Emergency Case LLC (the “Company”) requires all users of the www.emergencycase.com (the “Site”) and/or its software (the “Software”) to comply with the following Terms and Conditions (Including the Company’s Privacy Policy). The Company advises you to please read our Terms and Conditions of Use (‘Terms”) and Privacy Policy, which oversees the course in which the Company will handle any personal information that you provide to us via the Site. By accessing the Site and/or the Software, you indicate your acknowledgement and acceptance of these Terms and Conditions. Your access to and use of the Site and/or the Software is subject to your compliance with all applicable international, federal, state and local laws and regulations. The Company reserves the right to change or modify these Terms and Conditions at any time and your continued use of the Site following the posting of changes to these Terms and Conditions (including the Company’s Privacy Policy) will mean you accept those changes. The Company reserves the right to seek all legal and equitable remedies available for any violation of these Terms and Conditions. The Terms and Conditions apply to all visits and use of the Site and/or the Software, as well as to the trademarks, copyrights and other proprietary material, information and/or recommendations found on or provided to you on or through the Site.
Trademarks and Copyrights: The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site and the Software are registered and unregistered trademarks, and the property of the Company and its licensors or content providers, or applicable third parties. You are prohibited from using any Mark(s) without the express prior written consent the Company or the appropriate third party, which may own the Mark(s). You are prohibited from modifying, copying, adapting, reverse engineering, decompiling, disassembling, distributing, or selling any content on the Site or the Software for any purposes. All intellectual property, design, source code and contact contained in the Site and the Software is proprietary and is protected by copyright. Except as explicitly permitted under this or another agreement with the Company, no portion or element of the Site, the Marks or the Software may be copied or retransmitted via any means and the Site, the Marks and the Software and all related rights shall remain the exclusive property of the Company or its licensors unless otherwise expressly agreed.
DISCLAIMER OF WARRANTIES: THE CONTENT OF THIS SITE AND/OR THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
LIMITATION OF LIABILITY: YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, THIRD PARTY SERVICE PROVIDERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OWNERS, LICENSORS, AND ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE FROM AND AGAINST ALL CLAIMS. DEMANDS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF (A) YOUR BREACH OF THESE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY; AND/OR (B) YOUR USE, ACCESS AND/OR ACTIVITIES IN CONNECTION WITH THE SITE OR ANY SERVICES RELATED TO THE SITE; (C) ANY CONTENT (INCLUDING, WITHOUT LIMITATION ANY USER MATERIAL) YOU SUBMIT, POST, TRANSMIT, UPLOAD, MODIFY, OR OTHERWISE MAKE AVAILABLE THROUGH THE SITE, YOUR USE OF THE SITE OR YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; AND (D) ANY CLAIM THAT THE USER MATERIAL YOU SUBMITTED, TRANSMITTED OR UPLOADED CAUSED DAMAGE TO A THIRD PARTY. WE MAY PARTICIPATE IN THE DEFENSE OF ANY CLAIM AT OUR OWN COST. YOU SHALL NOT SETTLE ANY CLAIM THAT AFFECTS US WITHOUT OUR PRIOR WRITTEN APPROVAL. EMERGENCY CASE DOES NOT CONTROL AND IS NOT RESPONSIBLE OR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, TO PROPERTY OR LIFE, OR OTHER DAMAGES THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR MISUSE OF THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Accuracy Of Information: The Company ensures the accuracy of the information included in this Site by taking the necessary steps. However, the Company will take no responsibility for errors or exclusions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
Monitoring & Removal Of Content: We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with these Terms and Conditions and any other operating rules established by us, or for any other reason or purpose. When we find material to be in violation of these Terms and Conditions or otherwise objectionable or inaccurate we reserve the right, for any reason, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site. In order to operate the Site properly, we reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party to protect ourselves, our sponsors, our Site users and visitors; to comply with legal obligations or governmental requests; or for any other reason or purpose.
Copyright Infringement Claims: If you believe that any posted material or content on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Please file a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice.
