At Ezygonow we take your security seriously, making use of an SSL certificate to secure your web site transactions, logins and account details to ensure the highest levels of security, confidence and trust in our web site and online brand.
How does a server certificate work?
Your browser requests a secure channel (via “https:”) from our server, then the browser and the server negotiate their highest common encryption strength (e.g., 256-bits) and exchange the corresponding encryption keys (this exchange is normally done using 2048-bit encryption strength). The 256-bit encryption key is then used for this particular instance of SSL, for all from-to exchanges between the browser and the server. The next https session will have a new session key.
The SSL certificate guarantees the security of the connection between the browser and the server. Once data is in the server, it is up to the server admin to make sure the data remains protected.
Terms & Conditions of Use of Website and of Sale
EEZYGO PTY LTD
ABN 77 165 122 645
TERMS AND CONDITIONS OF USE OF WEBSITE AND OF SALE
1 Definitions and Interpretation
In these terms and conditions (Terms), unless the context otherwise requires:
(a) Claim means any claim, action, proceeding, loss, damage, cost, expense or liability whatever and however arising (whether or not presently ascertained, immediate, future or contingent and includes legal costs on a full indemnity basis);
(b) Contract has the meaning given in clause 3(d) of these Terms.
(c) Customer means a person who places an Order with Ezygonow to acquire a Product or Products;
(d) Ezygonow means Eezygo Pty Ltd ABN 77 165 122 645 of South Australia;
(e) Insolvency Event means:
(i) an administrator is appointed to a party or action is taken to make that appointment;
(ii) a party ceases to carry on business;
(iii) an application is made to a court for an order appointing a liquidator, or provisional liquidator in respect of a party or one of them is appointed whether or not under a court
(iv) a receiver or a receiver and manager of property of a party is appointed whether by a court or otherwise;
(v) a party enters into a compromise or arrangement with its creditors or a class of them;
(vi) a party is or states that it is unable to pay its debts when they fall due;
(f) Intellectual Property Rights means all intellectual property rights and know-how including copyright, trademarks, patents, designs, circuit layout rights, the right to protect confidential information, know-how and trade secrets and any application or right to apply for registration of those rights;
(g) Order means an order submitted to Ezygonow as defined in clause 3(b);
(h) Products means the product(s) promoted and sold by Ezygonow from time to time and as set out in an Order;
(i) User means any person who accesses or views the Website irrespective of whether that person becomes a Customer.
(j) Website means Ezygonow’s website(s) being www.ezygonow.com.au and any other website utilised by Ezygonow for its Products from time to time;
In these Terms unless the context otherwise requires:
(a) a reference to these Terms or any Contract is a reference to these Terms or any Contract as amended, varied, novated, supplemented or replaced from time to time;
(b) a reference to a party to these Terms, a Contract, or any other instrument, includes that party’s legal personal representatives, transferees executors, administrators, successors and permitted assigns;
(c) headings are for convenience only and shall not affect the interpretation of these Terms;
(d) a provision of these Terms must not be construed against a party because that party was responsible for the preparation or inclusion of the provision in these Terms;
(e) a reference to money, dollars, or $ is a reference to the currency of Australia;
(f) a reference to any legislation or any provision of any legislation includes:
(i) all regulations, orders or instruments issued under the legislation or provision; and
(ii) any modification, consolidation, amendment, re-enactment, replacement or codification of such legislation or provision;
(g) words or expressions:
(i) importing the singular include the plural and vice versa;
(ii) importing a gender include the other genders; and
(iii) denoting individuals include corporations, firms, unincorporated bodies, authorities and instrumentalities;
(h) where a word or phrase is defined or given meaning, any other part of speech or grammatical form has a corresponding meaning;
(i) a reference to a clause number or schedule or annexure number is a reference to a clause of these Terms.
2 Use of and access to Website
(a) By accessing or viewing the Website, the User agrees to comply with these Terms.
(b) Ezygonow grants each User a limited, revocable licence to access and use the Website and its content in accordance with these Terms.
(c) A User may display, print or download the content of the Website on the User’s computer, mobile phone or other telephonic or mobile device for information, entertainment and personal use only.
(d) The User cannot use the Website or any part of it for any commercial use or for any public display (commercial or non commercial).
(e) Ezygonow reserves the right to suspend, terminate or otherwise deal with a User’s limited licence in relation to the Website and its content at any time.
