Standard Terms and Conditions for the provision of goods and services
Please read these Terms carefully as they contain important information regarding Your rights and obligations under this agreement and their dealings with Regal Vaults.
These terms and conditions are used by all customers of Regal Vaults.
1. Definitions and Interpretation
In these terms and conditions:
1.1 Regal Vaults means The Trustee for Disruptive Investments Trust (ABN 89 985 488 318) and includes its successors and permitted assigns.
1.2 GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.3 Loss means any cost, damage, loss, expense or liability whatever incurred or suffered by, or brought or made or recovered against, the person and however arising including legal costs on a full indemnity basis.
1.4 Orders means the order or orders made for a Product via the Website or such other means accepted by Regal Vaults.
1.5 Privacy Act means the Privacy Act 1988 (Cth) as amended.
1.6 Product means the products offered for sale by Regal Vaults (or its authorised distributors or retailers) via the Website.
1.7 Services means any service offered by Regal Vaults in accordance with these Terms and includes the supply of Products.
1.8 Spam Act means the Spam Act 2003 (Cth) as amended.
1.9 Terms means the terms and conditions set out in these standard terms and conditions, including such other terms agreed by Regal Vaults and You in writing.
1.10 Website means the website provided by Regal Vaults (including the website of its authorised distributors or retailers) which allows You to order Products; which includes www.regalvaults.com.au or any other web service, software, applications or media managed by Regal Vaults or its authorised distributors or retailers.
1.11 You or Your means the person, firm or organisation entering into, or that has entered into, a contract, transaction or arrangement to:
1.11.1 receive or make use of a Product; or
1.11.2 make use of the Website; or
1.11.3 request a Service.
1.12 If there is more than one customer, these Terms bind them jointly and each of them severally.
1.13 Nothing in these Terms constitutes a relationship of employer and employee, partnership, principal and agent, or joint venture between the parties.
1.14 The whole or any part of any clause of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.
1.15 The failure of a party at any time to insist on performance of any obligation under these Terms is not a waiver of its right to insist on performance of that obligation or to claim damages unless that party acknowledges in writing that the failure is a waiver.
1.16 The headings in these Terms are included for convenience only and shall not affect their interpretation.
1.17 Any written notification by Regal Vaults to You may be made by any means as determined by Regal Vaults.
1.18 Regal Vaults accepts no responsibility for changes in any law which may affect the Products or the Services or the use of the Website.
1.19 These Terms and any document expressly referred to in them constitute the whole agreement between you and Regal Vaults and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Regal Vaults and You relating to the subject matter of any contract.
1.20 You may not transfer any of your rights or obligations under these Terms without our prior written consent. Regal Vaults may transfer any of its rights or obligations under these Terms without your prior written consent to You.
1.21 Regal Vaults may revise these Terms at any time. You should check the Website regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that You use the Website or the Services.
2.1 The Terms apply to each contract, transaction or arrangement arising in respect of:
2.1.1 Your use of the Website; and
2.1.2 the supply of Services or Products to You.
2.2 To access the Products You must:
2.2.1 be over the age of 18 years; and
2.2.2 use the Website.
2.3 By using the Website or purchasing the Products You acknowledge and agree that You have read and understood the Terms and You agree to be bound by the Terms. You should not request the supply of Services or Products or make use of the Website if You do not agree to the Terms.
3. Website Access and Terms
3.1 You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
3.2 When You use the Website or register an account, You will provide personal information such as Your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current.
3.3 By accessing any part of the Website, You indicate that you accept these Terms. You should not place an order for any Products if you do not accept these Terms.
3.4 You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
4.1 You may make an Order from the Website or such other means as advised by Regal Vaults.
4.2 Products may not be available to You if You are located outside of Australia. Please contact Regal Vaults via firstname.lastname@example.org prior to ordering a Product if you require delivery outside of Australia to confirm delivery.
4.3 If You are making an Order from the Website then:
4.3.1 You must provide information required by the Website in order to complete the Order. It is important that the information You provide is correct before submitting your Order. Once you submit your order You may not change or cancel your Order or rectify any errors in your Order. Regal Vaults is not liable for any Loss suffered by You as a result of You incorrectly providing information at the time You place an Order.
4.3.2 You must make payment in full for the Order at the time You submit your Order.
4.4 Clause 6 sets out the amount that You will be charged when making an Order.
4.5 Regal Vaults accepts payments made by Visa Card, Master Card, American Express and such other means determined by Regal Vaults. Regal Vaults may:
4.5.1 suspend or terminate such payment methods at its sole discretion;
4.5.2 apply a surcharge to such payments at a rate or rates determined by Regal Vaults.
4.6 Regal Vaults in its absolute discretion may for any reason reject an Order made by You. Regal Vaults is not liable for any Loss suffered by You as a result of such rejection.
5. Payment and Delivery
5.1 Payment for Orders must be made by an accepted credit or debit card through the Website or such other means accepted by Regal Vaults.
5.2 Payment will be processed before the Product has been manufactured or delivered to You.
5.3 The delivery address will be the address submitted by You at the time of making Your Order.
5.4 Any delivery time or date provided by Regal Vaults is an estimate only (“Estimated Delivery Time”). To the extent permitted by law, Regal Vaults will not be liable for any Loss suffered by You as a result of a failure to deliver Products to You by the Estimated Delivery Time.
5.5 In the event that Regal Vaults is unable to engage a delivery contractor to deliver Your Order, or if Your Order cannot be delivered due to a Force Majeure Event (referred to in clause 20 below), Regal Vaults may cancel Your Order and provide you with a refund at its sole discretion.
6. Price and Payment
6.1 Prices for Products on the Website are in Australian dollars (“Product Price”). These prices include GST unless otherwise stated.
6.2 In addition to the Product Price You will be charged a delivery fee (“Delivery Fee”) and any other fee determined by Regal Vaults from time to time to cover any costs incurred by Regal Vaults as a result of Your Order. Regal Vaults will notify you of the Delivery Fee and any other fees at the time of submitting Your Order on the Website.
6.3 In the event of an incorrect price or fee being referred to on the Website or at any time prior to You making an Order (“Pricing Error”), Regal Vaults reserves the right to recover from You any cost incurred by Regal Vaults or Loss suffered by Regal Vaults arising directly or indirectly from or in connection with the Pricing Error.
7. Customer Care and Refunds
7.1 If your Order is taking longer than expected or you have any other problems with your Order, please contact Regal Vaults via the contact details contained on the Website.
7.2 If an Order is not delivered within a reasonable time after the Estimated Delivery Time You must report this immediately to Regal Vaults in writing. Regal Vaults will make all reasonable endeavours to investigate the cause of the delay.
7.3 Any request to cancel an Order (or part of an Order) must be made by You in writing (“Refund Request”).
7.4 Regal Vaults is not obliged to, and will not, refund any amount paid by You if the Refund Request is received by Regal Vaults at any time after manufacture of your Product has commenced (“Date of Manufacture”). Regal Vaults (acting reasonably) in its absolute discretion will be the sole person that will determine whether manufacture of a Product has commenced.
7.5 If Regal Vaults receives Your Refund Request prior to the Date of Manufacture, then Regal Vaults will refund 50% of the amount paid by You in respect of those Products referred to in Your Refund Request.
7.6 Regal Vaults does not accept returns of any Product.
7.7 It is Your obligation to ensure that the Product suits your needs or requirements or the suitability of a Product (taking into account such things as Product weight, measurements and specification details).
7.8 In the event that Your payment is refundable, Regal Vaults will endeavour to refund this payment within 14 days of receipt of Your payment.
8. Intellectual Property
8.1 Unless otherwise stated, all of the content of the Website, including (but not limited to) Product logos and marks, all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features, software, and all trade marks, service marks and logos contained in the Website and all other intellectual property material or rights in the Website of a Product(“Intellectual Property”) are owned by Regal Vaults or its licensors.
8.2 The Intellectual Property made or conceived, whether alone or with others, in the course of or arising out of these Terms will become the sole and exclusive property of Regal Vaults.
9.1 You may use the Website for your own personal and non-commercial use.
9.2 You must not:
9.2.1 misuse the Website (including by hacking or "scraping");
9.2.2 copy, reproduce, modify or distribute the Intellectual Property without Regal Vaults’s prior written consent; and
9.2.3 use any part of the Website or Intellectual Property for commercial purposes without Regal Vaults’s prior written consent.
9.3 Except as stated in paragraph 9.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service, without Regal Vaults’s prior written consent.
9.4 The use of any part of the Website or Intellectual Property other than in accordance with these Terms is a breach of these Terms.
9.5 Regal Vaults reserves all rights not expressly granted in and to the Website and the Intellectual Property.
10. Service Access
10.1 Regal Vaults does not warrant that the Website will be available or in working order for the duration of Your engagement with Regal Vaults. To the extent permitted by law, Regal Vaults will not be liable for any Loss suffered by You as a result of a failure to access or use any part of the Website at any time.
10.2 Access to any part of the Website may be suspended temporarily or indefinitely at any time and without notice to You.
11. Visitor Material and Reviews
11.1 Unless otherwise prohibited by law:
11.1.1 any material that You post, upload or transmit or upload to the Website (including Product or user reviews) ("Visitor Material") will be considered non-confidential and non-proprietary; and
11.1.2 Regal Vaults may copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
11.2 You must not post, upload or transmit to or from the Website any Visitor Material that:
11.2.1 breaches any applicable local, national or international law;
11.2.2 is unlawful or fraudulent;
11.2.3 amounts to unauthorised advertising;
11.2.4 contains viruses or any other harmful programs;
11.2.5 contains any defamatory, obscene or offensive material;
11.2.6 infringe the intellectual property rights of another person; or
11.2.7 promotes illegal activity or invade another's privacy.
11.3 The prohibited acts listed in clause 11.2 above are non-exhaustive.
11.4 The material or information contained on the Website are for information purposes only and do not constitute advice from, or representations of, Regal Vaults.
11.5 To the extent permitted by law:
11.5.1 Regal Vaults reserves the right to (in its the sole discretion) remove or edit at any time any Visitor Material or other material or information posted, uploaded or transmitted to the Website that may breach clause 11.2 or may expose Regal Vaults or any third parties to any Loss or for any other reason; and
11.5.2 You agree to release Regal Vaults from any Loss suffered by You or any other person for any Visitor Material or other material or information provided to you that is misleading or is incorrect or contains material that is defamatory.
11.6 You agree to indemnify Regal Vaults against any Loss incurred by, or resulting from any claim made against, Regal Vaults or any other person arising out of or in connection with any Visitor Material that You provide or You authorise to be provided.
12. Links to Other Websites
12.1 Links to third party websites on the Website are provided solely for Your convenience (“Third Party Websites”). Regal Vaults does not warrant that the representations made on these Website are true and correct nor does Regal Vaults warrant the accuracy or safety of these websites.
12.2 To the extent permitted by law, You agree that Regal Vaults is not be liable for any Loss suffered by You as a result of Your use of Third Party websites.
13. Warnings and Disclaimers
13.1 Regal Vaults may amend or vary the material on the Website or the Products and prices described on it, at any time without notice to You.
13.2 Any specials listed on the Website are subject to change.
13.3 You acknowledge that:
13.3.1 Regal Vaults is not responsible for the delivery of any of the Products or the means in which the Products are delivered to you;
13.3.2 Regal Vaults does not manufacture nor construct certain components of the Products and cannot control the quality and material used in the manufacture of such components. .
13.4 All reasonable efforts have been made to ensure that product images and other information for Products displayed on the Website or on the Product or the packaging of the Product are up to date, accurate and complete (“Product Information”). However, Regal Vaults does not warrant that such Product Information is accurate or correct. You should check this with Regal Vaults prior to making any Order.
13.5 If You have any concerns in relation to a Product then You should not order a Product.
13.6 To the extent permitted by law, Regal Vaults is not liable for, and You expressly agree to release Regal Vaults against, any Loss or harm suffered by You resulting indirectly or directly from the use or non-use of Products or any matter or thing referred to in clause 13.3.
13.7 The pictures and other images used in the Website are indicative only and may not be a true representation of the Product or an actual photo of the Product.
13.8 Regal Vaults provides You with access to the Website, Products and Services on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, Regal Vaults excludes all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Products, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
14.1 All delivery services are the sole responsibility of the delivery contractor that delivers the contents of an Order. Regal Vaults is not liable for, and You expressly agree to release Regal Vaults against, any Loss suffered by You resulting directly or indirectly from these delivery services.
14.2 To the maximum extent permitted by law, Regal Vaults is not liable for, and You expressly agree to release Regal Vaults against any Loss arising in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Services, the Products or the Website (including the use, inability to use or the results of use of the Product or the Website) for:
14.2.1 any loss of profits, sales, business, or revenue;
14.2.2 loss or corruption of data, information or software;
14.2.3 loss of data;
14.2.4 malfunctions to the Website;
14.2.5 malfunctions to Products;
14.2.6 distributed denial of services attack, a denial of service attack, viruses, Trojan horses, worms, malware, logic bombs, harmful components, corrupted date, any other malicious software and any other harmful data that may infect Your computer equipment, computer programs, data, mobile device or other material due to Your use of the Website or downloading any material posted on the Website or any Website linked to it;
14.2.7 loss of business opportunity;
14.2.8 loss of anticipated savings;
14.2.9 loss of goodwill; or
14.2.10 any Loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
14.3 For the avoidance of doubt, to the maximum extent permitted by law, You agree to release Regal Vaults from any injury, Loss, claim, or any direct, indirect or incidental or consequential Loss or damage of any kind arising from Your use of the Website or Your use or non-use of any Product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages or other damages, in such states or jurisdictions, Regal Vaults liability shall be limited to the maximum extent permitted by law.
14.4 You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website or a Product, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
15.1 Any warranty as to the Products shall be limited to the written warranty provided by the manufacturer of the Product or Regal Vaults.
15.2 Regal Vaults reserves the right to make null and void the warranty should the Products be modified, altered, damaged or put to any undue stress other than in the way the Products were designed to perform.
15.3 Regal Vaults warrants that Products shall be of merchantable quality provided that the Products are used for their intended purpose. Where the Product is used contrary to any reasonable instructions provided by Regal Vaults the warranty is excluded.
15.4 Without limiting clause 15.3, and to the extent permitted at law, Regal Vaults expressly excludes all statutory warranties including but not limited to all warranties relating to title, defects or conformity of the Products.
15.5 Any defects that arise in the Products during any warranty period specified by Regal Vaults for those Products may be replaced or repaired as determined by Regal Vaults.
15.6 You must notify Regal Vaults of all warranty of quality issues within five (5) days of receiving the Product.
15.7 If Regal Vaults determines that the Product is faulty then Regal Vaults will either (at its sole discretion) replace or remedy the Product.
15.8 Regal Vaults excludes all other conditions and warranties except any implied conditions or warranties the exclusion of which would contravene any Federal or State legislation or regulation or law or cause any clause of this agreement to be void (“Non-excludable Condition”).
15.9 The warranties referred to in this clause 15 will not apply:
15.9.1 to components of the Product that are not manufactured by Regal Vaults;
15.9.2 unless notice of any defect and any claim in respect thereof is given in writing to Regal Vaults within the warranty period (if there is no warranty period – then five (5) days of receiving the Product);
15.9.3 if any serial number or identification or instalment plate attached to the relevant Products has been altered, rendered illegible or removed;
15.9.4 if the Products have been:
(a) subject to misuse, abuse, negligence or accident otherwise than by Regal Vaults;
(b) installed, maintained or operated otherwise than in accordance with the instructions of Regal Vaults or manufacture specifications;
(c) damaged by foreign objects;
(d) serviced, repaired, altered or otherwise than by Regal Vaults or its nominees or using non approved replacement parts.
15.9.5 if the Products are used for any purpose or subjected to any conditions varying from that for which it was specifically supplied by Regal Vaults; or
15.9.6 if damage to the Products arose from corrosion, or physical or chemical properties of water, steam or chemical compounds unless the Products were supplied by Regal Vaults for a purpose which contemplated these contributing elements and in respect of which there was specific and detailed prior disclosure by You.
15.10 Regal Vaults’ liability to You in respect of the warranty referred to in this clause 15, breach of any Non-excludable Condition, breach of contract or any negligent act or omission, is limited at Regal Vaults’ option, to:
15.10.1 in the case of Products, replacement or repair of the Product, or any part thereof, or the supply of equivalent Products; and
15.10.2 in the case of Services, the re-supply of the Service (by Regal Vaults or a contractor of Regal Vaults), or the cost of re-supply of that Service.
15.11 You will be responsible for, and must meet all charges in respect of:
15.11.1 making the Products accessible for service including the removal, dismantling or reinstatement of any equipment to which the Products may be connected or from premises where the Products are installed or located;
15.11.2 labour, transportation, travelling or communication expenses necessarily incurred in the provision of services or repairing Products at locations; and
15.11.3 any surcharge applicable in respect of the provision of services or repairing Products outside normal working hours.
15.12 Notwithstanding any other provision of these Terms, Regal Vaults is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate You for:
15.12.1 any increased costs or expenses;
15.12.2 any loss of profit, revenue, business, contracts or anticipated savings;
15.12.3 any loss or expense resulting from a claim by a third party; or
15.12.4 any Loss or damage, including any consequential loss or damage, arising from any delay in delivery or failure to deliver any Products or Service, either whole or in part, due to circumstances beyond Regal Vaults’ control.
16. Personal Property Securities Act 2009 (Cth)
16.1 For the purpose of these Terms, as appropriate, any words contained in the subsequent clauses have the respective meanings as defined in the Personal Property Securities Act 2009 (Cth) (“PPS Act”) and the parties acknowledge that:
16.1.1 You are the grantor,
16.1.2 Regal Vaults is the secured party;
16.1.3 the Products, which are commercial property, are the collateral; and
16.1.4 attachment occurs on acceptance of an Order.
16.2 You agree that where the Services or the Products are supplied on credit by Regal Vaults then:
16.2.1 You charges, and agrees to charge, all of the Products with payment of all amounts owed in accordance with these Terms;
16.2.2 You confirm that the Products are held on trust for Regal Vaults; and
16.2.3 that You hold the Products subject to the powers and rights of Regal Vaults contained or implied in these Terms and the PPS Act.
16.3 You acknowledges these terms give rise to a Security Interest in favour of Regal Vaults, which Regal Vaults may, in its discretion, affect a registration on the PPS Act register (in any manner Regal Vaults deems appropriate) in relation to any security interest arising under or in connection with or contemplated by these Terms.
16.4 You waive Your right to receive notice of a verification statement in relation to any registration by Regal Vaults on the register.
16.5 You agree to promptly execute any documents, provide all relevant information, fully cooperate with Regal Vaults and do any other act or thing that Regal Vaults requires to ensure that Regal Vaults has a perfected security interest in, and has priority over any other security interests in, the Products or otherwise. In the event that You do not provide the necessary details to complete a valid financing statement for the purposes of the PPS Act, then You agree that, until all monies owing to Regal Vaults are paid in full, You shall not sell or grant any other security interest in the Products.
16.6 You will not:
16.6.1 register a financing change statement in respect of the Security Interest; or
16.6.2 agree to or create another Security Interest in the Products;
without Regal Vaults’ prior written consent.
16.7 If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising in connection with these terms, You agree that the following provisions of the PPS Act will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires Regal Vaults to give a notice to You; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets – notice to grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires Regal Vaults to give a notice to You; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement).
16.8 Notices or documents required or permitted to be given to Regal Vaults for the purpose of the PPS Act must be given by You in accordance with the PPS Act.
16.9 Regal Vaults agrees with You not to disclose information of the kind mentioned in subsection 275(1) of the PPS Act except in circumstances required by paragraphs 275(7)(b)-(e).
16.10 If Regal Vaults receives any notice in relation to You under section 64 of the PPS Act, all outstanding monies may, at Regal Vaults’ discretion, become immediately due and payable.
16.11 You agree to reimburse Regal Vaults, upon demand, for all costs and/or expenses incurred or payable by Regal Vaults in relation to registering or maintaining any financing statement, releasing in whole or in part Regal Vaults’ security interest or any other document in respect of any security interest.
17. Retention of Title
17.1 Title in all the Products supplied shall remain vested in Regal Vaults and shall not pass to You until all monies owing to Regal Vaults by You together with all collection, repossession and/or legal costs incurred have been paid in full. If any of the Products are damaged or destroyed prior to the title passing to You, Regal Vaults is entitled, without affecting any other rights and remedies under this agreement, to any insurance proceeds payable for the Products in accordance with the PPS Act.
17.2 The Products, whether as separate chattels or as components, and the proceeds from the use or sale of the Products, shall be stored in such a manner as to be clearly identifiable and traceable as the property of Regal Vaults until title has passed to You.
17.3 Where You are liable for and has failed to pay for the Products or the Services, Regal Vaults may demand at any time until title has passed to You that You return the Products or any part of them.
17.4 In the event that You default in the payment of any monies owing to Regal Vaults, Regal Vaults and its employees or agents shall have the right to enter without notice upon Your premises or any other premises where the Products are known to be stored (and You must ensure that Regal Vaults has the right to enter such premises at all times) to repossess the Products and for this purpose You shall grant reasonable access rights and Regal Vaults, its employees or agents shall be entitled to do all things required to secure repossession or render inoperative such Products or associated equipment by the removal of some component, part or device there from.
17.5 Regal Vaults may, without notice to You, resell any Products it repossesses under this clause. In the event that Regal Vaults repossess and sells any Products under this clause, Regal Vaults will repay to You such amounts (if any), up to the amount paid by You for the relevant Products, remaining after deduction of all costs and expenses incurred by Regal Vaults in exercising its rights under this clause (including repossession, selling and storage costs, and revaluing the Product to ascertain its resale value). The amount payable by Regal Vaults under this clause will be reduced in accordance with any reduction in the value of the Product due to damage while in Your possession or control.
18.1 These Terms will continue in force until terminated in writing by either party.
18.2 These Terms will terminate immediately if, for any reason, Regal Vaults ceases to operate the Website.
18.3 Regal Vaults may terminate or suspend (at our absolute discretion) Your right to use the Website and the Service supplied under these Terms immediately by notifying You in writing (including by email) if Regal Vaults determines in its sole discretion that:
18.3.1 you use the Website in breach of clause 9 (Licence);
18.3.2 you post Visitor Material in breach of clause 11.2 (Visitor Material and Reviews);
18.3.3 you breach any other term of these Terms.
18.4 Upon termination of these Terms:
18.4.1 all monies due to Regal Vaults will immediately become due and payable;
18.4.2 You will remain liable for an Order submitted by You; and
18.4.3 You must return to Regal Vaults or destroy (as directed by Regal Vaults) all Intellectual Property.
18.5 Termination of these Terms will not affect any accrued rights or remedies any party may have as at the date of termination.
19. Written Communications
Regal Vaults may contact you by email or provide you with information by posting notices on the Website. You agree to receive written communication by such electronic means unless You state otherwise.
20. Force Majeure
Neither Regal Vaults nor You will be liable for any breach of any provision of any contract between them arising from an act of God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party ("Force Majeure Event").
You agree to indemnify and hold Regal Vaults and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, Losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
22. Disputes, Governing Law and Jurisdiction
22.1 If any dispute or claim arising from these Terms then You and Regal Vaults must first attempt to resolve the dispute or claim by mutual agreement. In the event that You and Regal Vaults are not able to come to an agreement, the matter must then be heard before a mutually acceptable mediator based in Adelaide, South Australia before any legal proceedings are issued. If You and Regal Vaults can not agree on a mediator then the mediator will be appointed, at the request of either party, by the president for the time being of the Law Society of South Australia. The costs or expenses of the mediation will be shared equally between You and Regal Vaults. You will bear all other costs that You incur in respect of the dispute or claim.
22.2 These Terms shall be governed by and construed in accordance with the law of South Australia. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of South Australia.
23.1 You authorise Regal Vaults to collect, retain, record, use and disclose consumer and/or commercial information about You, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Regal Vaults, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
24. Legal Advice
24.1 It is important that You understand these Terms prior to making an Order of otherwise agreeing to these Terms. You should seek legal advice prior to agreeing to these Terms.
Questions about these Terms should be sent to Regal Vaults at email@example.com.