damage or unreasonable delay occurs during delivery, please contact us. We will make reasonable efforts to investigate the matter with the delivery provider and will provide any remedy required by the Australian Consumer Law or other applicable law.
15.4. Our Shipping Policy also forms part of these Terms.
15.5. If no one is available to accept delivery at the delivery address, the parcel may be left in a safe place where authorised, or an advice card containing delivery information may be left.
The parcel may be redirected to the nearest courier depot, collection location or Australia Post branch. You are responsible for collecting the parcel.
You may be required to pay a reasonable additional charge for redelivery where the redelivery is required because you provided an incorrect or incomplete delivery address, failed to collect the parcel or requested redelivery.
16. Prices, Fees and Charges
16.1. The prices of Products, delivery and other charges displayed on the Site are current at the time of issue. However, we reserve the right to change prices at any time before we accept an Order from you.
16.2. Unless otherwise indicated, all prices shown on the Site are in Australian dollars (AUD).
16.3. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept, as applicable:
16.3.1. the purchase price of each Product ordered; and
16.3.2. any applicable delivery fee for delivering the Product to you; and
16.3.3. any other fees and charges disclosed to you before you place the Order.
16.4. ARVICK is not currently registered for GST, and GST is not charged on Orders.
16.5. The purchase price of each Product is shown on the Product page on the Site when you place your Order, subject to any applicable promotion or discount.
16.6. You acknowledge that we are not required to match a previous or future price for a Product, including a price offered during a promotion, unless required by law.
16.7. Standard Australian delivery is included in the Product price. Any other delivery options you select, including express or international
delivery, are payable in addition to the purchase price and will be displayed before you place your Order.
16.8. You may be required to pay additional delivery charges, disclosed before you place your Order where applicable, for:
16.8.1. international delivery;
16.8.2. express or urgent delivery; or
16.8.3. redelivery resulting from an incorrect or incomplete delivery address, failure to collect the parcel or an unsuccessful delivery attempt caused by circumstances within your control.
17. User Accounts, User Content and Your Obligations
17.1. You covenant and warrant that:
17.1.1. all information and data provided by you through the Site, including as part of the customer registration process or any other data-gathering process such as competition entries, reviews, feedback or otherwise, is true, accurate, complete and up to date;
17.1.2. the person receiving the Product at the delivery address is authorised by you to do so;
17.1.3. you have complied and will comply with all relevant laws relating to your use of the Site and your placement of any Order through the Site;
17.1.4. you will ensure that your Login ID and password used to access the Site, and the details of your account, are kept safe and secure;
17.1.5. you will promptly notify us if you become aware that there is or has been an unauthorised use of your Login ID, password or account, or any other security breach relating to your account;
17.1.6. you will promptly advise us of any changes to the information provided by you as part of the customer registration process;
17.1.7. you are not permitted to use any account belonging to another account holder;
17.1.8. you acknowledge that your account is a feature of the Site and agree that we have the right to reasonably modify, control and manage the account, including suspending or deleting the account or modifying data
associated with it, where reasonably necessary to operate or protect the Site, enforce these Terms or comply with applicable law.