(f) Each User must comply with all relevant laws relating to the User’s use of the Website and placement of any order through the Website.
(g) In using the Website a User must not:
(i) distribute all or any part of the Website other than as intended or as agreed by Ezygonow in writing;
(ii) do anything which alters the Website, or interferes with or affects its working other than as intended or as agreed by Ezygonow in writing. This includes removing anything from it, adding anything to it, linking it to or from another website;
(iii) alter or modify any part of the Website;
(iv) access third party submissions or other content on the Website other than as expressly authorised by Ezygonow;
(v) use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose that is illegal, unlawful, breaches the privacy or Intellectual Property Rights of another, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, offensive, vulgar, harmful, advocating violence, threatening, abusive, harassing, or violates any applicable law, statute, ordinance or regulations, or which is prohibited by these Terms;
(vi) use or launch any automated system including (without limitation) any offline readers, spiders or robots that access the Website in a way that:
(A) sends a larger number of request messages to Ezygonow’s servers or to other users of the Website than can reasonably be produced by a human in the same period using a conventional on-line web browser;
(B) sends spam to any other user;
(C) annoys or harasses any other user;
(vii) collect or harvest any personally identifiable information;
(viii) store, permanently download or redistribute content from the Website other than as intended or as agreed by Ezygonow in writing;
(ix) circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent, limit or restrict use or copying of any content from the Website;
(x) attempt to decompile or reverse engineer any software contained on the Website;
(xi) transfer the materials to another person or ‘mirror’ the materials on any other server;
(xii) use any data listed on the site for commercial purposes e.g. through price or information scraping.
(h) Ezygonow is entitled without notice, but is not obliged to:
(i) use, alter, update and monitor the content of the Website, at any time and at its sole discretion;
(ii) remove from the Website any content.
(i) A User must never create a link to or from the Website or any part of the Website.
(j) The Website may contain links and other pointers to websites owned or controlled by third parties. These links are provided for convenience only and are not endorsed by Ezygonow.
(k) When accessing third party websites a User should read the terms and conditions applying to the use of those websites.
(l) Ezygonow has no control over the content, practices or policies of any third party websites and therefore takes no responsibility in respect to them. By using the Website to access third party websites the User expressly releases and indemnifies Ezygonow from any and all liability arising from the User’s access or use of any third party website.
(m) If a User uses the Website to submit Orders, the User is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer, and the User agrees to accept responsibility for all activities that occur under its account or password. A User cannot transfer its account to another person.
(n) No part of any content of the Website may be reproduced or provided to the public, in any form and by any means, without Ezygonow’s written permission.
(o) The User agrees that the User’s access to and use of the Website will be at the User’s sole risk.
(p) The User continually indemnifies Ezygonow against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:
(i) the User’s use of and access to the Website;
(ii) a breach of these Terms;
(iii) a wilful, unlawful or negligent act or omission by the User;
(iv) the User’s violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws;
(v) a claim that the User caused damage to a third party;
(vi) the User’s use of any information obtained from or through the Website.
(q) The Website is provided on an ‘as is’ and ‘as available’ basis.
(r) Ezygonow does not promise the User any of the following:
(i) that the User will have uninterrupted or error-free access to or use of the Website by any method;
(ii) that death, personal injury or property damage may not occur as a result of the User’s access to and use of the Website or any information on the Website or accessed from the Website;
(iii) that the Website or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the Website by any third party;
(iv) to the extent permitted by law, that the content of the Website is accurate, complete, or suitable for a particular purpose. The User must rely on the User’s own judgment;
(v) that there will not be any unauthorised access to or use of Ezygonow’s secure servers which may result in the User’s personal or financial information being accessed;
(vi) that the User’s personal settings or information will not be affected or deleted or the User’s messages will not be delivered incorrectly;
(vii) that the User’s internet or mobile service provider will allow the User access to the Website. The User is responsible for ensuring the User’s service provider will allow the User access to the Website and its content and for any costs and service fees associated with the access;
(viii) that the User’s computer, mobile or other hardware devices will allow the User access to the Website. The User is responsible for ensuring the User’s devices will allow the User access to the Website and its content and for any costs and service fees associated with the access.
3 Provision of Products
(a) Users must place orders for Products with Ezygonow at the Website, and submit payment details, delivery details, and personal information as required by Ezygonow from time to time to process an order.
