Terms & Conditions

OVERVIEW

These Conditions constitute all the terms and conditions governing the sale of products and services by Measured Australia to the exclusion of all other Terms and Conditions.

Throughout this document,

(a) the terms “Measured”, “we”, “us” and “our” refer to Measured Australia

Throughout this document, the terms “Buyer”, “the customer”, “user”, member”, “guest” and

(b) “you” refer to anyone who visits and/or uses the Measured website (www.measured.com.au), attends an event with which Measured is affiliated or interacts with Measured in any other way

(c) a reference to a “third party” in these terms includes a reference to any agent or contractor of Measured or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of orders made through the website, and includes any of them;

(d) a reference to the “website” means www.measured.com.au

(e) “Order” means an offer made by you in response to an invitation to treat made by Measured via the website.

You and Measured may enter into a sale contract for the sale and supply of products and services described in this website or in other marketing materials, by you making an offer to Measured via the website or in any other way, to purchase the goods and services at the specified price, subject to these Terms.

No modification to these Conditions, whether put forward in the Buyer’s purchase order, specification, or otherwise, shall bind Measured unless agreed to in writing.

1 - ONLINE STORE TERMS

The Measured website (www.measured.com.au) is operated by Measured Australia. Measured offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”,”Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes and before placing any Order. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Measured reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage Measured may suffer as a result of a transaction entered into by a minor.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2 - GENERAL CONDITIONS

to the extent permitted by law, we reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information, materials and services on this website are provided for general information purposes only. It is current at the time of first publication. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to info@measured.com.au. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Measured may, at any time, change, add or remove content from this website without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products. Product Images are for illustrative purposes only and may vary from products depicted or described. Reproduction of colours is as accurate as possible, but please note that colours on actual products made and shipped may vary slightly from what is displayed on your monitor. You acknowledge that variations to grain, pattern, texture and colour occur in natural products and these may be evident in the finished product and might vary from material samples provided. Some imagery may be computer generated renders or virtual representations and may vary from the actual product.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6 - ADVICE AND TECHNICAL INFORMATION

Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Measured in relation to any product(s) is given in good faith and is believed by Measured to be appropriate and reliable at the time it was given. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Measured in relation to any products supplied by Measured is approximate only.

7 - INTELLECTUAL PROPERTY RIGHTS

You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website are owned by Measured.

The intellectual property rights including moral rights in respect to all furniture products displayed and available for sale on this website are owned or licensed by Measured ABN 66 614 999 576.

You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior written consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.

Measured takes the protection of its intellectual property rights seriously and expressly reserves its rights in relation to those products.

Many Measured products are the subject of registered design and/or patent protection. You may not without written permission from Measured or any relevant rights holder, use the design or any substantially similar to it.

Measured products may be covered by Copyright protection as artistic works and works of artistic craftsmanship. You may not without written permission from Measured or any relevant rights holder, use the Copyright in any of those works or any work substantially similar to it.

The get-up and trade dress of the Measured website is owned by Measured. You may not, without written permission from Measured, use any of the trade dress or get-up to represent that any product is from Measured.

Signs on the website may be registered and unregistered trademarks. You may not without written permission from Measured, use any of the trademarks, registered or unregistered, without written permission from Measured.

The Measured logo and words are registered trademarks of Measured and used under a limited license by Measured.

8 - ORDERS

(1) Please choose carefully as refunds are not provided if you have simply changed your mind, or made a wrong selection. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Once an Order has been accepted, no cancellation of that Order is valid.

(3) Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.

(4) Representations of products for sale made by Measured via the website do not constitute an offer to sell but an invitation to treat.

(5) You and Measured may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(a) placing an electronic Order for the products using the website;

(b) you confirming the Order details in accordance with the procedure on the website;

(d) the acceptance of that offer by Measured.

(6) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(a) any requirements set out in these Terms have been met;

(b) the electronic instruction containing the offer from you enters and is recorded in our database;

(d) Measured receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(7) You acknowledge that:

(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Measured for reasons beyond either party’s reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(b) to the extent permitted by law, Measured is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

(c) Measured may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(d) Measured may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(8) You will receive an email from Measured as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at info@measured.com.au

(9) If your Order is not accepted by Measured, Measured will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(10) Measured 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.

