Terms and Conditions

1. General Terms
   1. Please read these terms carefully. By using the website: https://www.accessories.optus.com.au ("Likewize Website"), you accept these terms of website use (“terms of use”) including the terms of Likewize’s [Privacy Policy] and you agree to abide by them. If you do not agree to these terms of use, please do not use the Likewize Website.
   2. The Likewize Website is a site operated by Likewize Australia Pty Ltd (ACN 111 399 752) trading as Likewize (“Likewize”). Likewize has its registered office at Level 9, South Tower, 485 La Trobe Street, Melbourne, Victoria 3000.
2. Use of the Likewize Website
   1. Access to the Likewize Website is permitted on a temporary basis and Likewize reserves the right to withdraw or amend the service Likewize provides on the Likewize Website without notice. Likewize will not be liable to you if for any reason the Likewize Website is unavailable at any time or for any period including any inability to access the Likewize Website caused by your equipment or the internet connection you use to access the Likewize Website. You are responsible for making all arrangements necessary for you to have access to the Likewize Website.
   2. From time to time, Likewize may restrict access to some parts of the Likewize Website, which may include restriction to users who have previously registered with Likewize.
   3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Likewize’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Likewize will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorised use or misuse of your password. Likewize has the right to disable any user identification code or password, whether chosen by you or allocated by Likewize, at any time, if in Likewize’s opinion you have failed to comply with any of these terms of use.
   4. When using the Likewize Website, you agree that you will use the Likewize Website only for lawful purposes.
   5. Specifically, you may not use the Likewize Website:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
      5. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   6. You also agree not to:
      1. reproduce, duplicate, copy or re-sell any part of the Likewize Website in contravention of the provisions of these terms of use;
      2. use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from the Likewize Website; and/or
      3. attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:
         1. any part of the Likewize Website;
         2. any equipment or network on which the Likewize Website is stored;
         3. any software used in the provision of the Likewize Website; or
         4. any equipment or network or software owned or used by any third party.
      A breach of section (iii) above may result in you committing a criminal offence. Likewize will report any such breach to the relevant law enforcement authorities and Likewize will co-operate with those authorities by disclosing your identity to them.
   7. Likewize reserves the right to determine, in its absolute discretion, when a breach of these terms of use and a breach of the [
      Terms and Conditions of Supply
      ] or other abuse of the Likewize Website or Likewize’s system has taken place. If Likewize determine that a breach of these terms of use, breach of the terms and conditions of supply or abuse of the Likewize Website or Likewize’s system has taken place Likewize may reserve, suspend or permanently prohibit your use of the Likewize Website including deleting your account and banning you from using Likewize’s services.
3. Likewize Website rights
   1. Likewize is the owner or the licensee of all intellectual property rights in the Likewize Website, and in the material published on it, including the Likewize trade mark. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
   2. You may print off one copy, and may download extracts, of any page(s) from the Likewize Website for your personal reference only.
   3. You must not otherwise reproduce any copies of any materials you have printed off or downloaded in any way including any illustrations, photographs, video or audio sequences or any graphics.
   4. You must not use any part of the materials on the Likewize Website for commercial purposes without obtaining a licence to do so from Likewize or Likewize’s licensors.
4. Likewize Privacy Policy

   Likewize will process information you provide in accordance with Likewize’s [Privacy Policy]. By using the Likewize Website, you consent to such processing and you warrant that all data provided by you is accurate.

5. Linking to and from the Likewize Website
   1. You may link to the Likewize Website, provided you do so in a way that is fair and legal and does not damage the reputation of Likewize and/or Optus or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Likewize and/or Optus where none exists.
   2. You must not establish a link to the Likewize Website from any website that is not owned by you.
   3. The Likewize Website must not be framed on any other site, nor may you create a link to any part of the Likewize Website other than the home page. Likewize reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these terms of use.
   4. If you wish to make any use of material on the Likewize Website other than that set out above, please address your request to optus.accessories@likewize.com.
   5. Where the Likewize Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Likewize has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by Likewize of or any affiliation between Likewize and that third party or the products or services that they offer. You acknowledge and agree that Likewize is not responsible or liable for (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.
6. Likewize’s liability
   1. The material displayed on the Likewize Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by law, in relation to your use of the Likewize Website, Likewize and other members of any group of companies associated with Likewize hereby expressly exclude:
      1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
      2. all liability for any loss suffered or incurred by you by your use, inability to use or reliance on the Likewize Website or any result derived from its use (or use of any websites linked to it), regardless of the nature of that loss, whether direct, indirect or consequential or damage incurred by any user in connection with the Likewize Website or in connection with the use, inability to use or reliance on, or results of the use of the Likewize Website, any websites linked to it and any materials posted on it;
      3. liability for loss of income or revenue, liability for loss of anticipated savings, liability for loss of data, or any other loss or damage of any kind,
      however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
   2. The above clause 6a does not affect Likewize’s liability to you for:
      1. death or personal injury arising from Likewize’s negligence;
      2. fraudulent misrepresentation; or
      3. any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law as that term is defined in section 4 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
   3. Likewize will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Likewize Website or to your downloading of any material posted on it, or on any website linked to it.
7. Variations