(b) Once an order or transaction number and confirmation of receipt has been produced to the User, the order referred to in clause 3(a) is taken to have been submitted to Ezygonow (Order).
(c) Subject to Ezygonow agreeing otherwise, no Order will be processed by Ezygonow unless and until cleared funds have been received from the Customer.
(d) A contract for the supply by Ezygonow of the Products Ordered to the Customer will not be formed until the Customer receives a notification from Ezygonow that the Order has been processed, and such contract will be taken to comprise these Terms, the content of the Order and any other terms expressly agreed in writing between Ezygonow and the Customer (Contract). A Customer is deemed to have accepted these Terms by placing an Order with Ezygonow.
(e) Once a Contract is formed the Customer cannot change or cancel a Contract.
(f) Ezygonow may terminate a Contract if an Insolvency Event occurs in relation to the Customer.
(g) Any dates for delivery of the Goods are approximate only. Time for delivery shall not be of the essence in any Contract.
(h) If as a direct or indirect result of natural disaster, industrial dispute, accident, government restriction, war, civil disturbance, inability to acquire necessary materials, services or Products or any other cause (of whatever nature) outside of Ezygonow’s control Ezygonow is unable to perform its obligations under these Terms Ezygonow is released from those obligations to the extent of such inability, and the Customer shall not be entitled to claim compensation for any such failure by Ezygonow to perform its obligations.
4.1 Price and Payment
(a) Subject to Ezygonow agreeing in writing otherwise, Products and any additional costs such as shipping as specified on the Website must be paid for in full in cleared funds at the time of placing an Order with Ezygonow.
(b) Ezygonow will not despatch Products to the Customer until the Price has been paid unless Ezygonow has agreed in writing otherwise.
(c) Ezygonow will issue a tax invoice to the Customer for the Price at the time of confirmation of the Contract.
(d) Prices are inclusive of GST unless expressly stated otherwise and GST must be paid at the time of payment for the Products.
(e) Ezygonow may amend prices or any published price list at any time. Prices at the time of formation of a Contract remain fixed for that particular Contract.
(f) If a Customer who has credit terms with Ezygonow defaults in payment then, without prejudice to any other right or remedy of Ezygonow, the Customer must pay to Ezygonow interest on any money overdue during the period of the default at the rate of 3% per annum calculated daily on the outstanding amount from and including the date payment was due up to (but not including) the date payment in full is received together with all of Ezygonow’s costs and expenses (including legal costs assessed on a solicitor and client basis) incurred in connection with the default.
(g) If the Customer defaults in payment for more than seven days after the scheduled date, Ezygonow may charge the Customer a storage fee per day of $5.00 per box of Product(s) ordered for the entire period the ordered Product(s) remain in Ezygonow’s possession after the scheduled dispatch date.
(h) Ezygonow reserves the right, at any time and in its absolute discretion, to withdraw credit facilities or impose conditions on them.
4.2 Credit terms and guarantee
(a) Ezygonow may agree from time to time to supply particular Products without having received payment in full from the Customer at the time of submitting an Order if the Customer agrees to provide to Ezygonow any form of security specified by Ezygonow in respect of the Customer’s obligations under the relevant Contract.
(b) If Ezygonow has approved a credit facility on Ezygonow’s then current terms for the Customer then invoices must be paid within 14 days of the date of invoice.
(c) If Ezygonow specifies that it requires a “Bank Guarantee”, then the following sub-clauses apply:
(i) the Customer must provide a bank guarantee assuring its performance of the Contract prior to formation of the Contract (Bank Guarantee);
(ii) If the Customer fails to provide the Bank Guarantee in accordance with these provisions:
(A) Ezygonow may terminate the relevant Contract by notice in writing to the Customer; and
(B) Ezygonow is not required to perform any of its obligations under the relevant Contract;
(iii) Where the Customer has lodged a Bank Guarantee and the Customer breaches the relevant Contract, Ezygonow may by notice in writing to the Customer declare the
whole or any portion (at Ezygonow’s discretion) of the Bank Guarantee forfeited to Ezygonow, and the amount so declared becomes Ezygonow’s property absolutely
(provided that the exercise of this right is without prejudice to any other rights or remedies Ezygonow may have as a result of the breach).
