Terms and Conditions

Terms and Conditions

1. Welcome to the website of Clever Eli and it’s associated entities.

General Terms

2. Clever Eli created this website (Website) for the use and enjoyment of its customers, potential customers and referrers.
3. By accessing, browsing or using Website, you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms and Conditions). Please read these Terms and Conditions carefully before using the Website.
4. These Terms and Conditions are in addition to any other terms and conditions that apply to the transaction you have entered into with Clever Eli, products you or your organisation have purchased from Clever Eli, and the products you or your organisation are interested in. If you do not agree to be bound by these Terms and Conditions, then please immediately discontinue your use of the Website.
5. Clever Eli may amend these Terms and Conditions at its discretion and without notice by posting the amended Terms and Conditions on this Website. A copy of the current Terms and Conditions will be available on this Website at all times.
6. By continuing to use this Website you accept these Terms and Conditions as they apply from time to time. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions your right to use and access this Website automatically terminates.
7. Clever Eli reserves the right to change or discontinue any feature of the Website, the hours of availability and the equipment required for access.

Disclaimer of Liability

8. Whilst care is taken to ensure the content on this Website is current and accurate, Clever Eli does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information and content contained on the Website (collectively, Content), or that it is suitable for your intended use.
9. The Content, including any newsletters and publications, on this Website is intended for informational purposes only to provide a summary and general overview on matters of interest. The Content is provided by Clever Eli in good faith on an “as is” basis without warranty of any kind.
10. You agree and acknowledge that you have not made known to Clever Eli either expressly or by implication, any purpose for which you require the Website, and you have the sole responsibility of satisfying yourself that it and the Content is suitable for your intended use.
11. The Content provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it specifically to your personal and financial circumstances.
12. The Website may contain historical Content that is not current and is provided for reference purposes only.
13. Clever Eli makes no warranties, guarantees or representations that the Content on the Website will not cause damage or that the Content is free from any computer virus or other defects. Clever Eli is not responsible to you or anyone else for any loss or damage which may be incurred in connection with the use of this Website or any of the Content. This includes, but is not limited to loss suffered in connection with out of date Content or the transmission of computer viruses.  Clever Eli recommends that virus checks should be done on any Content downloaded. The use of the Website and the Content is at your own risk.
14. All warranties, representations and implied terms and any liability which may arise in relation to your access to the Website or the Content are expressly excluded to the extent permitted by law.
15. Clever Eli reserves the right to suspend or terminate your access to the Website, at its sole discretion, for any reason.
16. Clever Eli will use reasonable endeavours to ensure that the Website is available continuously. However, Clever Eli does not guarantee that access to the Website will be continuous or uninterrupted.
17. To the extent permitted by law, Clever Eli, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Content or its products, any opinions displayed on the Website, or any information made available in response to any enquiries for its products you or your organisation are interested in.
18. To the extent permitted by law, Clever Eli will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Website results in the need for servicing or replacing of any equipment, Clever Eli will not be liable for those costs to the extent permitted by law.
19. Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Clever Eli is limited to the re-supply of the Content on the Website or its product, or the reasonable costs of having the Content or product re-supplied.

Prohibited use of the Website

• You warrant that you will not use this Website for any purpose prohibited by these Terms and Conditions and acknowledge that you will not:

20. use this Website to endorse or promote concepts that are hateful or disparaging towards any race, religion, political affiliation, gender, sexual orientation or nationality or otherwise offend any person;
21. publish, link to or disseminate any content which is unlawful, obscene, indecent, offensive or inappropriate;
22. impersonate any other person or entity or share information which reasonably identifies another person without their consent.
23. You acknowledge and agree that you release, discharge and indemnify Clever Eli from and against any claim or demand which may be brought against or made upon Clever Eli by you or any third party in connection with your use of the Website.

Links to other sites

• You may from time to time be able to, through hypertext or other computer links, gain access to other websites operated either by Clever Eli, its affiliates or other third parties (Third Party Linked Sites).

23. Unless otherwise specified, the Third Party Linked Sites are not under Clever Eli’s control. The Third Party Linked Sites may have different terms of use and may be subject to different laws. Clever Eli is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Clever Eli provides these links for your convenience only. You link to any such Third Party Linked Sites at your own risk. Clever Eli is not a party to any transaction between you and a Third Party Linked Site. Unless specified, Clever Eli does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

Intellectual Property

24. The copyright on the Website is owned by Clever Eli and/or its affiliates. All rights reserved.

27. You acknowledge and agree that all Content, coding, graphics, images and animations available on this Website is protected by copyright, trade mark or other intellectual property rights and laws.
28. No part of the Content displayed on the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Clever Eli’s prior written consent. However, you may download and print these Terms and Conditions for your personal non-commercial use.
29. You expressly acknowledge that your use of the Website does not result in you gaining any right, title or interest to the Content or any other aspect of the Website.
30. Commercial use of the Website and the Content is expressly prohibited.
31. The Trade Marks which appear on this Website are the Trade Marks of their respective owners. Use of these Trade Marks without the owner’s consent will infringe the respective owner’s intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or Trade Marks, except with the express written consent of the respective owner.

Spam

• Any publication of electronic mail addresses on this website is to facilitate communications relating to Clever Eli’s functions and must not be inferred as consent by Clever Eli or the relevant addressee to receiving unsolicited commercial electronic messages.

Modifications to products

33. Prices for Clever Eli products are subject to change without notice. Clever Eli reserves the right at any time to modify or discontinue its products (or any part or content thereof) without notice at any time. Clever Eli will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of its products.

Products

34. Clever Eli’s products are available exclusively online through the Website. These products may have limited quantities and are not subject to return or exchange. Clever Eli has made every effort to display as accurately as possible the colours and images of its products. Clever Eli cannot guarantee that your computer monitor’s display of any colour will be accurate. Clever Eli reserves the right, but are not obligated, to limit the sales of its products to any person, geographic region or jurisdiction. Clever Eli may exercise this right on a case-by-case basis. Clever Eli reserves the right to limit the quantities of any products that it offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Clever Eli. Clever Eli reserves the right to discontinue any product at any time. Any offer for any product on the Website is void where prohibited. Clever Eli does not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product will be corrected.

Accuracy of billing and account information

35. Clever Eli reserves the right to refuse any order you place with us. Clever Eli may, in its 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 Clever Eli makes a change to or cancels an order, Clever Eli may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Clever Eli reserves 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 by you. 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.

Miscellaneous

• By accessing and using this Website, you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia, and the courts entitled to hear appeals from those courts. If you access this Website from other jurisdictions, you are additionally responsible for compliance with local laws.

37. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
38. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) are valid and enforceable.
39. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
40. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.
41. This version of these Terms and Conditions is dated October 2020. Click here to view our Privacy Policy.