Any personal information associated with the account will be handled in accordance with our Privacy Policy and applicable law;
17.1.9. you are responsible for any costs associated with your access to or use of the Site, including internet access fees;
17.1.10. you are responsible for any person you authorise to use your Login ID and password to order Products through the Site, and for unauthorised activity resulting from your failure to keep your Login ID and password safe and secure;
17.1.11. you agree that we may charge you for all Products that we agree to supply to you and that you, or a person authorised by you, ordered using your Login ID and password through the Site;
17.1.12. you will check and follow any labels, care instructions, safety information or usage instructions supplied with a Product before use;
17.1.13. any information provided by you may be collected, held, used and disclosed in accordance with our Privacy Policy and applicable laws; and
17.1.14. you will not:
17.1.14.1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
17.1.14.2. use the Site in a manner or way, or post or transmit to or through the Site any material that interferes with other users or our other customers, defames, harasses, threatens, menaces or offends any person, or prevents another person from using or enjoying the Site;
17.1.14.3. make fraudulent or speculative enquiries, purchases or requests through the Site;
17.1.14.4. use another person’s details without their permission or impersonate another person when using the Site;
17.1.14.5. post or transmit any obscene, indecent, inflammatory or pornographic material, or any other material that may give rise to civil or criminal proceedings;
17.1.14.6. tamper with or hinder the operation of the Site;
17.1.14.7. knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Site;
17.1.14.8. use any robot, spider, site-search and retrieval application or other mechanism to retrieve or index any portion of the Site without our prior written consent;
17.1.14.9. modify, adapt, translate or reverse-engineer any portion of the Site, except to the extent expressly permitted by law;
17.1.14.10. remove any copyright, trade mark or other proprietary-rights notices contained in or on the Site;
17.1.14.11. reformat or frame any portion of the web pages that form part of the Site without our prior written consent;
17.1.14.12. create accounts by automated means or under false or fraudulent pretences;
17.1.14.13. use the Site to violate the security of any computer or other network or engage in illegal conduct;
17.1.14.14. take any action that imposes, or that would in our reasonable opinion result in, an unreasonable or disproportionately large load on the infrastructure used to operate the Site;
17.1.14.15. use the Site other than in accordance with these Terms; or
17.1.14.16. attempt any of the above acts, or engage or permit another person to carry out any of the above acts.
17.2. User Content
17.2.1. You agree that we are permitted to display, reproduce, share and otherwise use, for purposes connected with operating and promoting ARVICK, the Site and our Products, any content submitted by you to ARVICK or publicly posted by you while tagging or clearly identifying ARVICK.
This may include photographs, comments, ideas, video or audio clips, tags, reviews or other submissions created by you in connection with your use of the Site or purchase of a Product (“User Content”);
17.2.2. you agree that any User Content must comply with all applicable laws;
17.2.3. you agree that you cannot use, create, generate or release User Content in a way that will:
17.2.3.1. infringe the intellectual property rights of any person, promote any illegal activity or violate the legal rights of another person; or
17.2.3.2. harass, intimidate, embarrass, annoy, inconvenience, harm, defame, impersonate, discriminate against or deceive another person or group; and
17.2.4. we reserve the right, at our reasonable discretion, to refuse to publish or to remove any User Content if we reasonably believe that it violates these Terms or applicable law, infringes another person’s rights or could expose ARVICK to liability.
We will not refuse to publish or remove a genuine review solely because it contains a negative opinion.
- Promotions/Sales
18.1. ARVICK may offer sales, promotional discounts or other promotional benefits from time to time. Any specific conditions displayed or communicated in connection with a promotion apply in addition to these Terms.
18.2. The eligibility requirements, promotional period, applicable Products, available stock and method of applying a discount will be as stated in the relevant promotion.
18.3. Unless otherwise stated, promotions, discount codes and other offers cannot be combined.
18.4. We may amend, suspend or withdraw a promotion before accepting an Order. Any amendment, suspension or withdrawal will not affect an Order that we have already accepted.
18.5. Nothing in this section permits us to make a false or misleading pricing or promotional representation or limits any right or remedy available under the Australian Consumer Law.
- Warranty and Liability
19.1. Australian Consumer Law
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.
The benefits provided under the ARVICK 2-Year Warranty are additional to, and do not limit, any rights or remedies available to you under the Australian Consumer Law or any other applicable law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy where doing so would be unlawful.
19.2. Warranty Provider
The ARVICK 2-Year Warranty is provided by:
Jake Andrew O’Callaghan, a sole trader trading as ARVICK
ABN: 75 298 220 076
Address: 206/10 Third Avenue, Palm Beach QLD 4221
Email: jake@arvick.com.au
Phone: 0499 978 782
19.3. Warranty Period
Unless a Product page expressly provides a longer period, ARVICK Products are covered by our voluntary ARVICK 2-Year Warranty for two years from the date the Product is delivered to the original purchaser.
Proof of purchase may be required. An ARVICK Order confirmation, receipt or other reasonable evidence of purchase will be accepted.
