THE FOLLOWING DESCRIBES THE TERMS ON
WHICH Computer Town Australia Pty Ltd OFFERS YOU ACCESS TO
This Agreement describes the terms and
conditions that govern your use of our services at
www.Computertown.com.au (for Computer Town Australia Pty
Ltd You must read, agree with and accept all of the terms
and conditions contained in this User Agreement and the
expressly set out below and those incorporated by reference,
before you may become a member of Computertown.com.au or use
Computer Town Australia Pty Ltd services. We strongly
recommend that, as you read this User Agreement, you also
access and read the information contained in the other pages
and websites referred to in this document, as they may
contain further terms and conditions which apply to you as a
Computertown.com.au member / user.
We may amend this Agreement at any time
in our discretion by posting the amended terms on
Computertown.com.au. Users should regularly check the terms
and conditions for any updates and changes. If you do not
agree with such changes, you must terminate your membership
of Computertown.com.au and you must not use our services.
This Agreement may not be otherwise amended except in
writing signed by you and Computertown.com.au. This
agreement is effective on your registration date and/or each
time you use Computertown.com.au services.
1. Membership and Use Eligibility.
Our services are available only to, and
may only be used by, individuals who can form legally
binding contracts under applicable law. Without limiting the
foregoing, our services are not available to persons under
18 years of age or to temporarily or indefinitely suspended
Computertown.com.au members / users. If you do not qualify,
please do not use our services.
2. Fees and Services.
Joining Computertown.com.au is free. We
may change our Fees and the fees for our services from time
to time. We may in our sole discretion change some or all of
our services at any time. In the event we introduce a new
service, the fees for that service are effective at the
launch of the service. Unless otherwise stated, all fees are
quoted in Australian Dollars. You are responsible for paying
all fees associated with using our service and our Site and
all applicable taxes (including any goods and services or
value added taxes, which will be added to amounts billed to
you). Please Note: You cannot include fees in the 'terms of
sale' of your item or request another member to pay these
fees. However, you may wish to consider fees when
determining the minimum or fixed price of your item.
Computertown.com.au offers sellers to
sell their products or services though our Site. However, we
cannot ensure and do not guarantee that a buyer or seller
will actually complete a transaction or act lawfully in
using our Site.
3.2 Safe Trading.
Because user authentication on the
Internet is difficult, Computertown.com.au cannot and does
not confirm each user's purported identity. We encourage you
to communicate directly with potential trading partners
through the tools available on our Site. You may also wish
to consider using a third party escrow service or services
that provide additional user verification.
Any transaction that we are not
involved in the actual transaction between buyers and
sellers, in the event that you have a dispute with one or
more users, you release and our officers, directors, agents,
affiliates, parents, subsidiaries and employees) from
claims, demands and damages (actual, special, direct,
indirect and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
3.4 Information Control.
We send you communications and notices
regarding your transactions and your account on our Site.
Our communications do not represent any endorsement,
guarantee or legitimisation of your transactions. You are
responsible for completing all transactions you participate
in (including monitoring the status and complying with all
relevant legal obligations). We do not control, endorse or
approve the items, information or content provided by other
users which is made available through our system. You may
find other users' information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense,
and practice safe trading when using Computertown.com.au.
Please note that there are also risks of dealing with
underage persons or people acting under false pretense.
Additionally, there may also be risks with international
trading and dealing with foreign nationals.
4.1 Your Obligation.
You are obligated to complete the
transaction with the Computertown.com.au if you purchase an
item through one of our direct buying described below,
unless the transaction is prohibited by law or this User
Agreement. If your purchase is accepted by
4.2 Cancellation Fees.
If, for whatever reason you decide not
to complete a transaction with Computertown.com.au - a $25
AUD Cancellation Fee will apply. This fee applies to ALL
ORDERS that are cancelled by you, the purchaser.
4.3 Shipped Orders
Once the goods have left the warehouse
an order can not be cancelled.
Without limiting any other remedies
available to Computertown.com.au at law, in equity or under
this Agreement, Computertown.com.au may, in its sole
discretion, suspend or terminate your account and/or refuse
service if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise in our sole
discretion) have engaged in fraudulent activity in
connection with our Site.
