TERMS AND CONDITIONS
Terms and Conditions
1.1 This website (the ‘Site’) is a shopping website where you can browse, select and order Products advertised on the Site from Classic Wallabies Inc ABN 79 338 357 101 (‘Classic Wallabies’’, ‘us’ or ‘we’).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2.1 The information contained in this Site is provided in good faith on an ‘as is’ basis. we do not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, we are not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, we will endeavour to correct any inaccuracies on the Site once we become aware of them.
2.2 Illustrations and photos contained in this Site are sample representations of the Products advertised, and variations may occur from time to time.
The Site may contain links to external websites that are not operated by us or our related bodies corporate. We do not make any endorsements, or representation as to the accuracy of information contained within those websites. These links are provided for your convenience only and you agree that:
3.1 we make no representations or warranties, or have any responsibility or liability for those websites;
3.2 these links do not indicate, expressly or impliedly, that we endorse the website or the Products or services that are provided at those websites; and
3.3 you access and use the Products and services made available at those websites solely at your own risk.
4. Intellectual Property
4.1.1 acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the ‘Materials’) are owned by or licensed to us;
4.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material without our prior written consent; and
4.1.3 must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
4.2 You may:
4.2.1 store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and materials; and
4.2.2 print hard copies of the content and materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
4.3 This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, Product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
5.1 We do not claim that any information (including any files) obtained from or through this Site are free from viruses or other faults or defects.
5.2 You are responsible for scanning any information for viruses.
5.3 You agree that we have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
5.4 If we are found to be liable this will be limited to the cost of supplying the information again.
6. Compliance with these Terms and Conditions
You agree to bound by, and comply with, these terms and conditions by:
6.1 using the Site;
6.2 completing your registration through the Site; and/or
6.3 obtaining or ordering Products from us using the Site.
7. Changes to these Terms and Conditions
7.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
7.2 Subject to clause 7.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
8.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
9. Placing an order for Products
9.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
9.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
9.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
9.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
10. Acceptance or rejection of an order
10.1 We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the Product description posted on the Site or in your order.
10.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
10.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
11. Cancelling an order (by Us)
11.1 Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
11.1.1 the requested Products in that order are not available; or
11.1.2 there is an error in the price or the Product description posted on the Site in relation to the relevant Product in that order; or
11.1.3 that order has been placed in breach of these terms and conditions.
11.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
12. Cancelling an order (by You)
12.1 You cannot cancel all or any part of an order after the order has been placed and payment has been accepted.
13. Delivery of Products
Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by us and we will endeavour to provide you with reasonable notice of that extension.
14. Prices, fees and charges
14.1.1 The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, we reserve the right to change prices at any time before we accept an order from you.
14.1.2 All prices shown on this Site are in Australian Dollars (AUD).
14.1.3 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
126.96.36.199 the purchase price of each Product that is ordered;
188.8.131.52 the delivery fee for delivering the Products to you; and
184.108.40.206 any other fees and charges set out in these terms and conditions.
14.1.4 All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
14.2.1 The purchase price of each Product is shown on the Product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our other stores for the same Product.
14.2.2 You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site or any of our other stores or vice versa.
14.3 Delivery fees
14.3.1 A delivery fee is payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
14.3.2 If the delivery is by courier, Products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
14.3.3 We currently ship orders to Australia and selected countries.
14.3.4 You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
220.127.116.11 special, non-stock and/or bespoke items;
18.104.22.168 heavy, bulky and/or awkward items;
22.214.171.124 express or urgent deliveries; or
126.96.36.199 bulk or large quantity orders.
