Welcome to the 33 South Watch Company's Erebus Watches Website (the “Site”). By using the Site, you agree to follow and be bound by the following terms and conditions. We may revise the Terms of Use at any time without notice to you.

 

1. Agreement – by using and visiting the Site you agree to be bound by these terms and conditions (‘Terms & Conditions’).

 

2. Access - 33 South Watch Company grants the user a license to access and use the Site, provided that:

• 2a) The use is personal use only;
• 2b) The user does not copy, publish or distribute any part of the Site; and
• 2c) You comply with these Terms and Conditions.

 

3. Use of Web Site Information – A User may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following:

• 3a) The Documents may be used solely for informational purposes; and
• 3b) The Documents may not be modified or altered in any way.

 

4. Intellectual Property –

• 4a) All content on the Site is owned by 33 South Watch Company.
• 4b) You agree that you will not copy, reproduce, alter, distribute, publish or use in any manner any content on the Site other than as permitted under these Terms and Conditions or in the ordinary course of your use of the Site without the express written consent of 33 South Watch Company. Such consent may be withheld by 33 South Watch Company at its absolute discretion.

 

5. Passwords and Security - You are responsible for maintaining the confidentiality of any password(s) you are given to access areas of the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify 33 South Watch Company immediately of any unauthorised use of your password(s).

 

6. Termination of Use - You agree that 33 South Watch Company may, in its absolute discretion, at any time, terminate your access to the Site and any account(s) you may have in connection with the Site, and taking any other reasonable measure to prohibit your access to the Site.

 

7. Third Party Web Sites, Content, Products and Services - The Site may provide links to websites and access to content and services from third parties, including users and affiliates of 33 South Watch Company. You agree that 33 South Watch Company is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that 33 South Watch Company is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that 33 South Watch Company is not responsible for:7a the quality of third party products or services;

• 7b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.
• 7c) To the fullest extent permitted by law in no way will 33 South Watch Company its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

 

8. Disclaimer - Except where expressly provided otherwise, the Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” and “as available” basis. To the extent permitted by law, 33 South Watch Company expressly disclaims all warranties of any kind, whether express or implied, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 33 South Watch Company makes no warranty that:

• 8a) the Site will meet your requirements;
• 8b) the Site will be available on an uninterrupted, timely, secure or error-free basis;
• 8c) the results that may be obtained from the use of the Site for any services offered through the Site will be accurate or reliable; or
• 8d) the quality of any products, services, information or other material obtained by you through the Site will meet your expectations. Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. 33 South Watch Company shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

 

9. Variation - 33 South Watch Company may vary these Terms and Conditions at any time without notice. By continuing to use and visit the Site you agree to be governed by these Terms and Conditions as the case may be from time to time.

 

10. Limitation of Liability – To the fullest extent permitted by law, and in respect of the Site, in no way shall 33 South Watch Company, its officers, employees or agents be liable for any remedy at law or in equity resulting from:

• 10a) any errors of content;
• 10b) any personal injury or property damage resulting from your use or reliance on the content on the Site
• 10c) any viruses, Trojan horses or the like which is transmitted through the Site by a third party; or
• 10d) any unauthorised access of secure servers which result in access to personal, sensitive and/or financial information stored therein.

 

11. Governing Law and Jurisdiction – the Terms and Conditions contained herein shall be governed by the laws of NSW, Australia and you submit to the exclusive jurisdiction of the Courts of NSW to hear disputes arising under or in connection with these Terms and Conditions and courts entitled to hear appeals from those courts.