By visiting and using the information at Pens.com.au, you agree to the following:

Trademarks, logos, brands, or other intellectual property used on this site to describe firms and their products are respective trademarks of those firms or the registered proprietor of the trademark and remain the ownership of those companies. Pens.com.au has used them only for illustrative purposes and claims no ownership or legal right to use these. Pens.com.au or any of its subsidiaries or holding companies do not claim to have supplied any of the articles depicted herein to any of the owners of the logos or marks.


General disclaimers:

Use of this site is at your risk. None of us, our affiliates, or any of our or their respective directors, officers, employees, agents, contributors, third party content providers or licensors:

  • Make any express or implied representation or warranty about, or

  • Shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site.

This includes, but is not restricted, to loss or damage you might suffer as a result of any of the following:

  • Your reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.

  • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.

  • Accessing any sites or servers maintained by other organizations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and your linking to any such site is at your own risk.

  • The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.

  • Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.

  • A breach by us of our Privacy Policy (other than a willful breach).

 

Indemnification

By utilizing the Pens.com.au website, you hereby accept this User Agreement. You agree to indemnify and otherwise hold harmless Pens.com.au and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Pens.com.au ; ii) unauthorized access to or alteration of your communications with or through the Pens.com.au , or iii) any other matter relating to the Pens.com.au . Any business transactions which may arise between users from their use of Pens.com.au are the sole responsibility of the users involved.
You understand and agree that Pens.com.au may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Pens.com.au , its users, and the public.

 

Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT PENS.COM.AU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PENS.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PENS.COM.AU TOTAL CUMULATIVE DAMAGES EXCEED AUD$ 100.

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