15. Your Obligations
You covenant and warrant that:
15.1 all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
15.2 the person receiving the Products at the delivery address is authorised by you to do so;
15.3 you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
15.4 you will ensure that your Username and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
15.5 you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Username and password or account, or any other security breach relating to your account;
15.6 you will promptly advise us of any changes to your information provided to us as part of the customer registration process;
15.7 you are responsible for any costs associated with your access to or use of the Site, including internet access fees;
15.8 you are responsible and liable for any person that uses your Username and password to order Product(s) through the Site;
15.9 you agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Username and password through the Site;
15.10 you will check the labels on the Products before consumption or use; and
15.11 you will not:
15.11.1 use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
15.11.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
15.11.3 make fraudulent or speculative enquiries, purchases or requests through the Site;
15.11.4 use another person’s details without their permission or impersonate another person when using the Site;
15.11.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
15.11.6 tamper with or hinder the operation of the Site;
15.11.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
15.11.8 use any robot, spider, Site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
15.11.9 modify, adapt, translate or reverse engineer any portion of the Site;
15.11.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
15.11.11 reformat or frame any portion of the web pages that are part of the Site;
15.11.12 create accounts by automated means or under false or fraudulent pretences;
15.11.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;
15.11.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
15.11.15 use the Site other than in accordance with these terms and conditions; or
15.11.16 attempt any of the above acts or engage or permit another person to do any of the above acts.
16. Warranty and liability
16.1 We accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
16.1.1 in the case of services, resupply of the services or pay you the cost of resupply; and
16.1.2 in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
16.2 Where we are permitted by law (and subject to clause 16.1):
16.2.1 we do not warrant or represent the suitability of the Site or a Product for any purpose; and
16.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
16.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
17.1 Unless you notify us to the contrary by email, telephone within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by us, the Products shall be deemed to have been accepted by you.
17.2 We will accept Product returns and provide you with (at our discretion) a replacement for the Product (subject to availability) an store credit, refund or repair where:
17.2.1 The Product delivered is faulty or is not of merchantable quality, or
17.2.2 The Product delivered is not fit for its intended purpose, or
17.2.3 The Product delivered does not match the description on the Site.
17.3 If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please view our returns link on this Site for information on how to return a Product. You will need to complete a returns form, and provide us with:
17.3.1 your name and contact details;
17.3.2 the order number, invoice number and order date;
17.3.3 details of the problem or the reason for your request to the return the Product;
17.3.4 on some occasions, photograph(s) of Product that is damaged during transportation (if it’s required we will advise you which email address to send it to);
17.3.5 details of the Product being returned;
17.4 We will evaluate your return request on receipt of the Product and notify you of the action taken. This includes non-acceptance, request for further information, refund and or exchange of the Product.
17.5 Cost of returns;
17.5.1 Cost of returns is to be paid by the Customer for any Product that is not found to be faulty.
18. Termination and/or suspension of account
18.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these terms and conditions and:
18.1.1 the breach cannot be remedied; or
18.1.2 you fail to the remedy the breach within 10 days of our notice to you of that breach; or
18.1.3 if there is an emergency.
19. Do-It-Yourself and How-To Content
19.1 You acknowledge that the video clips and photographs contained in this Site may depict activities undertaken by qualified and highly trained professionals and/or experts.
19.2 You agree not to attempt to replicate any activities shown on this Site unless you have:
19.2.1 checked the service information and specification for the specific Product, vehicle or system that you are using or working on as the correct method may be different to any generic example shown in this Site;
19.2.2 obtained advice from the relevant qualified experts, tradespeople and/or professionals;
19.2.3 complied with all applicable laws, regulations and by-laws; and
19.2.4 employed safe practices for carrying out the activities.
19.3 The film and text transcript in this Site are intended to be an information source only. We make no statements, representations or warranties about the accuracy or completeness of the films.
19.4 Subject to applicable laws, we do not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this Site and its contents (including but not limited to the films and the information in any films being inaccurate or incomplete in any way, and for any other reason).
19.5 The films in this Site may be used or reproduced in whole for non-commercial and/or personal use provided that any reProduction is unaltered and that an attribution of the source is included. The film may not be altered, built upon or transformed. All information on this Site is protected by copyright and other intellectual property rights. The text, images, graphics, sound files, animation files, video files and their arrangement on this webSite are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth), all rights are reserved.