(d) If Ezygonow specifies that the form of security required is a “Parent Guarantee”, then the
following sub-clauses apply:
(i) the Customer must nominate and provide the name and ABN of its parent company or a holding company which will serve as the “Guarantor”;
(ii) the name and ABN of the Guarantor will be deemed to be included in the relevant Contract, and the Guarantor agrees to be bound by the provisions of this clause 4.2(d);
(iii) the Guarantor unconditionally and irrevocably guarantees to Ezygonow:
(A) the due and punctual performance of all obligations undertakings covenants and warranties of the Customer under the relevant Contract (Guaranteed
(B) the due and punctual payment to Ezygonow of all moneys which the Customer is or at any time becomes actually or contingently liable to pay to or for the account of Ezygonow under or in connection with the relevant Contract including, without limitation, by way of:
(I) principal, purchase price, interest, fees, costs, indemnities, charges, duties or expenses; or
(II) payment of damages under or in relation to or as a result of any breach of or default under or in relation to the relevant Contract, including a failure to properly and adequately perform the Guaranteed Performance (Guaranteed Moneys);
(C) If the Customer does not perform the Guaranteed Performance or pay the Guaranteed Moneys to Ezygonow on time and in accordance with the relevant Contract then the Guarantor agrees to perform the Guaranteed Performance Ezygonow or pay the Guaranteed Moneys to Ezygonow, as the case may be, within five days of written demand from Ezygonow. A demand may be made at any time and from time to time;
(D) The Guarantor unconditionally and irrevocably indemnifies Ezygonow against loss Ezygonow suffers because:
(I) of an Insolvency Event of the Customer; or (II) of any failure to properly or adequately perform the Guaranteed Performance; or (III) the Guaranteed Moneys are not or have never been recoverable from the Guarantor under clause 4.2(d)(ii) or from the Customer because of any other circumstance whatsoever including, without limitation, any transaction relating to the Guaranteed Moneys being void, voidable or unenforceable; (E) The Guarantor as principal debtor agrees to pay Ezygonow within five days of written demand a sum equal to the loss which is suffered by Ezygonow;
(F) Neither the liability and obligations of the Guarantor under this clause 4.2(d) nor the rights of Ezygonow hereunder shall be affected (in whole or in part) by anything which but for this provision might otherwise have that affect at law or equity including without limiting the generality of the foregoing:
(I) the granting to the Customer or any other person of any time waiver or other indulgence or the discharge or release of the Customer or any other person;
(II) any transaction or arrangement that may take place between Ezygonow and the Customer or any other person;
(III) an Insolvency Event occurring in respect of any of Ezygonow, the Customer, the Guarantor or any other person;
(IV) Ezygonow exercising or refraining from exercising its rights under any rights powers or remedies against the Customer or any other person;
(V) the amendment, variation, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer either in whole or in part of any security interest now or in the
future held by Ezygonow from the Customer or any other person or by the taking of or failure to take any such security interest;
(VI) the failure or omission by Ezygonow or the Customer to give notice to the Guarantor of any default by the Customer or any other person under the relevant Contract;
(VII) Ezygonow obtaining a judgment against the Customer or any other person for the payment of any of the Guaranteed Moneys;
(VIII) any legal limitation, disability, incapacity or other circumstances related to the Customer, the Guarantor or any other person, whether with or without the consent of any person;
(G) Each obligation of Guarantor under this clause 4.2(d) shall be a principal obligation and shall not be treated as ancillary or collateral to any other right or obligation;
(H) The Guarantor acknowledges entering into the relevant Contract for valuable consideration;
(I) This guarantee and indemnity shall be a continuing guarantee and indemnity and shall remain in full force and effect until all Guaranteed Performance has been properly and adequately performed and all Guaranteed Moneys have been paid in full;
(J) The Guarantor hereby agrees to pay and hereby indemnifies and shall keep indemnified Ezygonow against all proper costs and expenses (including legal costs on a solicitor and own client basis) incurred by Ezygonow in and about the enforcement or attempted enforcement of this clause.
(e) The expiry or termination of any Contract, the provision of any Products, or the acceptance of any payment by Ezygonow, does not affect Ezygonow’s rights to exercise any of the powers
under this clause 4.2.
(f) The exercise by Ezygonow of any power conferred by this clause 4.2 in respect of any particular default by the Customer does not compel Ezygonow to exercise the same power in respect of
any subsequent default by the Customer.
