The website www.exosol.co and its related services, products, websites, tools and applications (Website) is owned and operated by Exosol Pty Ltd ACN 642 141 820 (Exosol).
By using the Website or by giving your acceptance to these terms, you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website.
These Terms and Conditions may be updated by us from time to time. Each order placed on the Website will be a separate contract and the Terms and Conditions that apply to an order will be the Terms and Conditions that you agree to at the time you place your order. Each time you use our Website you should revisit these Terms and Conditions.
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) Account means an account on the Website;
(b) Australian Consumer Law: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
(c) Applicable Laws means any Applicable Laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services;
(d) GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth);
(e) Loss: any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
(f) our, us and we means Exosol;
(h) Products has the meaning given to it under clause 2.1 and includes any other products offered for sale on the Website or as advised by us from time to time;
(i) Services means any services we provide to you, including the Website and the sale of Products;
(j) User means any person who uses the Website;
(k) you and your means a User.
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g) unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
(h) an obligation of two or more parties binds them jointly and each of them severally.
2.1 Exosol supplies antibacterial mobile phone cases and protectors as well as other products available through the Website (together the Products).
2.2 Although the Products have been tested to international standards to kill 99.9% of the following bacteria: Staphylococcus aureus (Staph) and Escherichia coli (E. coli), such warranty can only be provided in certain circumstances in accordance with clause 12. The disclaimer in clause 13 will also apply to such use of the Products. Please ensure you have carefully read these clauses in addition to these Terms and Conditions.
2.3 Your use of this Website is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions.
2.4 You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of this Website.
3.1 In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
3.3 When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Website in our absolute discretion.
4.1 You may place an order for Products by following the prompts and submitting your order to us in accordance with these Terms and Conditions.
4.2 Orders may be placed online via the Website or by other means, including by social media, by phone, over the counter or email. Any reference to Website in these Terms and Conditions, shall include references to other online locations in which the Products are sold (such as on Facebook business pages or Instagram business pages). Whether you are placing an order on the Website or by any other means, these Terms and Conditions will apply to you.
4.3 Any order placed through this Website for Products is an offer by you to purchase the Products for the purchase price specified on the Website at the time you placed the order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Products ordered, subject to any limitations shown on the Website.
4.4 All orders placed are subject to availability. We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason in our absolute discretion, including after you have placed the order and received a confirmation email and/or invoice. You may not cancel your order once it is placed other than as expressly provided for in these Terms and Conditions.
4.5 By placing an order, you are declaring that the goods are for your personal use only and will not be made available for resale by you or by someone with your authority.
4.6 In the event that you purchase a Product on behalf of a third party, you represent and warrant that you have made that third party aware of these Terms and Conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these Terms and Conditions.
4.7 The purchase price for the Products will be displayed on the Website at the time you place an order. Prices and all other details for our Products are subject to change without notice.
4.8 You must make payment via a method accepted by us as stated on the Website. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Products at the time you place your order, except where otherwise specified. Any payments for an order of Products must be received in cleared funds before the Products will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected, and you will be notified by the Website.
4.9 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
4.10 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.
4.11 Prices shown on the Website are in Australian Dollars (AUD) and exclude GST, unless otherwise stated.
4.12 All payments must be made in clear funds without set-off or counter claim.
4.13 Each order placed by you will be a separate and binding agreement between you and Exosol in respect of the supply of the Products.
(a) The costs of delivery of Products are payable in addition to the price of the Products. You must pay the costs of delivery of Products at the time you place an Order or at another time notified by us.
(b) You are required to pay any duties or taxes which attach to the supply and delivery of your order, including but not limited to custom duties, at the same time as you pay for the Products or otherwise at the time specified by us.
(a) Once we have accepted your order and received a valid payment in full for the Products and delivery costs we will endeavour to process, post and deliver the Products within the timeframes as specified on the Website however we are unable to guarantee delivery within these timeframes.