This voluntary warranty applies in addition to any rights that may continue beyond the two-year warranty period under the Australian Consumer Law.
19.4. What the Warranty Covers
The ARVICK 2-Year Warranty covers defects in materials, stitching, zippers, components and workmanship, including a functional failure occurring while the Product is being properly used for its advertised and intended purpose.
A Product has not necessarily failed merely because it displays reasonable cosmetic wear resulting from normal use.
Where ARVICK approves a claim under this voluntary warranty, ARVICK will, at its cost and subject to applicable law:
19.4.1. repair the Product;
19.4.2. replace the Product with the same Product;
19.4.3. replace the Product with an equivalent Product if the original Product is unavailable; or
19.4.4. provide another remedy agreed with you.
Where a Product is replaced under this warranty, ARVICK will pay the reasonable cost of shipping the replacement Product to you.
19.5. What the Voluntary Warranty Does Not Cover
To the extent permitted by law, the voluntary ARVICK 2-Year Warranty does not cover damage or failure caused by:
19.5.1. an accident, collision, drop, fall, crushing or impact;
19.5.2. normal wear and tear, surface abrasion, fading, staining or cosmetic deterioration that does not materially affect the Product’s function;
19.5.3. incorrect use or failure to follow ARVICK care or usage instructions;
19.5.4. misuse, neglect, abuse, overloading or use outside the Product’s advertised purpose;
19.5.5. modification, alteration or unauthorised repair;
19.5.6. exposure to chemicals, fuel, fire, excessive heat, sharp objects or animals;
19.5.7. water ingress where the Product was advertised as water-resistant rather than waterproof;
19.5.8. loss, theft or disappearance of the Product; or
19.5.9. damage to items stored in, attached to or used with the Product.
An exclusion applies only to the extent that the excluded event caused or contributed to the claimed damage. These exclusions do not limit any non-excludable rights under the Australian Consumer Law.
19.6. Making a Warranty Claim
To make a warranty claim, contact ARVICK at jake@arvick.com.au or through the Contact Us page and provide:
19.6.1. your name and contact details;
19.6.2. your Order number, receipt or other reasonable proof of purchase;
19.6.3. a clear description of the fault and when it occurred;
19.6.4. clear photographs or video showing the Product and the fault; and
19.6.5. any other information reasonably required to assess the claim.
ARVICK may request that the Product be returned for inspection before approving the claim. Do not return a Product until ARVICK has provided return instructions.
ARVICK will assess claims within a reasonable period and may reject a claim under the voluntary warranty where the information supplied or an inspection of the Product reasonably demonstrates that the failure is not covered by this warranty.
Any rejection of a voluntary warranty claim does not prevent you from exercising any rights available under the Australian Consumer Law.
19.7. Warranty Claim Expenses
ARVICK will pay reasonable return shipping and replacement shipping costs for an approved warranty claim.
Where reasonably practicable, ARVICK will provide a prepaid return label or reimbursement instructions before the Product is returned.
ARVICK may not reimburse unauthorised express freight, international duties or other expenses incurred without ARVICK’s prior approval, except where reimbursement is required by law.
If inspection reasonably establishes that the Product is not defective and the claim is not otherwise covered, ARVICK may require you to pay the reasonable cost of returning the Product to you. You will be informed before any such cost is incurred.
19.8. Fraudulent or Abusive Warranty Claims
ARVICK may reject a claim under the voluntary ARVICK 2-Year Warranty where it reasonably believes that:
19.8.1. the claim contains false or misleading information;
19.8.2. the Product has been deliberately damaged;
19.8.3. photographs, proof of purchase or other evidence have been altered;
19.8.4. the claimant is not the original purchaser; or
19.8.5. the claim is otherwise fraudulent or an abuse of the voluntary warranty.
Nothing in this clause permits ARVICK to restrict any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
- Returns
20.1. Our Returns and Refunds Policy, including the ARVICK 30-Day Try & Decide Guarantee, forms part of these Terms.
20.2. To request a return, email jake@arvick.com.au and follow the process set out in our Returns and Refunds Policy. To help avoid delays, do not send a Product to ARVICK until you have received return instructions.