(a) Risk in the goods passes to the Customer at the time the Contract is formed.
(b) Title passes to the Customer upon the later of delivery to the Customer or receipt of payment in full of the Price.
(c) Where Ezygonow has supplied Products on credit terms, the following clauses apply:
(i) the Customer acknowledges that until title in and to the Products passes to the Customer in accordance with this clause:
(A) the Customer holds the Products as bailee for Ezygonow;
(B) the Customer must store the Products separately and in such a manner that they are clearly identified as Ezygonow’s property; and
(C) Ezygonow will be entitled at any time until title in and to the Products passes to the Customer to demand the return of the Products and, except where the Customer is an individual, Ezygonow will be entitled without notice to the Customer and without liability to the Customer to enter (or have Ezygonow’s representatives enter) any premises occupied by the Customer in order to search for and remove the Products;
(ii) the Customer acknowledges that if the Customer sells, leases or otherwise deals with the Products or products incorporating the Products before title in and to the Products has passed to the Customer in accordance with this clause, the Customer will hold the proceeds of sale, lease or such dealing on trust for Ezygonow in a separate account;
(iii) if title in and to the Products has not passed to the Customer in accordance with this clause, the Customer’s implied right to sell, use or consume the Products will immediately terminate upon the happening of an Insolvency Event in respect of the Customer;
(iv) the Customer acknowledges that Ezygonow has a security interest (for the purposes of the Personal Property Securities Act 2009 (PPSA) in the Products and any proceeds described in clause 5(c)(iii) until title passes to the Customer in accordance with this clause;
(v) the Customer agrees, at its cost in all things, to do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which Ezygonow asks and considers required for the purposes of:
(A) ensuring that the security interest is enforceable, perfected and otherwise effective, including if applicable, as a purchase money security interest;
(B) enabling Ezygonow to apply for any registration, complete any financing statement or give any notification, in connection with the security interest so that Ezygonow has the priority it requires; or
(C) enabling Ezygonow to exercise its rights in connection with the security interest;
(vi) the Customer agrees to pay or reimburse Ezygonow’s reasonable costs in connection with anything required to be done under this clause;
(vii) the Customer need not give any notice under the PPSA (including a notice of verification statement) unless the notice is required by the PPSA and the requirement
to give it cannot be excluded;
(viii) Ezygonow and the Customer agree that they are not required to disclose any information of the kind referred to in Section 275(1) of the PPSA; and
(ix) if there is any inconsistency between Ezygonow’s rights under this clause and its rights under Chapter 4 of the PPSA, this clause prevails.
The Customer acknowledges that:
(a) any trade marks marked on the Products being the name of the Product, the manufacturer of the Product, or otherwise marked with an “®” are trade marks of the manufacturer and are not
registered in Australia or registered to or by Ezygonow;
(b) there are risks inherent in providing personal details using the internet and Ezygonow is not liable for any loss suffered by the Customer for use of the Website;
(c) animals and people should not be allowed to ingest the contents of the Products, and if this occurs the animal or person should drink large quantities of water and seek medical advice;
(d) if the particles of the Products come into contact with eyes, flush with water immediately and seek medical advice;
(e) the Products and their contents before and after use should not be flushed or placed into toilets, septic systems or wastewater treatment plants or systems;
(f) the Customer is responsible for the safe and lawful disposal of the Products by the Customer in the jurisdiction in which Customer disposes of the Products;
(g) Ezygonow makes no representations that the Products have been tested or meet the Australian Standard for Biodegradability (AS4736-2006) in Australia.
7 Warranties and limitation of liability
(a) These terms relate to the supply of Products by Ezygonow and:
(i) are subject to the provisions of the Competition and Consumer Act 2010 (as amended) and any other relevant and applicable legislation;
(ii) supersede and exclude all other discussions, representations (contractual or otherwise), understandings and arrangements relating to the supply of Products by Ezygonow to the Customer;
(iii) exclude all statutory rights of the Customer, except those which are not able to be excluded by law.
(b) To the extent permitted by law and regardless of any other provision of these terms, Ezygonow and its agents shall not be liable for any Claims arising in connection with the supply of Products under these Terms. This limitation of liability extends, without limitation, to special, consequential, direct and indirect loss or damage and loss of income or profits and loss of business, whether caused by any defect of unsuitability in the Products, by late delivery, by late completion, by the negligence or Ezygonow or its agents or by any other thing, and whether founded in contract, tort, statute or any other source of law.