(b) Please note that all shipping times listed on the Website are an estimate time of delivery only and to the extent permitted by law, we are not responsible for any delays experienced or loss or damage suffered as a result.
(c) If you provide us with authority to leave the Products, then your order will be left unattended at the delivery address you nominate at checkout. In doing so we will not be held liable for any loss or damage that is suffered to your Products as a result.
(d) If you do not provide us with authority to leave then if you are not available to take delivery of the Products, or if another issue arises we may at our discretion either take your Products to a delivery service provider’s local depot or redeliver the Products to your delivery address at a later date.
(e) If we deliver your order to your delivery address and you do not collect the order within the timeframe specified by us or our delivery agent, the order may be returned to us. In that case, you must contact us to arrange for re-delivery and collection (in which case you must pay the costs of return, storage and redelivery prior to the Products being re-delivered).
(a) We deliver to most residential and business addresses across Australia, however unfortunately there are certain areas that we are unable to deliver to.
(b) If there is any delay with the delivery of your order, then we will contact you as soon as possible.
(a) All fully paid orders will be shipped by the postage carrier nominated by us. Until an order is paid for in full, title in the relevant Product remains with us.
(b) All risk in the Products ordered will pass to you:
(i) in the case of collection – upon the Products being made available at the collection address (or some other address as agreed by the parties); or
(ii) in the case of delivery – at the time the Products are delivered to the delivery address (or some other address as agreed by the parties).
6.1 We may cancel an order for Products at any time (including any orders we have accepted) without any liability to you for that cancellation for any reason including without limitation where:
(a) the Products are not available; or
(b) there is an error in the description or price of any Products on the Website relevant to your order.
6.2 If we do cancel your order, we will endeavour to notify you and provide you a refund of all payments made.
7.1 From time to time we may provide you with a promotional or coupon code for use when placing and order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code and will be advised by us.
Our 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 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. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
(a) If you purchase Products from us, and you wish to return them because you have changed your mind about the purchase, we are pleased to offer you a refund or exchange provided that:
(i) you return the item within 14 days of purchase;
(ii) you present to us your receipt or other adequate proof of purchase;
(iii) the item is in re-saleable condition, including its original packaging (if any) and is unused and as sold; and
(iv) you pay all return costs of shipping.
(a) Without limiting our rights, we will provide our own remedies equivalent to those remedies in the consumer guarantee provisions of the Australian Consumer Law where:
(i) the Products are either:
A. faulty or not of acceptable quality; or
B. not fit for their intended purpose; or
C. do not match the sample or our description; and
(ii) you can present to us your receipt or other adequate proof of purchase; and
(iii) you have complied with the notification and inspection requirements set out under clause 8.4;
(iv) the Products are returned to us in accordance with clause 8.5; and
(v) the Products are assessed by us as being faulty in accordance with clause 8.6.
(a) You must inspect all Products immediately on receipt of the Products and before use.
(b) You may reject any Products as faulty provided that you give us notice of such fault including information of your Products and the fault:
(i) in the case of a fault that is apparent on normal visual inspection, within 3 days of receipt or before use (whichever is first); or
(ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent and within the warranty period provided by the Australian Consumer Law.
(c) You must do all that is reasonable to prevent the Products from becoming faulty or mitigate any further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.
(d) We may require that you provide us with proof of the fault including by way of photographic or video evidence before you send it to us. In providing this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the fault (such as the manufacturer or third party service providers).
(a) Once we have received your information and consider it likely that there may be a fault in the Products, we will provide you with a Return Authority Number and further instructions on how to send the Products back to us. Please note that we reserve the right to assess the Products before providing a replacement or refund in accordance with clause 8.6.
(b) In sending the Products back to us:
(i) ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods. Certain Products will require certain levels of safekeeping. If you are unsure, please contact our staff today;
(ii) ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
(iii) certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Product is faulty, we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
(iv) you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited.
