Terms And Conditions

1. Introduction

Thank you for choosing RAMZI & CO. PTY. LTD. We are a company based in Australia bearing ABN 53602158421, and our registered address is 84 Hotham Street, Preston, Victoria 3072, Australia. These Terms and Conditions regulate the use and access of our website accessible via ramziandco.com.au / www.ramzisjewelry.com.au, social media channels, (collectively “Site”). For the sake of convenience, the term “Services” shall be included in the term “Site” wherever used throughout this document unless specified otherwise.

These Terms and Conditions, our Privacy Policy, Cookies Policy,Shipping Policy, Returns and Refunds Policy, Quality Assurance Policy, and other additional terms we make available on the Site from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Site. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Site.  By clicking “Accept” or other words synonymous to “Accept” when prompted or making an Account or, using or accessing the Site, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Site by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Site.

By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between RAMZI & CO. PTY. LTD. (hereinafter referred to as “RAMZI & CO.”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).

2. The Service

We sell various kinds of jewellery items and related products and services (“Product(s)”) through the Site. You will be able to purchase Products by placing orders through the Site (“Service(s)”). All Services are subject to our Terms.

3. Disclaimers

1. Product Pricing
   In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the Products to you at the price shown. We always try and ensure that the prices of goods shown on our Site are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the Products that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the Products (but they have not yet been dispatched), then you will receive a full refund.
2. Product Colours
   We strive to make sufficient efforts for displaying the Products listed on our Site as accurately as reasonably possible. The colours utilised in a Product, and the capabilities of your device’s screen may affect the colours that you are viewing. You hereby agree that we do not and cannot guarantee that your device screen will display accurate Product colour, texture, and other details. 
3. Product Title and Description
   You agree that we do not warrant the accuracy, completeness, reliability of any Product titles, descriptions, or other content or that the same shall be free of any errors.
4. Product Display Size
   Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography methods. Other Products may be represented at a larger than actual size in order to clearly show details, or smaller than the actual size in order to show the entire item.

4. Eligibility

1. To access all our Services and use our Site, you must:
   
   a) Be at least of age the age of majority and not disqualified from entering into contracts under any law;

   b) complete the registration process;

   c) agree to our Terms; and

   d) provide true, complete, and up to date legal and contact information

2. You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
3. By using Site, you represent and warrant that you will use Site only for non-commercial purposes.
4. By using Site, you represent and warrant that you meet all the requirements listed above and that you will not use Site in a way that violates any laws or regulations. RAMZI & CO. may refuse Service, close Accounts, remove or edit content, and cancel orders of any users, and change eligibility requirements at any time.
5. By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Site. If you do not meet any of the conditions stated herein, you shall not access/use the Site and must cease to be a user.

5. All Products Are Subject To Availability And Cancellation

Even if you place Products in your online shopping cart through the Site and submit your order for processing, your order may still be cancelled due to unavailability, and we retain the right to do so without being subject to any liability in this regard.

6. Product Prices Are Subject To Inaccuracies

Inaccuracies may occur due to many reasons, including without limits, system, or typographical errors. We endeavour to avoid these kinds of mistakes, but they may happen from time to time. We retain the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices.

 
If a Product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping your order or cancel the order and notify you of such cancellation. If your order has been shipped, you agree to either return the Product(s) or pay the difference between the actual and charged prices. The Product prices mentioned on the Site are subject to change without any notice to you.

7. Diamond Availability

All diamonds on our Site are in stock at the moment of our most recent diamond stock update, which is usually within the last 24 hours.

Rarely, a diamond which you select on the Site might be unavailable immediately or after passage of some time prior to after placing an order. In such a situation, we will strive to offer an alternative stone which may be of the same or better quality than the stone selected by you in all key characteristics including specifically Colour, Clarity, Cut, Carat, Symmetry, Polish and Fluorescence. In the event that we are not able to locate a suitable alternative, we shall process a refund within twenty-four (24) hours when you request us for a refund.

8. Diamond Certificate

Upon ordering a loose diamond, we also enclose a supplementary diamond certificate which is essentially a diamond grading report. Diamond grading experts are involved in the creation of such reports at highly respected diamond laboratories. The creation of this report is an extremely cumbersome and careful process due to which acquiring these reports is expensive. Therefore, we always require that you enclose the grading reports when you return your order. if you fail to enclose the supplementary grading report when you return your order, we will charge you an amount which shall be not less than three hundred and fifty dollars (AUD 350.00) (“replacement fee”).