To send a notice, please forward the following information to customerservice@emergencycase.com:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the allegedly infringing material and of where the allegedly infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
And a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Links to Third Parties: The Site may provide links to websites operated by parties other than the Company. The Company does not control these websites and is not responsible for their contents, accuracy or availability of information provided. You therefore acknowledge and agree that your use and/or visitation/access of these sites, including your use of any content, products, advertising or other material available through such linked site, is entirely at your own risk and is subject to the terms and conditions of use applicable to such linked site and such materials. These links are provided for reference only; inclusion of these links does not necessarily imply an endorsement by or association with us of such sites or of materials, products, advertising, or services provided on other websites. These other sites have their own separate privacy policy and may send their own cookies to you, collect data or solicit personal information. The Company does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connectiong with the use of or reliance on any content, goods or services available on any provided links.You are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
User Account: An account may have to be created in order to access some features of the Site. You may never use another individual’s account without permission. When creating your account, accurate, current and complete information will be required. Any information provided by you that is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are required to immediately notify the Company of any breach of security or unauthorized use of your account. Activity that occurs on your account is solely your responsibility, along with maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account secure.
User Material: Photographs and other material and content you post on, submit or upload to the Site you shall retain all of your ownership rights in your name (collectively, the “User Material”) 2. However, by submitting, posting and/or uploading User Material to the Site, you hereby grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting, posting or uploading User Material to the Site you represent and warrant that (a) no other party has any rights to the User Material or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c) your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify the Company for all claims resulting from the User Material you supply. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
Misuse of the Site: You are prohibited from using the Site to post, upload or transmit any material which is or may be infringing that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder), that expresses or implies that any statements made by you are endorsed by the Company, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense or otherwise violates any local, state, federal or international law, violate the rights of any party or which may otherwise give rise to civil liability or violate any law, or that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses). You are also prohibited from using the Site to advertise or perform any commercial solicitation.
Unsolicited Ideas: The Company maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to the Company. You should therefore not post any Materials on the Site or send these to the Company by e-mail or otherwise. In the event you do send the Company any Materials, despite the request not to do so, the Company shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and the Company shall not be bound by any confidentiality obligation in respect of such Materials.
No Waiver: May any part of these Terms not be enforced by the Company, these Terms shall not constitute a waiver of any the Company’s right hereunder for past or future actions.
Termination: If you have any dissatisfaction with (a) these Terms and Conditions, (b) any policy or practice of ours in operating the Site, including, without limitation, our Privacy Policy, or (c) any content available through the Site or any change therein, your only solution is to stop visiting and using the Site. You agree that your access to or use of the Site, including your membership in the Site, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files may be effected without prior notice and at any time may be terminated. Therefore, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and not be required to make such information or files available to you after any such termination.
How to Contact Us: If you have any questions or comments about the Site or any of our products, please contact us at customerservice@emergencycase.com.
Returns And Refunds / Delivery Policies: When we make it possible to order products via the Site, please also read the terms and conditions and returns and refunds policy that will apply to those purchases. You can find these terms and conditions and returns and refunds policy on the page where you place your order.
Miscellaneous: You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the use of this Site. BY USING THIS SITE, YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ACCEPT AND BE BOUND BY THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS AND WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS AND TO ABIDE BY AND COMPLY WITH THESE TERMS & CONDITIONS OF USE.
Governing Law and Jurisdiction: Any issues involving this site shall be governed by the laws of the state of California and anybody using this site agrees that any lawsuit shall be litigated in state or federal court in California. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.
Last revised August 31, 2016.
Terms and Conditions: PUT IT ON LAY-BUY
Layby Terms, agreements and contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY powered by PayPal checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
- Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy. - Storage and Identification of Lay-Buy Products
Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification. - Cancellation of Lay-Buy by Buyer
The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
c) The total amount paid under the Lay-Buy; and
d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately. - Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) The seller stops trading; or
c) The products are no longer available - Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it. - Cancellation where business closes
If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy - Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer. - Effect of Cancellation
Subject to the above, when a Lay-Buy is cancelled by either party, Seller must refund all money paid within 14 days less a AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement. - Cancellation Charge
Seller shall charge the buyer a AUD $25 cancellation fee under the terms of all Lay-Buy deals. - Banking Charges back Fees
The seller shall be entitled to pass-on to the buyer all charge back fees received by any given bank for any given customer charge back from any given Lay-Buy deal. - Service Fee
Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a once-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable. - Lay-Buy Reporting
Seller shall have reporting in place for all Lay-Buy deals covering Down Payment made, Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made). - Delivery
The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals. - MISCELLANEOUS
14.1 This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
14.2 This Agreement may be amended only by a written instrument duly executed by all parties hereto.
14.3 The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
14.4 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
14.5 Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.