(11) Any representations made about stock availability are accurate to the last known stock level and are subject to change. If Measured cannot supply a particular product, Measured will notify you by telephone or email as soon as possible.

(12) Measured will deem to have accepted your Order by email of confirmation for the sale and the fulfillment of your Order.

(13) If you have any queries about the progress of your Order please contact us at info@measured.com.au.

9 - PRICE

(1) Prices shown on the Measured website are listed in Australian dollars and include GST where applicable. Products purchased on the website are eligible for shipping rates specified on the website. If a quote is requested by means other than the website, the price of the goods and the price for shipping will be as shown on that Quote and may vary from the website. Prices are subject to change.

(2) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(3) Our pricing does not include installation, unless otherwise stated on a Quote provided by Measured.

(4) We reserve the right to correct any errors published on the website.

(5) Unless otherwise stated on a Quote or Tax Invoice, a Quote or Tax Invoice for delivery in Australia is valid for 30 days and Quote or Tax Invoice for delivery outside of Australia are valid for 7 days.

10 - PAYMENT

(1) Unless specified in writing by Measured, all payments must be made in full prior to delivery.

(2) Payments may be made via direct bank transfer into the Measured bank account listed on Quote or Tax Invoice supplied by Measured and will be subject to any terms and conditions of the provider.

(3) Credit Card: Measured accepts credit card payments for purchases made on the Measured website. These do not incur a surcharge for credit card processing.

Any credit card payments requested by the customer for products not purchased directly through the website will attract a surcharge of 3% of the total value of the Tax Invoice. The surcharge will be processed at the time of payment.

11 - SUPPLY AND DELIVERY

Our furniture can be shipped to most postcodes within Australia and around the world.

(1) Subject to you complying with these Terms and acceptance of your Order by Measured, Measured will sell and supply the products to you as shown on your Tax Invoice.

(2) Products may not be available for immediate delivery. Measured will endeavour to deliver your Order within the lead time indicated at the time your Order was placed or in subsequent communication with you following the receipt of the Order. You agree that your Order for any customised furniture will be subject to the timing outlined in your Quote or Tax Invoice, whichever is the most recent. Measured will contact you on receipt of your Order to notify you of the indicative delivery date.

(3) If Measured gives you notice that it will be unable to dispatch your Order placed via the website within 20 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Measured will arrange for a full refund of any payment made by you to be processed.

(4) Delivery times after dispatch may be greater for regional or remote areas.

(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.

(6) Unless specified, delivery will be “kerbside” and does not include delivery inside premises, unpacking, assembly, removal of packaging or placement. If you are unable to accept delivery a storage fee may be payable. Storage fees will be charged at $75 per cubic metre per week plus GST until delivery has been completed and are payable prior to final delivery. If delivery has not occurred within 30 calendar days of the first delivery attempt, you forgo your rights to the product and you may be charged a disposal fee.

(7) If you are unable to accept the delivery when delivery is attempted, transport, and re-delivery costs may apply.

(8) If any difficulties may be involved in the delivery (such as stairs, lifts, and lift capacity or narrow entries), you must advise and receive an agreement from Measured in advance of placing the Order by email to info@measured.com.au.

(a) If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

(b) Any additional costs in relation to access into your premises, e.g. crane, are your responsibility.

(c) If it is not possible for the products to be delivered to your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery.

(d) In addition, storage fees will be charged at $75 per cubic metre per week plus GST until delivery has been completed and are payable prior to final delivery. If delivery has not occurred within 30 calendar days of the first delivery attempt, you forgo your rights to the product and you may be charged a disposal fee.

(9) Should you arrange your own delivery then the goods become your responsibility upon collection from Measured’s pick up location. Unless agreed to in writing, goods must be collected within 30 days of the date stated on your written communication that the goods would be ready for collection.

(10) The terms of this clause apply where you select to have your goods delivered to a specified address.