Neither you, nor any other buyers or
sellers may manipulate the price of any item, nor may you
interfere with items listed.
7. 0 Access and Interference.
You agree that you will not use any
robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You
agree that you will not use any device, software or routine
to bypass our setting, or to interfere or attempt to
interfere with the proper working of Computertown.com.au or
any transaction being conducted through Computertown.com.au.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our
infrastructure. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display
any content (except for Your Information) from
Computertown.com.au without the prior express written
permission of Computertown.com.au or the appropriate third
party authorised to grant such permission.
Without limiting other remedies
available to Computertown.com.au at law, in equity or under
this Agreement, we may, in our sole discretion, immediately
issue a warning, temporarily suspend, indefinitely suspend
or terminate your membership and refuse to provide our
services to you if:
a) you breach this Agreement, the
incorporate by reference;
b) we are unable to verify or
authenticate any information you provide to us;
c) Or we believe that your actions may
cause legal liability for you, our users or us.
Computertown.com.au has a Privacy
Policy which applies to all members and is incorporated into
this User Agreement by reference. You must read and accept
to use our services, and you will continue to be bound by
its provisions (and any amendments we make to the Privacy
Policy) while you are a member of Computertown.com.au and
while you continue to use our services.
10. Liability Limit.
10.1 IN NO EVENT SHALL WE, OUR
AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH Computer Town
Australia Pty Ltd, OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE
RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE
LAWS WHICH APPLY TO YOU. YOU AGREE THAT Computer Town
Australia Pty Ltd ALL AFFILIATES AND RELATED ENTITIES OF
Computer Town Australia Pty Ltd HAVE NO RESPONSIBILITY FOR
THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT
PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF:
a) THE AMOUNT OF FEES YOU PAY TO US IN
THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY;
b) AUD $100.
10.2 Notwithstanding the above
provisions, nothing in this Agreement is intended to limit
or exclude any liability on the part of Computer Town
Australia Pty Ltd and its affiliates and related entities
where and to the extent that applicable law prohibits such
exclusion or limitation.
You agree to indemnify and hold us and
(as applicable) our parent, subsidiaries, 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 reasonable
solicitors' fees, made by any third party due to or arising
out of your breach of this Agreement or the terms and
policies it incorporates by reference, or your violation of
any law or the rights of a third party.
12. Legal Compliance.
You shall comply with all applicable
domestic (including common law) and international laws,
statutes, ordinances and regulations regarding your use of
our service and your bidding on, listing, purchase,
solicitation of offers to purchase, and sale of items.
Specifically, you must ensure that your activities, items
you list, and Your Information you post on our Site do not
violate the Broadcasting Services Act 1992 (Cth), the Trade
Practices Act 1974 (Cth) and other relevant state-based fair
trading legislation. For more information about this
legislation and other legislation which may apply to you,
please refer to http://www.austlii.edu.au Notwithstanding
the successful conclusion of a transaction on our Site, you
must ensure strict compliance with any particular
formalities which, if not complied with, will either render
a transaction void or unlawful (eg. the sale of interests in
real property ordinarily requires a written document to be
created). YOU ALONE, AND NOT Computer Town Australia Pty
Ltd, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE
LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE
LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES
TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE
13. No Agency.
You and Computer Town Australia Pty Ltd
are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Except as explicitly stated otherwise,
any notices shall be given by registered ordinary post (or
if posted to or from a place outside Australia, by
registered airmail) or by facsimile transmission to Computer
Town Australia Pty Ltd Alternatively, we may give you notice
by certified airmail, postage prepaid and return receipt
requested, to the address provided to Computer Town
Australia Pty Ltd during the registration process, or as
updated by you as relevant. Any notice shall be deemed given
(a) if sent by email, 24 hours after email is sent, unless
the sending party is notified that the email address is
invalid, (b) if sent by pre-paid post, three Business Days
after the date of posting, and on the seventh Business Day
if sent to or posted from outside Australia, and (c) if sent
by facsimile transmission, on the Business Day the
transmission is sent (as long as the sender has a
confirmation report specifying the facsimile number listed
above, the number of pages sent and the date of the
transmission). For purposes of this section, "Business Day"
means a day on which banks are open for general business in
Melbourne, Victoria, other than a Saturday, Sunday or public
Any controversy or claim arising out of
or in connection with this Agreement may at our discretion
be settled by binding arbitration by reference to a
commercial disputes centre. You agree to be bound by the
ruling arbitrator. The costs of the dispute are borne by the
16.1. Purchasers must complete the sale
transaction within 3 days from the date of receipt of email
notification following the end of the sale.
