Terms & Conditions
Welcome to the Toggles website (“website”). The Toggles Terms and Conditions (“Terms and Conditions”) govern the use of the website and the purchase of any goods from it. The website is owned and operated by Toggles Australia Pty Ltd (“Toggles”) ABN 46 623 335 099.
Agreement Deemed by Use
Use of or access to this website deems that you agree to be bound by the Terms and Conditions of use. Toggles reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you.
Use of Materials, Graphics and Text from this Website
Unless otherwise specified, the materials in this website are presented for the purposes of promoting Toggles’s products and providing information about Toggles to suppliers and the general public. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification or use of the materials for any other purpose is a violation of Toggles copyright and other proprietary rights. Use of any material in this website on any other website or networked computer environment is prohibited. All trademarks and trade names are proprietary to Toggles. All other rights are reserved by Toggles as the copyright owner.
Limitation of Liability
You waive and release Toggles, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website. Toggles, its servants or agents shall not, under any circumstances be liable for any injury, loss or damage arising out of or related to the use, or the inability to use, the materials in this website. This limitation of liability includes but is not limited to incidental, special or consequential damages.
Information Provided by You
Duties and Taxes
The prices listed on this website includes the Australian Goods and Services Tax.
All prices are charged in Australian dollars.
When you purchase products or access your membership information, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Toggles makes no warranty in respect of the strength or effectiveness of that encryption and Toggles is not responsible for events arising from unauthorised access of the information you provide.
A website member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as Gift Vouchers / Gift Certificates, promotional benefits and the value therein. Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a Toggles member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.
Products Promoted and Contract Development
Prices listed on this website and terms and conditions of any kind relating to products displayed on this website may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Toggles. Toggles reserves the right to vary or modify the information in the website without notice. Toggles makes no representation that the products listed in this website are currently available.
Orders, Claims and Returns
Orders will not be dispatched until payment in full has been received and Toggles is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, Toggles is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way. Toggles may accept (in whole or part) or decline any order. Any claims or complaints must be made within 7 days of delivery date. No returns will be accepted if product(s) are returned after use. Products must be returned in identical condition and not be tampered with. Products that have been used or damaged within the return process will not be refunded and will be returned at customers expense. Toggles retains the right to decline returns, refunds or exchanges.
All delivery claims must be made to Toggles within 48 hours of receipt of the relevant products. Delivery claims will only be accepted if the carrier has accepted liability for loss, damage or short delivery. If a signed receipt is held by the carrier, no claim will be entertained. Returns: Toggles reserves the right to replace faulty goods. Returns must be authorised by Toggles and will incur a 10% handling charge prior to the Product being returned. Any product that has been opened, used, damaged or defaced in any way will not be accepted for return by Toggles.
Delivery and Freight Charges
Toggles charge a flat rate $4.00 shipping charge for all orders, Australia wide.
Promotions and Competitions
Links to this website are permitted, provided the full html page is loaded and is not more than one layer from the home page.
Links to individual graphics or to areas that are considered “security areas” that bypass any security protection or password protect that Toggles establishes are expressly prohibited.
This website is controlled and operated by Toggles from its offices located in Victoria, Australia. By using this website, you agree to submit to the jurisdiction of the courts of Victoria if a conflict arises from the use of this website. If you choose to access this website from other locations you are responsible for compliance with local laws, if and to the extent such local laws apply.
If any provision of the Terms and Conditions is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions. This is the entire agreement between the parties relating to the subject matter.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Toggles which relate to or are incidental to any transaction. You agree to indemnify and hold Toggles harmless from and against any and all claims, loss or expense that may be incurred by Toggles which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Toggles harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
Any images used throughout the site are owned and protected under copyright by Toggles Australia Pty Ltd. Use of these images, without the express permission in writing from Toggles, is expressly prohibited.