20. e-Gift cards
20.1 We do not issue physical gift cards.
20.2 If you are giving an e-Gift Card to another person, you must ensure that the recipient of the e-Gift Card is aware of the Terms and Conditions that apply to the e-Gift Card and the relevant expiry date.
20.3 Purchasing a e-Gift Card;
20.3.1 e-Gift Cards that can be redeemed on this Site, can only be purchased on this Site, and are branded specific to this Site.
20.3.2 We are not liable for any e-Gift Card cards purchased through any other channels other then this Site.
20.3.3 The minimum and maximum value which can be loaded on to each e-Gift Card may change from time to time.
20.3.4 Once a e-Gift Card has been purchased, it cannot be refunded.
20.4. Redeeming a e-Gift Card;
20.4.1 e-Gift Cards purchased on this Site, can be only be redeemed on this Site. Any value redeemed will be deducted from the available balance.
20.4.2 If the cost of your purchase exceeds the available balance on your e-Gift Card, you must pay the excess using another method of payment.
20.4.3 e-Gift Card purchased on this Site are valid for 12 months from the date of purchase. Our record of your expiry date is final. Once your e-Gift Card has expired the e-Gift Card cannot be re-activated and any unspent value cannot be used or redeemed by you.
20.4.4 Once a e-Gift Card has been purchased and loaded with value or when the e-Gift Card card has reached a $0.00 balance, no further value can be added to it.
20.4.5 e-Gift Cards cannot be redeemed for cash. No cash advances will be made at any time.
20.4.6 You do not need to use the entire available balance in one transaction. No change will be given, however, the remaining available balance may be applied to future purchases until the e-Gift Card expires or the balance reaches $0.00
20.5 e-Gift Card transaction information;
20.5.1 You can check the expiry date, available balance and transaction history of your e-Gift Card by visiting this Site.
20.6 Lost or stolen e-Gift Cards;
20.6.1 You should treat your e-Gift Card like cash.
20.6.2 e-Gift Cards cannot be replaced or refunded if lost, stolen or damaged.
20.6.3 We reserve the right to place a stop on your e-Gift Card if:
188.8.131.52 you report that your e-Gift Card has been lost, stolen or damaged; or
184.108.40.206 we believe (or reasonably suspect) that you have used (or will use) your e-Gift Card contrary to these Terms and Conditions.
20.6.4 At our absolute discretion, we may change our policies and procedures on lost, stolen or damaged e-Gift Cards. If we decide to do this, we will publish details on our Site.
20.7 Errors and complaints for e-Gift Cards;
20.7.1 If you wish to dispute an amount deducted from your e-Gift Card, you must contact us via the Contact Us page on this Site. If an amount is not disputed within ninety (90) days after the transaction date, we may (at our sole discretion) refuse to provide you with a refund.
20.7.2 If you have a problem or complaint about your e-Gift Card or these Terms and Conditions, please contact us.
21.1 Items offered on the Auction Service, we will endeavour to;
21.1.1 provide accurate descriptions to fairly reflect each item listed for sale on the Auction Service;
21.1.2 ensure that each item for auction as part of the Auction Service is available at the time of the auction; and
21.1.2 ensure we transfer clear title for each item to the winner of the auction, subject to receipt of payment.
21.2 Details concerning collection and/or delivery of items by a winning bidder following the conclusion of an auction are stated in the item description.
21.3 We may withhold delivery of an item until the winning bidder has paid all sums due in connection with the auction.
21.4 All auction items sold will be inclusive of GST unless otherwise stated.
21.5 No buyers premium will be payable on any auction item sold, unless otherwise stated.
21.6 Items which display the “Buy Now” option can be purchased immediately for the nominated price, without the need to wait until the auction ends. The Buy Now option is only shown on listings until an item receives a bid of or above the Buy Now price.