   Likewize may amend these terms of use and terms and conditions of supply at any time. You are expected to check this page from time to time to take notice of any changes that Likewize has made, as they are binding on you. Any changes made to these terms of use and terms and conditions of supply will be effective immediately when they are published on the Likewize Website and your continued use of the Likewize Website will constitute your acceptance of the change to the updated terms of use and updated terms and conditions of supply.

8. General Provisions
   1. The courts of New South Wales, Australia will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Likewize Website or the purchase of a Product through the Likewize Website.
   2. If Likewize fails to exercise any of the rights or remedies to which Likewize are entitled under these terms of use and terms and conditions of supply, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
   3. If any of these terms of use or terms and conditions of supply are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term, these terms of use and terms and conditions of supply shall continue to be valid to the fullest extent permitted by law.
   4. If any provision is void, unenforceable or contrary to law, that provision will be excluded from the contract formed with you.
9. Your concerns

   If you have any concerns about material which appears on the Likewize Website, please email optus.accessories@likewize.com.

These terms and conditions of supply (“terms and conditions of supply”) govern the sale of Products through the website: https://www.accessories.optus.com.au ("Likewize Website") from Likewize to you.

1. General Terms
   1. Please read these terms and conditions of supply carefully before submitting your order through the Likewize Website. You should understand that by submitting an order, you agree to these terms and conditions of supply.
   2. You should print and keep a copy of these terms and conditions of supply for future reference.
2. You

   By placing an order to purchase a product from Likewize through the Likewize Website (“Product”), you warrant that you:

   1. are accessing the Likewize Website from Australia;
   2. are legally capable of entering into a binding contract;
   3. are a resident of Australia, and the delivery address you supply is an Australian address;
   4. are at least 18 years of age, (if you are under 18, your parent or guardian will need to purchase a Product from Likewize on your behalf);
   5. are not a business or carrying on a business;
   6. intend to use the Product for which you have placed an order in Australia, and for personal use only;
   7. are not purchasing the Product for export, or resale to another person;
   8. will comply with all laws that apply to your use of the Likewize Website and your purchase of a Product from Likewize;
   9. release Likewize from all liabilities or claims that may arise if you purchase a Product from Likewize in breach of this warranty; and
   10. have read and agree to these terms and conditions of supply.
3. How a contract is formed between Likewize and you
   1. If you refuse to accept these terms and conditions of supply, you will not be able to place an order via the Likewize Website.
   2. When you place an order for a Product using the Likewize Website, you offer to purchase the Product in your order in accordance with these terms and conditions of supply.
   3. A contract with Likewize will be formed when Likewize confirms your order. This contract will incorporate these terms and conditions of supply and Likewize’s
      Terms of Website Use
      for the Likewize Website.
   4. Likewize will send you an email confirming receipt, acceptance, and the details of, your order.
   5. Ownership of the Product will pass to you when you receive the Product.
   6. Likewize may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of Likewize’s rights or obligations arising under it.
4. Rejection and cancellation of your offer to purchase
   1. Likewize may reject your offer to purchase a Product at its discretion.
   2. If Likewize rejects your offer to purchase a Product, it will do so prior to dispatch of the Product you have offered to purchase.
   3. You can cancel your offer to purchase a Product from Likewize at any time before Likewize dispatches the Product the subject of the relevant order to you.
   4. If your order is rejected or cancelled, Likewize will refund any amounts you have paid to Likewize within a reasonable period.
   5. A contract cannot be cancelled by you after Likewize dispatches the Product to you.
5. Payments
   1. When placing your order, you will be required to select a payment option and accept the terms and conditions of Likewize’s payment service partner based on the payment option that you have selected. The payment options currently available on the site are
      • Debit cards and credit cards from the following providers – VISA, Mastercard and AMEX
      • PayPal
   2. All card transactions are processed by the service provider’s payment service and are routinely subject to fraud management checks.
6. Pricing
   1. Prices listed on the Likewize Website are subject to change at any time without notice.
   2. All prices are in Australian dollars and are inclusive of GST.
7. Delivery
   1. If you elect for your order to be delivered via standard delivery, Likewize will pay for postage of your order to you.
   2. In certain cases, same day or next day delivery may be available for your order. If same day or next day delivery is available and you elect for your order to be delivered same day or next day delivery, you will pay for postage of your order to you.
   3. Further information on the timeframe for deliveries is available by clicking [Shipping].
   4. Likewize’s delivery times are estimates – they are not guaranteed delivery times and should not be relied upon.
8. Your Rights
   1. Your Product is eligible for the [Likewize 24-Month Limited Warranty].
   2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
   3. The benefits to you given by the Likewize 24-Month Limited Warranty are in addition to other rights and remedies you have under a law in relation to the goods to which the Likewize 24-Month Limited Warranty relates.
   4. Other than is required by the Australian Consumer Law or as set out in the [Likewize 24-Month Limited Warranty], Likewize makes no warranty or guarantee in relation to the Product, and gives no assurance or indemnity as to any matter relating to the Product, including without limitation, relating to its design, condition, merchantability, fitness, capacity or suitability for a particular purpose, durability or quality of their material or workmanship, or their non-infringement of any intellectual property rights.
   5. You acknowledge and agree that except for the express conditions, representations, warranties, guarantees and obligations provided in these terms and conditions of supply, the [Likewize 24-Month Limited Warranty], and any conditions, representations, warranties, guarantees and obligations imposed and required to be binding by law in Australia (including the Australian Consumer Law) all conditions, representations, warranties, guarantees and obligations, whether express, implied or statutory, including without limitation, all conditions, representations, warranties, guarantees and obligations imposed as to performance or which might arise from course of dealing, course of performance, custom, usage, or trade as well as conditions, representations, warranties, guarantees and obligations of merchantability and fitness for a particular purpose are hereby expressly excluded and disclaimed by Likewize.
9. Likewize’s liability in connection with Products
   1. This clause must be read subject to the Australian Consumer Law, [Likewize 24-Month Limited Warranty]. These terms and conditions of supply are not intended to exclude, restrict or modify your rights under the Australian Consumer Law.
   2. To the full extent permitted by law, Likewize’s maximum aggregate liability to you for any loss arising from your offer or the sale of a Product to you is limited to a refund of the purchase price to you (including any delivery costs).
   3. The Australian Consumer Law may imply conditions, representations, warranties, guarantees or impose obligations upon Likewize which cannot be excluded, restricted, modified or indemnified against. If this applies, to the extent which Likewize is permitted by law, Likewize limits its liability to, at its option, the replacement of the Product with an equivalent product.
   4. Likewize will not be liable to you or any third party for any incidental, special, indirect, consequential damage or loss, including, but not limited to, damage or loss or loss of use, loss of time, inconvenience, commercial loss, lost profits, lost savings, lost revenues, lost business opportunities, damage to goodwill or reputation, or loss of data to the fullest extent allowed by law even if you or any third party has been notified of the possibility of such loss or damage except to the extent such loss, damage or inconvenience is suffered or incurred by you or any third party in respect of Likewize’s deceit, fraud or other unlawful acts, death or personal injury caused by negligence, damage to or loss or destruction of real or personal property.
   5. Likewize will not be liable or responsible for any failure to perform, or delay in performance of, any of Likewize’s obligations under a contract that is caused by events outside Likewize’s reasonable control or due to Likewize’s compliance with any applicable laws or regulations.
   6. You acknowledge and agree that except as provided under the Australian Consumer Law, or in these terms and conditions of supply or the [Likewize 24-Month Limited Warranty], under no circumstances are you entitled to return or exchange, or have any other rights of recourse against Likewize, in respect of a Product purchased from Likewize under these terms and conditions of supply.