20.3. Nothing in our Returns and Refunds Policy or these Terms excludes, restricts or modifies any right or remedy available under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
21. Termination and/or Suspension of Account
21.1. We may suspend, terminate or limit your access to the Site and, where relevant, your account by providing reasonable notice where reasonably necessary to discontinue the relevant service, protect the Site or comply with applicable law.
Without limiting the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and, where relevant, your account where:
21.1.1. we reasonably suspect fraudulent activity, unlawful conduct or a material breach of these Terms that cannot be remedied;
21.1.2. you fail to remedy a breach within ten (10) days after receiving written notice from us requiring you to remedy that breach; or
21.1.3. immediate action is reasonably necessary because of an emergency, security threat or legal requirement.
21.2. You may stop using the Site at any time and for any reason. You may also request the closure of your account by contacting ARVICK.
21.3. We may stop making the Site or any part of it available. Where reasonably practicable, we will provide notice before doing so.
Any Order that we have already accepted will not be affected unless the Product ordered is no longer available, we are prevented from supplying it, the Order is connected with suspected fraud or unlawful conduct, or completing the Order would breach applicable law.
Where we cannot supply an accepted Order, we will notify you and refund any amount paid for the Product that cannot be supplied in accordance with these Terms and applicable law.
22. How-To Content and General Content
22.1. You acknowledge that video clips, photographs, instructions and other content contained on the Site may demonstrate the packing, setup, care or use of ARVICK Products, including the use of the cable pass-through with power banks, charging cables and electronic devices.
22.2. Before relying on or attempting to replicate an activity shown on the Site, you must:
22.2.1. read and follow the relevant ARVICK Product information, care instructions and safety information;
22.2.2. check the instructions, specifications and compatibility requirements supplied by the manufacturer of any power bank, charging cable, electronic device or other third-party product being used;
22.2.3. obtain advice from a suitably qualified person where appropriate;
22.2.4. comply with all applicable laws, regulations and safety requirements; and
22.2.5. employ safe practices when carrying out the activity.
22.3. Videos, photographs, written instructions and other content on the Site are intended to provide general information only.
ARVICK endeavours to ensure that its content is accurate and complete. However, Products, electronic devices, power banks, charging cables and usage requirements may vary, and the content may not be suitable for every Product, device or circumstance.
22.4. Subject to applicable law, ARVICK is not responsible for loss, damage or injury caused by:
22.4.1. misuse of a Product;
22.4.2. failure to follow ARVICK’s care, usage or safety instructions;
22.4.3. the use of an incompatible, damaged, defective or unsafe power bank, charging cable, electronic device or other third-party product;
22.4.4. modification or alteration of a Product; or
22.4.5. an attempt to perform an activity shown on the Site without taking reasonable safety precautions.
Nothing in this clause excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including liability arising from ARVICK’s own breach or negligence where that liability cannot lawfully be excluded.
22.5. Video, photographic, written and other content on the Site may be viewed for personal and non-commercial use.
Content must not be copied, reproduced, altered, distributed, published, built upon or transformed except as permitted under clause 6.2, with our prior written consent or where permitted under the Copyright Act 1968 (Cth) or another applicable law.
All text, images, graphics, sound files, animations, videos and their arrangement on the Site are protected by copyright and other intellectual property laws in Australia and other countries. All rights are reserved.
23. General Provisions
23.1. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, that provision or part is severed to the extent necessary in that jurisdiction.
The remainder of these Terms continues in full force and effect, and the validity or enforceability of that provision in another jurisdiction is not affected.
This clause does not apply where severing the provision would materially alter the basic nature of these Terms or would be contrary to public policy.
23.2. These Terms are governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.
Nothing in this clause prevents a consumer from relying on any rights, remedies or jurisdiction available under applicable law.
24. Privacy Policy and Your Personal Information
24.1. Please refer to the Privacy Policy page on the Site, which forms part of these Terms.
ARVICK will handle personal information in accordance with its Privacy Policy and applicable privacy laws.