21.7 Some auctions on the Auction Service are listed with a reserve, which is a hidden minimum price on the item. This amount is the minimum price for which an item will be sold. You will be able to see from the category item listing and within the item page whether or not the reserve has been met. If the reserve is not met at the conclusion of the auction, the item will be passed in. To win the item you must meet or exceed the reserve price and have the highest bid at the close of the auction.
21.8 Items are offered for sale as part of the Auction Service are subject to the specific warranty details described with each item and the returns policy below. We exclude, to the extent permitted by the Trade Practices Act and state and territory laws, all other warranties or conditions, whether express or implied, including, without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose.
21.9.1 When you bid for an item using the Auction Service, you are making a binding offer to purchase the item at the bid price.
21.9.2 If your bid price is the highest bid at the conclusion of the auction, you will be the winner of the auction and obliged to purchase the item, as set out below.
21.9.3 Bids cannot be lowered or withdrawn once made, unless we determine in its sole discretion that exceptional circumstances exist.
21.9.4 You should read the item description carefully prior to bidding to make sure that you clearly understand what it is that is the subject of the auction, and any applicable terms and conditions, including delivery terms, experience dates, and any other information.
21.9.5 You must not attempt to solicit sales first listed as part of the Auction Service away from the website.
21.9.6 You must not engage in manipulating the price of any auction, including through using secondary registrations, associates or aliases or communicating with other Users with the purpose of manipulating the final purchase price of an item or otherwise acting fraudulently.
21.9.7 When you place a bid for an item the Auction Service will automatically bid on your behalf up to your nominated maximum bid amount.
21.9.8 When you are outbid, you will be notified by email (if you have chosen to receive outbid notifications).
21.9.9 If there is a proxy bid on an item, and your bid matches the maximum of the proxy, then the proxy will remain the current bid. To beat the proxy an additional bid will need to be made.
21.9.10 When you place a bid on an item you may be outbid immediately. This is because someone else has entered a higher maximum bid amount than you.
21.10 Winning an Auction;
21.10.1 If you are the highest bidder at the conclusion of an auction, you must pay the winning bid amount and any other fees and charges specified in the item description to us within 7 business days of the closure of the auction.
21.10.2 If you do not complete the transaction within 7 days we may take legal action against you for the amount of all money owing to us or cancel the sale to you and re-sell the item and charge you a cancellation fee equal to 10% of the amount owed to us.
21.10.3 Title for any items won will not pass to you until you pay the full amount payable.
21.10.4 Where two or more bids for the same item are made for the same amount, the winning bid will be the bid that was made first.
21.10.5 The auction closes at the end of the time period specified in the item description where there are no new successful bids during the 5 minutes immediately preceding the end of the time period specified.
21.10.6 If a bid that exceeds the previous highest placed bid is made within 5 minutes of the scheduled closing time of an auction, then the auction will go into overtime and the auction will continue to be extended until there are no more high bids made for a continuous 5 minute period.
21.10.7 We accept no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in auction overtime.
21.10.8 We are responsible for delivery of the item to the winning bidder unless we notify otherwise.
21.11 Your responsibilities;
21.11.1 You are solely responsible for your transmissions in relation to the Auction Service. You must:
220.127.116.11 not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Auction Service;
18.104.22.168 not permit another person to transmit communications that falsely identifies your account as the origin of such a communication;
22.214.171.124 not interfere with or disrupt networks connected to the Auction Service;
126.96.36.199 not use the Auction Service for illegal purposes;
188.8.131.52 comply with all regulations, policies and procedures of networks connected to the Auction Service which either apply by operation of law or are referred to in the website; and
184.108.40.206 not re-sell or offer to re-sell access to the Auction Service to another person or make or offer to make other commercial use of the Auction Service to another person.
