Terms & Conditions

Ownership of Site;Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use") apply to the Ritello web site located at www.ritello.au, and all associated sites linked to www.ritello.au by Ritello Australia, its subsidiaries, and affiliates(collectively, the “Site"). The Site is the property of Breeze Living PtyLtd ACN 665 265 592 (“Breeze") and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, PRIVACY POLICY ANDSUBSCRIPTION AGREEMENT; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Breeze reserves the right, at its sole discretion, to change, modify,add or remove portions of these Terms of Use, at any time. It is yourresponsibility to check these Terms of Use periodically for changes. Yourcontinued use of the Site following the posting of changes will mean that youaccept and agree to the changes. As long as you comply with these Terms of Use,Breeze grants you a personal, non-exclusive, non-transferable, limitedprivilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs,trademarks, logos, sounds, music, artwork and computer code (collectively,“Content"), including but not limited to the design, structure, selection,coordination, expression, “look and feel" and arrangement of such Content,contained on the Site is owned, controlled or licensed by or to Breeze, and isprotected by copyright, patent and trademark laws, and various otherintellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Siteand no Content may be copied, reproduced, republished, uploaded, posted,publicly displayed, encoded, translated, transmitted or distributed in any way(including “mirroring") to any other computer, server, Web site or othermedium for publication or distribution or for any commercial enterprise,without Breeze's express prior written consent.

You may use information on Breeze products and services (such as datasheets, knowledge base articles, and similar materials) purposely madeavailable by Breeze for downloading from the Site, provided that you (1) notremove any proprietary notice language in all copies of such documents, (2) usesuch information only for your personal, non-commercial informational purposeand do not copy or post such information on any networked computer or broadcastit in any media, (3) make no modifications to any such information, and (4) notmake any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link", “page-scrape", “robot",“spider" or other automatic device, program, algorithm or methodology, orany similar or equivalent manual process, to access, acquire, copy or monitorany portion of the Site or any Content, or in any way reproduce or circumventthe navigational structure or presentation of the Site or any Content, toobtain or attempt to obtain any materials, documents or information through anymeans not purposely made available through the Site. Breeze reserves the rightto bar any such activity.

You may not attempt to gain unauthorized access to any portion orfeature of the Site, or any other systems or networks connected to the Site orto any Breeze server, or to any of the services offered on or through the Site,by hacking, password “mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or anynetwork connected to the Site, nor breach the security or authenticationmeasures on the Site or any network connected to the Site. You may not reverselook-up, trace or seek to trace any information on any other user of or visitorto the Site, or any other customer of Breeze, including any Breeze account notowned by you, to its source, or exploit the Site or any service or informationmade available or offered by or through the Site, in any way where the purposeis to reveal any information, including but not limited to personalidentification or information, other than your own information, as provided forby the Site.

You agree that you will not take any action that imposes an unreasonableor disproportionately large load on the infrastructure of the Site or Breeze'ssystems or networks, or any systems or networks connected to the Site or to Breeze.

You agree not to use any device, software or routine to interfere orattempt to interfere with the proper working of the Site or any transactionbeing conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in orderto disguise the origin of any message or transmittal you send to Breeze on orthrough the Site or any service offered on or through the Site. You may notpretend that you are, or that you represent, someone else, or impersonate anyother individual or entity.

You may not use the Site or any Content for any purpose that is unlawfulor prohibited by these Terms of Use, or to solicit the performance of anyillegal activity or other activity which infringes the rights of Breeze orothers.

Services

The subscription services offered by Breeze “Subscription Agreement”which form part of the Terms of Use can be found here

Disclaimers

BREEZE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATUREOF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BECORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITEAND ITS CONTENT ARE DELIVERED ON AN “AS-IS" AND “AS-AVAILABLE" BASIS.ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BREEZECANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BEFREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BREEZE DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BREEZEDISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANYTHIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BREEZESERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANYLINKED SITES. YOUR SOLE REMEDY AGAINST BREEZE FOR DISSATISFACTION WITH THE SITEOR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATIONOF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuriescaused by any failure of performance, error, omission, interruption, deletion,defect, delay in operation or transmission, computer virus, communication linefailure, theft or destruction of or unauthorized access to, alteration of, oruse, whether for breach of contract, tort, negligence or any other cause ofaction.

Breeze reserves the right to do any of the following, at any time,without notice: (1) to modify, suspend or terminate operation of or access tothe Site, or any portion of the Site, for any reason; (2) to modify or changethe Site, or any portion of the Site, and any applicable policies or terms; and(3) to interrupt the operation of the Site, or any portion of the Site, asnecessary to perform routine or non-routine maintenance, error correction, orother changes.

Limitation ofLiability

Except where prohibited by law, in no event will Breeze be liable to youfor any indirect, consequential, exemplary, incidental or punitive damages,including lost profits, even if Breeze has been advised of the possibility ofsuch damages.

If, notwithstanding the other provisions of these Terms of Use, Breezeis found to be liable to you for any damage or loss which arises out of or isin any way connected with your use of the Site or any Content, Breeze'sliability shall in no event exceed AUD$100.00.

Indemnity

You agree to indemnify and hold Breeze, its officers, directors,shareholders, predecessors, successors in interest, employees, agents,subsidiaries and affiliates, harmless from any demands, loss, liability, claimsor expenses (including legal fees), made against Breeze by any third party dueto or arising out of or in connection with your use of the Site.

Violation of TheseTerms of Use

Breeze may disclose any information we have about you (including youridentity) if we determine that such disclosure is necessary in connection withany investigation or complaint regarding your use of the Site, or to identify,contact or bring legal action against someone who may be causing injury to orinterference with (either intentionally or unintentionally) Breeze's rights orproperty, or the rights or property of visitors to or users of the Site,including Breeze's customers. Breeze reserves the right at all times todisclose any information that Breeze deems necessary to comply with anyapplicable law, regulation, legal process or governmental request. Breeze alsomay disclose your information when Breeze determines that applicable lawrequires or permits such disclosure, including exchanging information withother companies and organizations for fraud protection purposes.

You acknowledge and agree that Breeze may preserve any transmittal orcommunication by you with Breeze through the Site or any service offered on orthrough the Site, and may also disclose such data if required to do so by lawor Breeze determines that such preservation or disclosure is reasonablynecessary to (1) comply with legal process, (2) enforce these Terms of Use, (3)respond to claims that any such data violates the rights of others, or (4)protect the rights, property or personal safety of Breeze, its employees, usersof or visitors to the Site, and the public.

You agree that Breeze may, in its sole discretion and without priornotice, terminate your access to the Site and/or block your future access tothe Site if we determine that you have violated these Terms of Use or otheragreements or guidelines which may be associated with your use of the Site. Youalso agree that any violation by you of these Terms of Use will constitute anunlawful and unfair business practice, and will cause irreparable harm to Breeze,for which monetary damages would be inadequate, and you consent to Breezeobtaining any injunctive or equitable relief that Breeze deems necessary orappropriate in such circumstances. These remedies are in addition to any otherremedies Breeze may have at law or in equity.

You agree that Breeze may, in its sole discretion and without priornotice, terminate your access to the Site, for cause, which includes (but isnot limited to) (1) requests by law enforcement or other government agencies,(2) a request by you (self-initiated account deletions), (3) discontinuance ormaterial modification of the Site or any service offered on or through theSite, or (4) unexpected technical issues or problems.

If Breeze does take any legal action against you as a result of yourviolation of these Terms of Use, Breeze will be entitled to recover from you,and you agree to pay, all reasonable legal fees and costs of such action, inaddition to any other relief granted to Breeze. You agree that Breeze will notbe liable to you or to any third party for termination of your access to theSite as a result of any violation of these Terms of Use.

Governing Law; DisputeResolution

You agree that all matters relating to your access to or use of theSite, including all disputes, will be governed by the laws of Australia and bythe laws of the State of Western Australia without regard to its conflicts oflaws provisions. You agree to the personal jurisdiction by and venue in thestate and federal courts in Perth, Western Australia, and waive any objectionto such jurisdiction or venue. Any claim under these Terms of Use must bebrought within one (1) year after the cause of action arises, or such claim orcause of action is barred. Claims made under the separate terms and conditionsof purchase for goods and services are not subject to this limitation. Norecovery may be sought or received for damages other than out-of-pocketexpenses, except that the prevailing party will be entitled to costs and legalfees. In the event of any controversy or dispute between Breeze and you arisingout of or in connection with your use of the Site, the parties shall attempt,promptly and in good faith, to resolve any such dispute. If we are unable toresolve any such dispute within a reasonable time (not to exceed thirty (30)days), then either party may submit such controversy or dispute to mediation.If the dispute cannot be resolved through mediation, then the parties shall befree to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Breeze administers and operates the www.breezeliving.com.au Site fromits location in Perth, Western Australia, Australia; other Breeze sites may beadministered and operated from various locations outside Australia. Althoughthe Site is accessible worldwide, not all features, products or servicesdiscussed, referenced, provided or offered through or on the Site are availableto all persons or in all geographic locations, or appropriate or available foruse outside the Australia. Breeze reserves the right to limit, in its solediscretion, the provision and quantity of any feature, product or service toany person or geographic area. Any offer for any feature, product or servicemade on the Site is void where prohibited. If you choose to access the Sitefrom outside Australia, you do so on your own initiative and you are solelyresponsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy oradaptation of such Content, or any product or service offered on the Site, inviolation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court orother tribunal of competent jurisdiction to be void or unenforceable, suchprovisions shall be limited or eliminated to the minimum extent necessary andreplaced with a valid provision that best embodies the intent of these Terms ofUse, so that these Terms of Use shall remain in full force and effect. TheseTerms of Use constitute the entire agreement between you and Breeze with regardto your use of the Site, and any and all other written or oral agreements orunderstandings previously existing between you and Breeze with respect to suchuse are hereby superseded and cancelled. Other than as provided in a purchaseagreement you enter into with Breeze, Breeze will not accept any counter-offersto these Terms of Use, and all such offers are hereby categorically rejected. Breeze'sfailure to insist on or enforce strict performance of these Terms of Use shallnot be construed as a waiver by Breeze of any provision or any right it has toenforce these Terms of Use, nor shall any course of conduct between Breeze andyou or any other party be deemed to modify any provision of these Terms of Use.These Terms of Use shall not be interpreted or construed to confer any rightsor remedies on any third parties.

Feedback andInformation

Any feedback you provide at this site shall be deemed to benon-confidential. Breeze shall be free to use such information on anunrestricted basis.

The information contained in this web site is subject to change withoutnotice.

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