(a) We reserve the right to assess the condition and age of the Products before providing a replacement or refund. We will not be liable for or required to accept any return for any fault or damage where such fault or damage is caused or partly caused by or arises as a result of:
(i) your acts or omissions, including where you fail to take reasonable steps to prevent them from becoming defective or you fail to follow our instructions or standard practice for products the same as or similar to the Products;
(ii) continued use after discovering fault, or attempting to alter or repair the Products without our consent;
(iii) wilful damage, negligence or abnormal use or storage or working conditions; or
(iv) fair wear and tear.
(b) For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take up to 6 weeks to complete this process.
(c) If there is a minor fault and the Products can be repaired, we will repair it for you or refund the purchase price, at our discretion.
(d) If there is a major fault, you may choose to receive a refund, replacement or repair.
(e) In the event that we do not find a fault in the Products, the replacement or refund will be refused, and the Products will be returned to you at your cost.
(f) In the event that you fail to comply with any of your obligations set out under this clause 8, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion (acting reasonably).
Any refunds provided under this clause 8 will be issued to the same credit card(s) used for purchase and will be processed within 3 weeks of confirmation that the conditions of refund have been met.
9.1 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10.1 We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it for any reason.
11.1 Your use of the Website, and your information, must not:
(a) be false, inaccurate, misleading, fraudulent, deceptive or unlawful;
(b) be in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of this Website;
(c) infringe any third party’s rights or violate any Applicable Laws;
(d) contain any viruses or similar which could affect the integrity, operation or security of this Website;
(e) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
(f) damage the credibility or integrity of the Website or Exosol, or dilute, tarnish, or otherwise harm our brand in any way;
(g) breach or violate any of our policies;
(h) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;
(i) use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Exosol endorsement, partnership or otherwise misleads others as to your affiliation with Exosol;
(j) attempt to circumvent payment of any fees in anyway; or
(k) circumvent, disable or otherwise attempt to interfere with any security related features.
12.1 The Products have been tested to International Standards and are proven to kill 99.9% of the following bacteria, which are prevalent globally for disease and infection:
(a) Staphylococcus aureus (Staph); and
(b) Escherichia coli (E. coli).
12.2 Notwithstanding any other marketing or representation made by any person about the Products or anything stated on our Website, except as set out under clause 12.1 we make no representations and do not warrant that the Products will achieve any specific outcome or result.
12.3 We are only able to provide such warranty provided that:
(a) you use, store and maintain the Products in accordance with our instructions or user manual provided and as intended in an appropriate manner;
(b) you comply with any safety and/or product warnings provided by us in respect of the Product; and
(c) the Product has not expired.
13.1 Except to the extent expressly set out in these Terms and Conditions and to the maximum extent permitted by law, the Supplier provides the Products on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory.
13.2 Without limiting the other terms of this clause, you acknowledge and agree that:
(a) although reasonable care has been taken to provide accurate information, any content provided on the Website is intended for general guidance only and is not intended to be a substitute for medical advice, diagnosis or treatment;
(b) the Products are not intended to be used for use in an emergency. If you are suffering an acute illness or emergency condition, you should call the emergency number;
(c) we cannot and do not guarantee that the Products will prevent individuals from getting sick or remaining germ free (particularly while using the Products);
(d) we cannot and do not guarantee that the Products kill 100% of germs;
(e) we do not guarantee that the Products cannot break or crack;
(f) all pictures and images of Products displayed on the Website are for illustrative purposes only;
(g) any accessory featured with the Products may be sold separately; and
(h) we are not responsible for any information made available on this site, and we do not represent or warrant the accuracy of any information. Exosol does not promise that the Website or any content will be error-free or uninterrupted, or that your use of the Website will provide any specific results. You assume total responsibility for your use of the Website. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features.