9. Ownership Passage

The ownership in the Products purchased via the Site passes from us to you, upon delivery of the Products.

10. GST

For all orders, RAMZI & CO. collects GST on your behalf. The tax will be reflected in your cart at checkout.

You shall be accountable for compliance with applicable laws and regulations concerning the payment of all use taxes, duties, and other taxes and the declaration of goods in their state or country of residence.

11. No Comparison Purchasing

You cannot order several Products with the intent to choose the one you like the best and return the others back to us. We strictly disallow comparison purchasing. If you are unsure about a Product, please contact us at info@ramziandco.com.au.

12. Chargebacks

1. To threaten a chargeback to alter purchase price after an order is placed is extortion. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, and our merchant service. We will prosecute to the full extent permitted under the law.
   
   
2. An unauthorised credit card chargeback after an order has been placed is known as friendly fraud or chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with proof of delivery and, as required, file a report with the police.
   
   
3. In the case where you file a chargeback, we have the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined us in our sole and absolute discretion.
   
   
4. We shall report all wrongful or fraudulent chargeback to the local police, your bank, and relevant merchant service. We track every transaction and will use all means available to prosecute persons attempting fraud.

13. Order Approval And Cancellation

Receipt of an order confirmation message from RAMZI & CO. solely confirms that your order request has been received. Your orders are not accepted by us until the time they have been processed and approved by us. RAMZI & CO. is not obligated to complete a customer order and reserves the right to cancel Products or services to any customer for any reason at any time. The customer’s sole remedy in such cases will be the full refund of any funds that we have collected in reference to the cancelled products and/or services.

14. Personal Data

To provide you with the Site as mentioned in these Terms, it is required that we collect your basic information, which may include your name, address, phone number, credit card information, email, age, gender (“Personal data”). Please note that we do not store your credit card information. You agree that your Personal data is collected by us through your consent. For more information about our privacy practices and the privacy practices of our partner service providers, please see our Privacy Policy.

15. Term

The Term begins as soon as you access the Site and continues as long as you use the Site.

16. Account Registration

1. To utilise complete Site functionality, you need to register for a user account on the Site (“Account”). For continuous access to our Site, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
   
   
2. If you are under the age of 18 years old, you may use Ramziandco.com.au only under the guidance and direction of a parent or guardian.
   
   
3. You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
   
   
4. You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorised use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
   
   
5. You must notify us immediately on our Site of any change in your eligibility to use the Site, breach of security, or unauthorised use of your Account. You shall have the ability to delete your Account, either through the Site or through a request made on our Site.
   
   
6. You can create a Site account through your account with certain third-party social networking services such as Facebook, Instagram, Google, Twitter, Pinterest, LinkedIn (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
   
   
7. You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.

17. Prohibited Activities

As a user of the Site, you agree not to:
a) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

b) make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretences.

c) use a buying agent or purchasing agent to make purchases on the Site.

d) use the Site for advertising or offering to sell goods and services.

e) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Site Content or enforce limitations on the use of the Site and/or the Site Content or Content contained therein.

f) engage in unauthorised framing of or linking to the Site.

g) trick, defraud, or mislead us and other users of the Site, especially in any attempt to learn sensitive account information such as user passwords;

h) make improper use of our support services or submit false reports of abuse or misconduct.

i) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

j) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

k) attempt to impersonate another user or person or use the username of another user.

l) sell or otherwise transfer your profile.

m) use any information obtained from the Site in order to harass, abuse, or harm another person.

n) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Site Content for any revenue-generating endeavour or commercial enterprise.

o) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

p) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

q) delete the copyright or other proprietary rights notice from any Site Content.

r) copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

s) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

t) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

u) except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.

v) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

w) use the Site in a manner inconsistent with any applicable laws or regulations.

18. Licence

Subject to the Terms, RAMZI & CO. gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable licence to the Site (and other items displayed on the Site for download) only for purposes of using the Site in accordance with these Terms. It is expressly prohibited without the prior express permission from RAMZI & CO. to use, reproduce, modify, distribute, or store any content for purposes other than using the Site consistent with these Terms.

