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Computer Town Australia Pty Ltd Terms Of Service.

 

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Computer Town Australia Pty Ltd OFFERS YOU ACCESS TO OUR SERVICES

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 Privacy Policy, which include those terms and conditions 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.

3. Liabilities

3.1 General.

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.

3.3 Release.

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 such disputes.

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. Purchasing.

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.

5.0 Fraud.

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.

6.0 Manipulation.

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.

8. Breach.

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 Privacy Policy or the terms and policies those documents 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.

9. Privacy.

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 our Privacy Policy upon registration and each time you wish 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; AND

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.

11. Indemnity.

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 OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

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.

14. Notices.

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 holiday.

15. Arbitration.

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 originator.

16. Transactions.

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 English.

....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 main office.

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 Transfer.

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.

17. General.

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.

 
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Copyrightę Computer Town Australia Pty Ltd 2005