(c) In respect of liability that cannot be excluded, Ezygonow’s only liability shall be to do whichever of the following Ezygonow chooses:
(i) replace the Products; or
(ii) supply equivalent goods; or(iii) repair the Products; or
(iv) pay the cost of repairing or replacing the Products.
(d) In the event that a contract constitutes a supply of goods to a consumer as defined in the Competition and Consumer Act 2010 (Cth) as amended, the Customer may be entitled to statutory consumer guarantees and in that event Ezygonow does not exclude, restrict or modify those consumer guarantees. In all other respects and to the extent permitted by law:
(i) Ezygonow limits its liability to the amount paid by the Customer to Ezygonow for the Products. The limitation of liability is not cumulative. It applies as an all-up figure limited liability where the Customer buys more than one Product;
(ii) if the Customer has not commenced legal action under a contract within six months from the date of event that allegedly gave rise to such action, the Customer releases Ezygonow from all liability in respect of that event;
(iii) Ezygonow excludes from these Terms all conditions, warranties and terms implied by statute, general law or custom, except where, if Ezygonow excludes an implied condition or warranty, such exclusion would contravene any statute or law or cause part or all of any relevant clause in this contract to be void; and
(iv) the Customer indemnifies Ezygonow against all Claims, losses, demands, expenses, damages, personal injury or death whether caused or arising as a result of Ezygonow’s negligence or otherwise, brought by any person in connection with any matter, act, omission or error by Ezygonow, Ezygonow’s agents, subcontractors or employees in connection with any Products, and any Claim against Ezygonow will be reduced to the extent that negligence or other act or omission on the Customer’s or the Customer’s agent’s part contributed to the Claim.
(e) Subject to the Competition and Consumer Act 2010 (Cth) (as amended), the Customer indemnifies Ezygonow from and against all Claims for:
(i) injury to or death of any person;
(ii) damage or destruction of any property, caused by the use or misuse of the Products other than in accordance with Ezygonow’s recommendations.
(f) The Customer is, and Ezygonow is not, responsible for the safe and lawful disposal by the Customer of the Products in the jurisdiction in which Customer disposes of the Products.
(g) The Customer indemnifies Ezygonow for any loss suffered by Ezygonow as a result of information or data uploaded by the Customer to the Website or loss of the Customer’s
8 Refunds and Manufacturers Warranty
Due to health regulations Ezygonow is unable to accept returns on any opened packages or used items. Our warranty policy covers manufacturer’s defects on items purchased on ezygonow.com.au only. Our warranty policy is valid for 1 year from the date of purchase of the product. Items that are damaged beyond warranty will NOT be covered.
(a) Ezygonow may assign the benefit of any Contract or any rights under any Contract at any time by notice in writing to the Customer.
(b) Ezygonow may sub-contract its obligations under these Terms or under any Contract without the prior written of the Customer.
(c) These Terms may be amended by Ezygonow at any time and it is the obligation of the Customer to confirm the content of these Terms from time to time.
(d) Each Contract constitutes the entire agreement between Ezygonow, the Customer and if applicable any Guarantor with respect to the particular supply contemplated by that Contract and supersedes all prior agreements, arrangements and understandings in respect of the subject matter of that particular Contract. No quotation, confirmation, shipment or delivery docket, invoice or other document issued by or on behalf of the Customer at any time in relation to the supply made under the relevant Contract will vary the relevant Contract.
(e) Ezygonow’s failure or delay to exercise a power or a right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right. No waiver of any power or right under these Terms shall be effective unless it is in writing.
(f) None of the provisions of these Terms shall merge on termination, settlement or completion of these Terms or be affected by the execution or delivery of any other instrument.
(g) The whole or any part of these Terms that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provision of these Terms.
(h) Each release and indemnity in these Terms:
(i) is a continuing obligation;
(ii) is a separate and independent from the other obligations set out in these Terms; and
(iii) survives the termination of these Terms and of each Contract.
(i) These Terms are governed by and will be construed in accordance with laws of South Australia, if applicable, and the Commonwealth of Australia. Each of the parties submit to the non-exclusive jurisdiction of the courts of and exercising jurisdiction in South Australia.
(j) While Products will be the Products shown, the cosmetic design may vary slightly from that shown on the Website.