16.2. MERCHANDISE - Computer Town
Australia Pty Ltd guarantees that all items in this listing
are brand new and in their original packaging unless
otherwise stated. ....a) All power cables and adaptors are
of Australian Standards
....b) All software manuals are in
....c) All products are offered by
Australian importers, distributors or authorized resellers.
16.3. SHIPPING - Our shipping fees
usually include postage and handling and insurance is only
available to shipping methods where specifically stated.
....a) We may combine postage to save
total postage costs.
....b) Items will not ship until
payment has been received in full.
....c) Pick-ups possible through our
16.4. DELIVERY - Dispatch of goods is
arranged through Computer Town Australia Pty Ltd. ....a) All
goods will normally be posted within 2 business days of full
payment clearing and receiving your delivery details and
contact information. ....b) No weekend or after hours
delivery available. ....c) Please refer to "Information"
page for Postage and handling cost details
16.5. PAYMENT - Payment can be made
through Bank Deposit, Australia Post Money Order, Personal,
Bank, Company Cheque, Cash or Credit Card Payment in our
office. ....a) If you wish to pay by Credit Card, please add
2% bank charge to your total amount or contact us for
details prior to bidding or buying. ....b) If you pay by
cheque and your cheque bounces you are required to pay all
fees associated with the failed transaction, any interest
and or collection fee. ....c) Please Note, WE DO NOT SHIP
OUT SIDE OF AUSTRALIA unless the buyer pays via Bank
16.6. WARRANTY - All of our goods
include Australian and NZ Warranty. ....a) The warranty
covers both parts and service. ....b) Warranty details
should base on vendors' specification.
16.7. RETURN POLICY - If the goods are
defective in any way or dead on arrival, please notify us
within 3 days of receiving the goods. We will be happy to
replace the goods for you at no extra cost. Buyer pays the
shipping of goods back to our warehouse ....a) Refund
requests must be made within 3 days of receiving the goods,
a refund is requested then we will refund the money paid to
us minus 10% handling fee. Buyer needs to bear the cost of
shipping the goods back to us.
16.8. NON-PAYING-BUYERS - Buyers must
read the product description fully before placing a bid or
purchase. Buyers must contact us for any questions before
placing your order ....a) Please do not order unless you are
serious about purchasing the goods. ....b) Please be
reminded that your purchase is a legal contract. ....c)
There are costs to run a professional website. This is not
acceptable if the buyer decides not to complete the
transaction without any reasonable ground. We reserve the
right to take all legal steps necessary to resolve the
issue. ....d) We also appoint our Debt Agent to handle
Non-paying cases. ....e) By placing your bid and purchase,
you agree to bear all related costs in debt recovery
including agent fee, legal costs and product resale costs
16.9. While all care is taken, any
errors or omissions in the item details are unintentional.
16.10. All pictures contained within
this listing are for illustration purposes only.
This Agreement shall be governed in all
respects by the laws of the State of NSW, Australia. All
members of Computer Town Australia Pty Ltd irrevocably
submit to the non-exclusive jurisdiction of the courts of
NSW, Australia. The provisions of this Agreement are
severable, and if any provision of this Agreement is held to
be invalid or unenforceable, such provision may be removed
and the remaining provisions shall be enforced. You agree
that this Agreement and all incorporated agreements may be
automatically assigned by Computer Town Australia Pty Ltd,
in our sole discretion, to a third party in the event of a
merger or acquisition. Headings are for reference purposes
only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
You agree that this Agreement may not be construed adversely
against us solely because we prepared it. This Agreement and
the terms and conditions incorporated herein set forth the
entire understanding and agreement between us with respect
to the subject matter hereof.