1. The website https://www.Devanti.com.au (the Site) is owned and operated by New Aim Pty Ltd (ABN 50 115 804 432) trading as Devanti (we, our, us or the Company). The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders. “You” and “your” mean the user or customer of this Site.
Eligibility to use our Site
4. This Site and its information are intended and applicable for users who are residing in and using the Site within Australia only. To create an account and use the Site you must be over 18 years of age.
6. Further, you agree to comply with all applicable privacy and data protection laws in uploading any data to the Site and you warrant that all relevant consents have been obtained from any identifiable individuals.
Order and Cancellation
7. You shall pay for the Product in full when you place an order for a Product on our Site (Order), by supplying us with your credit/debit card details or by paying through other payment systems available via our Site such as PayPal, Google Pay, Apply Pay and Shop Pay. In any event, we shall not be bound to accept the Order before we have received and cleared the payment in full.
9. If payments for an Order are made on the weekend or a public holiday, the Order may not be processed until the next business day.
10. All prices on Devanti.com.au are quoted in Australian Dollars and include GST (Goods and Services Tax).
11. Product costs listed on the Site exclude delivery costs and charges, which will be calculated and added to your purchase when you make your Order.
12. Devanti reserves the right to change prices for products displayed at our Site at any time without notice.
Delivery of Goods
13. We only deliver within Australia at present.
14. Items will be delivered to the address you nominated while placing your Order. We are not liable for late or missing deliveries if an incorrect address is given.
15. Estimated shipment times may change due to changes in supply or conditions beyond our control. If you have not received your items within the estimated delivery time, please contact us via the Contact Us form on the Site.
Product Review Messages
16. Devanti welcomes your feedback on our products. As a courtesy, we ask that you do not use obscene, profane or threatening language in your communications with us. You are solely responsible for your messages and we are not liable for any content submitted by you. We reserve the right to remove the content you submit at any time.
Intellectual Property Rights
17. The Site and its content, including all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws.
a. modify, copy, reproduce or publish the Content; or
b. create a derivative work, or reverse engineer or reverse assemble the Content.
19. You can browse the Site freely and print it out for personal or non-commercial use.
20. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any registered trademarks and logos on the Site must not be used or modified in any way without obtaining the prior written consent from us.
21. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
22. If you print off, copy or download any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
23. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
24. You agree to provide an irrevocable, transferable, perpetual, royalty free licence to Devanti for the use of any intellectual property rights in all data, images, audio and video files uploaded by you to the Site (User Data) for the purposes of Devanti’s business and the provision of the Services by Devanti.
25. You acknowledge and agree that you, and not Devanti, are responsible for ensuring the lawfulness of the User Data you upload to the Site and obtaining any and all necessary rights and consents required from the relevant individuals to upload, store, and access any User Data.
26. You acknowledge and agree that it is your responsibility to ensure that:
a. your User Data does not infringe any intellectual property rights, privacy rights or any other rights of any person; or
b. your use of the Services and supply of the User Data does not breach any obligations of confidentiality to any person.
Correction of Errors and Inaccuracies; Limitations on Quantity
27. Devanti makes every effort to ensure accurate product descriptions. However, the content may contain typographical, technical or descriptive errors; and may not be complete or up to date. Therefore, we reserve the right to correct any information at any time without prior notice. We also reserve the right to limit quantity, including after an Order is submitted or paid for before we our confirmation of Order acceptance. We apologise for any inconvenience caused and will refund a payment to the extent it is in relation to such a shortfall of the quantity.
28. We endeavour to display the colours of the products on the Site as accurately as possible. The colour of the product you see depends on your monitor, so we cannot guarantee that there is no colour deviation from the actual product.
29. Due to random technical errors, we do not guarantee all-time access to the Site. We do not guarantee that we will continue operating all or any part of the Site.
Access to the Site
30. You agree and acknowledge that use of the Services is at your sole risk.
31. You agree that you will not:
a. use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
c. use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
d. compromise the security of the Site;
e. use or attempt to use another person’s Devanti account without authorisation;
f. upload or publish content that:
i. may infringe the intellectual property rights of any person;
ii. impersonates any person or entity or otherwise misrepresents your relationship with Devanti or any other person;
iii. is false, misleading, defamatory, slanderous, obscene, inappropriate, harassing or abusive of another person or is invasive of another persons’ privacy;
iv. contains or promotes sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v. promotes any illegal activity, or advocate, promote or assist any unlawful act;
vi. is otherwise contrary to law;
vii. has been solicited by an incentive or payment from another person; or
viii. contains viruses, malware or any other malicious software or data;
h. use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
i. use any device, software or routine that interferes with the proper working of the Site;
j. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
k. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
l. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
m. otherwise attempt to interfere with the proper working of the Site.
Limitation of Liability, no warranty and disclaimer
33. Except for liability in relation to any Non-excludable Condition and to the extent permitted by law, our Warranty and Refunds Policy, and our Shipping Policy:
a. we are not liable if Products available for sale on the Site are misused, mishandled or mistakenly installed by you or any third party; and
b. our maximum total liability for any Product supplied to you through our Site shall at no time exceed the amount that you paid to us in respect of the Product.
34. To the extent permitted by law and except for liability in relation to any Non-excludable Condition, you agree that none of Devanti, our related entities nor any of their respective directors, officers, employees, contractors or agents (Employees) will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Site, the Services, the Products, the Content or any omissions from the Content.
35. Except for liability in relation to any Non-excludable Condition, the Devanti Site is provided on an “as is” and “as available” basis, and without any warranty or condition, express or implied.
36. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
37. To the extent permitted by law, Devanti, Devanti related entities, or any of their Employees make no representation or warranty:
a. as to the accuracy, legality, suitability or reliability of the information contained in the Content; or
b. that the Services will be uninterrupted, without delay, error-free or omission-free.
38. You agree to indemnify, defend, and hold harmless Devanti, its officers, directors, employees, agents, licensors and suppliers (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from:
b. your violation of any law or rights of a third party;
c. any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Site account; and
We are not responsible for websites we link to
39. If the Site contains hyperlinks to third party websites not operated by us, we make no warranty or representation about the accuracy of the information on those third party websites, nor are we in any way responsible for any linked content on any third party website.
40. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
We are not responsible for viruses
41. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
Rules about linking to our Site
42. You may link to our home page with our express consent, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the standards set out in these terms.
43. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
44. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
45. We reserve the right to withdraw linking permission without notice.
46. If you wish to link to or make any use of content on our Site other than that set out above, please contact us via the Contact Us form on the Site.
47. If you have a complaint about the Site, please contact us via the Contact Us form on the Site, and we will endeavour to resolve it.
Last updated: 26 August 2022