19. Intellectual Property Rights

The Site contains Intellectual Property of RAMZI & CO. in the form of Products, content, images, graphics, videos, audios, text, logos, and any other digital content (“Site Content”). This is an agreement for the use of Site, and you are not granted a licence to any Site Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: 

(i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site; 

(ii) remove any proprietary notices or labels from the Site Content; reproduce or copy the Site Content or any part thereof; 

(iii) modify, translate, or create derivative works based on the Site Content; 

(iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site Content; 

(v) create any derivative product from any of the foregoing; 

(vi) without our express written permission, introduce automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Site; or 

(vii) allow third parties to gain access to the Site or to Site Content in any manner other than as expressly permitted in this Terms and Conditions.

20. Trademarks

You acknowledge and agree that the Site, the names and logos and all related products and names, design marks and slogans, and all other material comprising the Site, are the property of the RAMZI & CO. or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licenced their material to us. You are not authorised to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of RAMZI & CO.. Your use of the Site confers no title or ownership in the Site or the Marks and is not a sale of any rights in the Site or the Marks. All ownership rights remain in RAMZI & CO. or its third-party suppliers, as the case may be.

21. Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information provided to us (“Feedback”) shall be the exclusive property of RAMZI & CO. and you hereby irrevocably transfer and assign to RAMZI & CO. such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

We shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, without recognition or compensation to you. You hereby through this reference grant the right to use the name that you submit in connection with such content, to us and our affiliates.

You hereby warrant and represent that (a) you are the owner and controller of the rights to the Feedback submitted by you and you possess the right to submit such Feedback to our Site; (b) the Feedback is not misleading and accurate; and (c) Utilisation of the Feedback shall not and does not violate any rights of or cause injury to any person or entity.

22. Reviews And User Contributions

1. The Site and our connected social media channels may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “ Interactive Services”) that allow users to post reviews, submit, publish, display, or transmit and talk to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the User Contribution Standards set out below in Section 23.
2. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
3. You represent and warrant that:
   a) You own or control all rights in and to the User Contributions and have the right to grant the licence granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and

   b) All of your User Contributions do and will comply with this Agreement.

   c) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

4. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

5. To the maximum possible extent, you hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Contributions, and to sublicence the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against us and its users any claims and assertions of any moral rights contained in such User Contributions. This section shall survive any termination of your Account or the Agreement.

23. User Contribution Standards

These User Contribution Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:

a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;

b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.

e) contain images or videos of persons without such person’s consent;

f) be likely to deceive any person

g) involve drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;

h) promote any illegal activity, or advocate, promote, or assist any unlawful act;

i) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

j) funding a ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;

k) impersonate any person or misrepresent your identity or affiliation with any person or organisation;

l) involve or promote terrorism or, any activity that promote war, genocide, knives, explosives, ammunition, firearms, or other weaponry or accessories;

m) involve annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;

n) involve circumventing the designated method of payment as provided by us;

o) involve credit repair or debt settlement services

p) involve products or services that directly infringe or facilitate infringement upon the trademark,
 patent, copyright, trade secrets, or proprietary or privacy rights of any third party

q) involve illegal sale or resale of brand name or designer products or services;

r) any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or

s) involve any election campaigns that are not run by a registered organisation within the supported country;

t) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

u) involve any other activity that we may deem in our sole discretion to be unacceptable

24. Monitoring And Enforcement

1. We have the right to:
   a) remove or refuse to post any User Contributions for any or no reason in our sole discretion;
   
   b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the User Contribution Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us;
   
   c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
   
   d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Site; or
   
   e) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.

    

2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or otherwise accessing or using our Site.

   You hereby irrevocably and unconditionally waive and hold us and our affiliates, licensees, and service providers harmless from any and all claims, damages, liabilities and costs resulting from any action taken by us/any of the foregoing parties during, or taken as a consequence of, investigations by either us/such parties or law enforcement authorities.

3. We do not undertake to review any material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

25. IPR Infringement Consequences

It is our policy to limit access to our Site of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Site infringes any copyright that you own or control, please contact us using the information provided in Section 36.

