Welcome to Electronic Adjustable Beds Australia (EABA). The following document contains the Terms and Conditions that govern the use of this website. They describe your rights and responsibilities and what you can expect from EABA. Please take a few minutes to review these terms and conditions. Your use of the website constitutes your agreement to the following rules and be bound by them. If you do not agree with any of these terms and conditions please do not use this website.
EABA reserves the right to add to, delete or change these Terms and Conditions because of frequent changes in Internet technology and applicable law. As such, you should check these terms from time to time for such changes.
The trademarks and logo are the trademarks of EABA. All other trademarks are the property of their respective owners, who are not associated with EABA. Permission to use documents delivered from this World Wide Website and/or server and related graphics is restricted. The name of EABA.com.au or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are responsible for typographical, technical or descriptive errors of products herein.
We welcome your comments regarding this website, however, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively. “comments”) sent to EABA shall be and remain the exclusive property of EABA. Your submission of any such comments shall constitute an assignment to EABA of all rights, titles and interests in all copyright and other intellectual property rights in the comments. EABA will be entitled to use, reproduce, disclose, publish and distribute any materials you submit for any purpose whatsoever, without restriction and without compensation you in any way. For this reason, we ask that you not send us any comment that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
We have done our best to display as accurately as possible the colours of the products as shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Correction of Errors and Inaccuracies; limitations on quantity
Whilst EABA makes every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at anytime without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
You must indemnify and hold EABA and its employees, representatives, agents, affiliates, directors officers, managers and shareholders (the “Parties”) harmless for any damage, loss or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand or action (“claim”) brought against any of the parties alleging that you have breached any of these terms and conditions. If you have to indemnify EABA under this section, EABA will have the right to control the defence, settlement and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without EABA’s express written permission.
Limitation of Liability
In no event shall EABA or any of its subsidiaries or affiliates be liable for any direct, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation exclusion may not apply to you.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the state of Western Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of EABA. These Terms and Conditions (including all of the policies and other agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) container the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understanding between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise thereof or the exercise of any other such right, power or privilege. You and EABA are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms and conditions. The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect.