Dark Octopus Studios and its affiliates provide their services, including this website, to you on the following terms and conditions.
By placing an order, downloading media, data, images or copy, and/or visiting any page on this website, you agree to those terms and conditions and all of the policies incorporated by reference POLICIES.
These terms and conditions together with the Policies constitute the entire agreement between Dark Octopus Studios and the user and supersede and cancel all prior agreements, claims, representations and understandings, except where excluded under Australian consumer law.
Policies, Terms, and Conditions Agreed To By The User
- You are an adult at least 18 years of age and can lawfully enter into and form contracts under Australian law.
- You have familiarised yourself with our Shipping and Returns information.
- You have read, understood, and agree to the Disclaimer (below) and Privacy Policy
- You are familiar with the customs policies of your country and agree that you will be responsible for compliance with all local laws which may restrict the importation of certain goods and that you alone will be responsible for payment of any present or future tax or impost, duty or charge which may be imposed or assessed by any relevant regulatory authority on the goods purchased on the site.
- All stated prices are in Australian Dollars (AUD) and are inclusive of Australian Goods and Services Tax (GST).
- You understand that, to the fullest extent permitted by law, Dark Octopus Studios makes no warranties of any kind whatsoever whether express or implied, and specifically no warranty of merchantability or fitness for a particular purpose and in no event shall Dark Octopus Studios be liable, whether in contract or tort for any damages to the user in respect of economic loss, any loss or damage to property or death or injury to any person of whatever nature and however or wherever sustained that arises out of or is in any way connected with the purchase or delivery of any product.
- Where any condition or warranty cannot be excluded under applicable legislation, Dark Octopus Studios’ liability for breach of condition or warranty shall be limited to either: (a) replacing the product; or (b) crediting the cost of the product to the user. In no event shall Dark Octopus Studios be liable for exemplary, special or consequential damages or losses or loss of profits.
- Please read the FAQ for more information on our returns policy.
- 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.
- Dark Octopus Studios and its logos and trademarks may not be used in connection with any third party’s product or service or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dark Octopus Studios.
- The site or any portion of the site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Dark Octopus Studios.
- Dark Octopus Studios and its affiliates reserve the right to refuse service, terminate accounts or cancel orders in its discretion, including, without limitation if we believe that customer conduct violates applicable law or is harmful to the interests of Dark Octopus Studios and/or its affiliates.
- The site may only be used for lawful purposes and in a lawful manner. When ordering from Dark Octopus Studios you are the purchaser of the goods and must comply with all applicable laws and regulations.
- It is your responsibility to investigate and ensure that you can lawfully purchase the goods you order.
- Payment for items ordered is taken as acceptance of these terms and conditions, including the shipping and returns policy.
Disclaimer
Dark Octopus Studios provides this website not as professional advice, but as guidelines for convenience only, upon the condition that the user, by receiving or reading the material contained on this website, agrees not to act in reliance upon it without first satisfying themself by independent inquiry or advice as to the suitability, appropriateness, relevance, nature, fitness or purpose, likely side effects or long term effects, accuracy, reliability or otherwise of that material, having regard (without limitation) to the physical condition of the user and their general fitness or medical condition.
The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against Dark Octopus Studios for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence of Dark Octopus Studios or any other cause whatsoever.