14.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
14.2 Without limiting clause 14.1, you acknowledge and agree that we will not be liable for:
(a) any death, personal injury or damage to property arising out of or in connection with the Products, to the extent that such Loss or damage is attributable to your acts or omission (or failure to follow our instructions); or
(b) any damage to your mobile phone (including the screen) should it break and/or crack while using the Products; or
(c) any personal injury suffered by you as a result of use or installation of the Products.
14.3 Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual amounts paid by you to us under these Terms and Conditions in the one-month period preceding the matter or event giving rise to the claim.
14.4 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods, to the extent that the Australian Consumer Law applies to the Products.
14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
14.6 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
14.7 Without limitation to the other terms of this clause, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
14.8 Notwithstanding anything else in this clause, our liability will be reduced to the extent the loss or damage is caused by or contributed to by you.
14.9 Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:
(a) use your best endeavours to recover that sum before making the claim;
(b) keep us at all times fully and promptly informed of the conduct of such recovery; and
(c) reduce the amount of the claim to the extent that sums are recovered.
14.10 We will not be liable for any claim under or in relation to or arising out of these Terms and Conditions including a breach of any warranty unless:
(a) you have first made a claim under any insurance policy held by you that may cover that claim; and
(b) that claim has been denied in whole or partly by the relevant insurer.
14.11 If you recover any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms and Conditions and that amount is less than the loss or damage incurred by you, the amount of the shortfall will be the amount of your loss for the purposes of these Terms and Conditions.
15.1 You agree to indemnify us against, and hold us harmless from, any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your breach of these Terms and Conditions or any policy or the terms and policies they incorporate by reference;
(b) any claim made against us by a third party arising out of your use of the Products;
(c) any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the Products, to the extent that such damage is attributable to your acts or omission (or failure to follow our instructions); or
(d) your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of our services (including the sale of the Products).
15.2 You must make payments under this clause:
(a) in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and
(b) in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.
15.3 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
15.4 The indemnities in this clause:
(a) are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
16.1 You acknowledge that Exosol owns all right, title and interest in and to the Website, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.
16.2 You consent to Exosol transferring your data to third party IT providers, including our website host and back-up service provider which may be outside of Australia.
16.3 You agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Exosol intellectual property except with the prior written permission of Exosol or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
(b) Exosol owns all right, title and interest in and to the Website and no right, title or interest is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(c) if you add any information to the Website of any nature whatsoever that information is personally attributable to you and you warrant that you have the right to distribute that Information;
(d) you acknowledge that when you provide us with information, we may receive additional related data, such as the time, date and place you provided the Information;
(e) Exosol is not liable or responsible for any Loss that you may experience in submitting information to Exosol or for Exosol's use of your information in accordance with the licence granted.
16.4 Exosol may in its sole and absolute discretion refuse or remove any information from the Website.
17.1 Outbound links to external websites do not form part of the Website and are not under the control or the responsibility of Exosol.
18.1 We may list or provide you with third party services on the Website.
18.2 You acknowledge and agree that by utilising any third party services through our Website (such as PayPal, ZipPay or any other payment provider) you are bound by the terms and conditions of that third party. If payment is processed via credit card through PayPal, you do not have to be registered with PayPal to make payment. The payment transaction will be processed by your credit card company at PayPal’s request immediately after confirmation of the payment order and your legitimacy as a legal cardholder. You will receive further information during the order process. If payment is processed through PayPal standard or ZipPay then you may be required to register with the relevant third party and create an account.
18.3 You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party terms of agreement when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
18.4 In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
19.2 By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
19.3 You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any Products requested by you.
20.1 These Terms and Conditions are governed by the laws of New South Wales, and the parties submit to the jurisdiction of the Courts of New South Wales and relevant federal/Commonwealth courts competent to hear appears from them.
20.2 If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
20.3 You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.
21.1 You can review the most current version of the Terms and Conditions at any time at this page.
21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. We will not update our Terms and Conditions retrospectively.
22.1 If you have any questions about these Terms and Conditions, please contact us by using our contact details on the Website.