(11) The delivery address cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(12) Measured will endeavour to deliver your Order within any stated timeframes for dispatch, however, Measured does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(13) Measured cannot and will not accept responsibility for delivery failures or delays by any third-party delivery contractor.

(14) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases, you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery. Photographic evidence must be provided by email to info@measured.com.au.

(15) A quoted period for delivery will only start on the date you provide final specifications and finishes schedules (as applicable), or on the date you pay the non-refundable deposit, whichever is the later. We may extend the quoted period if you request any variation to finish schedules after that date.

(16) Delivery will be deemed to be made when the Goods are delivered to the place specified in the Sales Order or Tax Invoice or when the goods are collected by the service allocated by the customer or collected by the customer themselves.

(17) While Measured shall use all reasonable endeavours to meet agreed delivery dates, Measured shall not be liable to the Buyer for any expense, cost, loss or damage whatsoever should it be delayed or prevented from delivering the products or otherwise performing any of its contractual obligations due to any cause or circumstance of any kind whatsoever.

(18) Risk in the products will pass to the Buyer upon the Buyer collecting or taking delivery of the products. The Buyer shall indemnify Measured for all loss, damage, expense or cost incurred by Measured as a result of the Buyer failing to take delivery of any products.

(19) Confirmation of lead time for dispatch is subject to final order quantity and product availability.

(20) To the extent permitted by law, Measured will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card is fraudulently used or is used in an unauthorised manner.

12 - RETURNS POLICY

In order to facilitate a return under these Terms and Conditions, e-mail info@measured.com.au

The following does not apply to Warranty claims. For Warranty claim, refer to our latest Measured Warranty Commitment document.

(1) Measured will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the Order, unless we choose to do so in Measured’s sole discretion.

(2) If we do accept a return of your Order, you agree to arrange return of the Goods, at your cost and risk, to our nominated location.

(3)You must retain all original packaging and wrap the product in a safe and secure manner so that it may be returned to Measured without damage. Where the original packaging is either damaged or no longer suitable to protect the product once shipped, you as the Buyer must arrange by whatever means to have the product(s) safely and securely wrapped.

(4) The Buyer must comply with directions from Measured staff to facilitate a return.

(5) It is the Buyer’s responsibility to ensure that returned items are returned safely. Measured takes no responsibility for items damaged or lost in transit when being returned to Measured.

(6) You also agree that we are entitled to deduct from any refund of the Payment made by you, the cost of the original delivery and an amount that we reasonably believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the Goods.

(7) Measured do not offer a refund, exchange or credit note on custom made furniture or custom made soft furnishings unless the item is faulty, significantly different from what was shown to you, or in breach of manufacturer’s warranties or consumer guarantees or where otherwise required by law.

(8) Where an item is found to be faulty, Measured will provide a replacement along with the necessary service and support. Alternatively, at Measured’s sole discretion, Measured may choose to provide a refund for the portion of the Order that contained damaged or faulty good(s).

13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

For more detail, please review our Returns Policy.

14 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

15 - THIRD-PARTY LINKS

Certain content, products and services available via our website or online presence may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

18 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through theService are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the extent permitted by law, Measured excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of any bugs, viruses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or the quality or fitness for any purpose of any linked sites.

Except as expressly provided in these terms, and to the fullest extent allowed by the law, Measured and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

In no case shall Measured, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

21 - INDEMNIFICATION

You will at all times indemnify, and keep indemnified, Measured including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms.

This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.

22 - TRANSFERS AND ASSIGNMENT

If Measured merges, sells or otherwise change control of its business or this website to a third-party, Measured reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Measured has collected from you and any agreements it has made with you.

23 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

24 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

25 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

26 - FORCE MAJEURE

Measured will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to strikes, shipping, accidents, unavailability of materials, manufacturer's delays failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

27 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in force in Victoria, Australia, and the Buyer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Measured makes no representations that the content of the website complies with the laws of any country outside Australia.

28 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

29 - CONTACT INFORMATION

Questions about the Terms should be sent to us at info@measured.com.au

Measured Australia

24 Cook Street

McCrae, VIC 3938

Australia

ABN 66 614 999 576