26. Third-Party Services

The Site provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

27. Termination

We reserve the right to terminate your access to all or any part of the Site at any point in time without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account if you wish to do so by placing a request on our Site. Any such termination shall immediately revoke the licence granted under Section 18, and you shall effective immediately be prohibited from accessing or using the Site for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licences, warranty disclaimers, ownership provisions, limitations of liability and indemnification.

28. Release

To the maximum extent permissible by applicable law, you hereby absolutely release RAMZI & CO. and its affiliates as well as all other users of the Site from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Site, including any disputes which may arise between users and the acts or omissions of third parties.

29. Copyright Notification

If you are a copyright owner or an agent thereof and believe that any content made available via the Site infringes upon your copyright, you may submit a notification pursuant to The Copyright Act 1968  by providing us with the following information in writing: 

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); 

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; 

(d) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; 

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf; and

(f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: RAMZI & CO. PTY. LTD., 84 Hotham Street, Preston, Victoria 3072, Australia.

30. Warranty Disclaimer

The site is provided “as is”, “as available” basis. The use of site is at the user’s sole risk. The site is provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including, but not limited to,  any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. ramzi & co., our directors, employees, agents, suppliers, partners, and content providers do not warrant that: 

(i) the site is or will be secure or available at any particular time, instance or location; 

(ii) any defects material or not, or errors will be corrected; 

(iii) any/all content or software available at or through the site is free of viruses or other harmful components; 

(iv) any/all information is complete, accurate, up-to-date, or reliable; 

(v) any particular service, content, or product referred to in the site is safe, appropriate, or effective for your and/or your employees; 

(vi) that results of using the services provided by us will meet your requirements

(vii) the use of the site provided by us shall comply with any laws, rules, regulations, requirements, policies, qualifications, or best practices, including but not limited to privacy laws, professional licensure, or reimbursement; 

(viii) the use of the site shall not result in legal duties or liability. We do not guarantee in any instance that any particular content or material shall be made available through the site.

31. Indemnification

You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates, and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: 

(a) your use or misuse of, or access to, the Site; 

(b)your violation of any privacy, professional, ethics, licencing, or consumer protection laws, rules, or regulations; 

(c) your misuse of anyone’s private, proprietary, or Personal data; 

(d) infringement by you (or any third party using your Account or identity in the Site) of any intellectual property or other rights of any person or entity; or 

(e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.

32. Limitation Of Liability

The use of the site offered by us is entirely at your own risk. In no case shall we, nor our officers, directors, employees, contractors, agents, partners, suppliers, content providers, or any users be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory with regards to the site for: 

(i) any lost profits, loss in revenue, loss of goodwill, any data loss, loss of use, cost of procuring substitute goods or services, other intangible losses, or indirect, incidental, special, punitive, compensatory, exemplary, reliance, punitive, liquidated, or any similar consequential damages of any type whatsoever (however arising), 

(ii) any, viruses, bugs, trojan horses, or the like (regardless of the source of origin), 

(iii) any personal injury or harm, including death, which is caused by your use or misuse of the site, 

(iv) any claims, demands, or damages arising out of or relating to any dispute between you and any other user of the site. Remedies under these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions. Nothing in these terms and conditions shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms.

33. Governing Law And Dispute Resolution

The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Australia applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts in Victoria with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.

Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein.  The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be Victoria. If the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise.  The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.

34. Modification

We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Site (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Site. We may also do so by sending you a notice via email, via the Site, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may, if required to do so, restrict your access to parts or all of the Site without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.

When you continue to use the Site after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Site going forward. Your use of the Site is subject to the Terms in effect at the time of such use.

35. Miscellaneous

1. Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Site. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Site. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
2. Relationship of the parties. You and ramzi & co. are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
3. Force Majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from:(a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks,(b) any failure by a third-party hosting provider or utility provider,(c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
4. Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
5. Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms and Conditions. Notices to us shall be sent by email to policies@ramziandco.com.au. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
6. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
7. Interpretation. The headers are provided only to make this agreement easier to read and understand.

36. Contact Us

If you have any questions, please get in touch with us through our Site or as follows: 

By Mail: RAMZI & CO. PTY. LTD., 84 Hotham Street, Preston, Victoria 3072, Australia.

By Email: policies@ramziandco.com.au