21.11.2 Australia and most foreign countries regulate the importation and exportation of tangible property. Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and/or restrictions on the property.
21.11.3 If you live outside of Australia, it is your responsibility to make arrangements for property bought at an auction to be legally imported into your country.
21.11.4 You agree that you are responsible for familiarising yourself with and complying with any and all applicable rules and regulations at your cost.
21.11.5 We make no representation or warranty and accept no liability whatsoever to you or any third party in respect of the availability or issuance of valid import and export permits for items bought using the Auction Service.
21.12 Our reserved rights;
21.12.1 We may in its discretion close an auction before the scheduled conclusion time including if we are concerned by price manipulation or other fraudulent activity, there are processing errors or there are other technological errors or website or Auction Service failure.
21.12.2 In the event of errors in processing and/or site downtime or any other errors or delays caused to the website and/or Auction Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we reserve the right to extend an auction, re-open an auction, retract an notification to a winner of an auction and/or void or cancel an auction.
21.12.3 We may decline to make the Auction Service available to you and/or suspend your account if:
220.127.116.11 you are the winning bidder in an auction and do not pay for the item and/or refuse delivery of the item;
18.104.22.168 you provide inaccurate or misleading information to the us; or
22.214.171.124 you engage in other conduct in breach of this Agreement.
21.12.4 We may withdraw and/or re-offer an item where the item:
126.96.36.199 does not receive any bids;
188.8.131.52 is incorrectly described in the item description;
184.108.40.206 is inadvertently or incorrectly listed more than once;
220.127.116.11 fails to receive a bid above the reserve price;
18.104.22.168 is withdrawn by the provider of the item; or
22.214.171.124 becomes unavailable due to damage.
21.13 Returns, Exclusions and Acknowledgements;
21.13.1 Subject to the provisions of any applicable consumer protection laws, items won at auction may only be returned within the 7 day period after delivery to you and only if they have been materially incorrectly described in the item description. In these situations we will refund to you the amount paid for the item. There are no refunds in other circumstances, except as provided at law.
21.13.2 Subject to any rights you may have under the Trade Practices Act and similar laws we do not make any promises that the items auctioned are fit for a particular purpose or that we will be able to replace or exchange any of the items which are found to be defective on delivery.
21.13.3 We are not responsible for bids not received, processed or accepted due to technical difficulties, In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
21.13.4 We provide the Auction Service without any warranty or condition with regard to the website’s capacity express or implied except those warranties which are implied by law.
21.13.5 In relation to the items which are auctioned as part of the Auction Service, we provide those warranties implied by law.
21.13.6 You acknowledge that the internet may be an insecure and unstable marketplace.
21.13.7 The Auction Service may not be available at all times or bids placed in auction may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility.
21.13.8 You may be sued by us for losses suffered by us and its suppliers if you manipulate the bidding in auction or take other illegal action. It is illegal to bid with an invalid or stolen credit card or with a false name, even if our software initially accepts such a bid.
21.13.9 Fraudulent bidders will be prosecuted to the full extent of the law.
21.13.10 To the extent that we are under the Trade Practices Act or State and territory law to limit the remedies available under this Agreement, we expressly limit its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at our sole discretion): in the case of goods, any one or more of the following, at our absolute discretion:
126.96.36.199 the replacement of the goods or supply of equivalent goods; or
188.8.131.52 a full refund, provided that this is consistent with the refund policy stated above, in the case of services supply of the services again; or a full refund.
22. General provisions
22.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
22.2 This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
24.1 Capitalised terms used are defined in these terms and conditions. In these terms:
24.2 ‘GST’ has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth)
24.3 ‘Liabilities’ means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
24.4 ‘Username’ means the email address that you provided to us as part of the registration process to use the Site.
24.5 ‘Product’ means each good or service that is advertised on the Site.
24.6 ‘Customer’ refers to the entity that placed the order on the Site.
If you have any questions about our Terms and Conditions please contact us.