Terms and Conditions
Acknowledgment and acceptance of terms and conditions
cartridgemate.com.au Web Site is owned and operated by CartridgeMate Pty Ltd. By accessing, browsing or using this Web Site, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this Web Site, you expressly agree to be bound by these Terms and Conditions.
cartridgemate.com.au may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this Web Site after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.
Information you provide to us
You agree to:
- provide certain current, complete, and accurate information about yourself as prompted to do so by this Web Site; and
- maintain and update this information as required to keep it current, complete and accurate.
All information provided by you when placing an order is referred to in these Terms and Conditions as "User Information". When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify cartridgemate.com.au for any losses, costs expenses or damages that cartridgemate.com.au may suffer if any of this information is not correct.
You must not transmit or attempt to transmit any material of any kind to this Web Site, which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this Web Site.
If any User Information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this Web Site, which contains a virus, malicious computer code or another harmful component, or you otherwise attempt to alter any of the content of this Web Site, or you are otherwise in breach of these, Terms and Conditions cartridgemate.com.au retains the right to terminate your rights to purchase products or services from this Web Site and to prosecute you.
You acknowledge and consent to the disclosure by cartridgemate.com.au to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Web Site, as requested to do so by that law enforcement agency.
The products and services offered for sale by cartridgemate.com.au are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of this Web Site will be subject to civil and criminal prosecution. cartridgemate.com.au cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this Web Site, nor can cartridgemate.com.au guarantee that it will give notice of any illegal or inappropriate use of this Web Site.
Any order placed by you in the manner described in this Web Site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified in this Web Site at the time you place your order. cartridgemate.com.au reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Web Site, or an error in your order. There may be reasons why cartridgemate.com.au cannot fulfil your order. Therefore, your contract with cartridgemate.com.au only comes into existence when cartridgemate.com.au advises you that it has accepted your order and confirmed receipt of your payment.
Prices of products and services and delivery and other charges displayed on this Web Site are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.
cartridgemate.com.au will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on despatch from cartridgemate.com.au [distribution centre].
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this Web Site.
Unless otherwise indicated, copyright in the information on this Web Site is owned by cartridgemate.com.au. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not permitted by cartridgemate.com.au. You may download a single copy of the information on this Web Site and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968, or other applicable laws, no part of the information contained on this Web Site may be reproduced. It may not be adapted, performed in public or transmitted in any form by any process graphic, electronic or mechanical, including further copying, taping, recording or by a storage and information retrieval system without the specific prior written permission of cartridgemate.com.au
Under accepted codes of conduct operating within the banking industry your Australian bank cannot hold you liable for more than $50.00 of fraudulent charges, unless your actions have contributed to the unauthorised use of your credit card. In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
You should review the cartridgemate.com.au delivery information contained on this Web Site for information concerning delivery. The delivery times given on this Web Site are indicative only. cartridgemate.com.au will endeavour to meet delivery times however will not be liable for any failure to observe delivery times.
Review and comments
cartridgemate.com.au may enable visitors to its sites to post reviews of and comments on products featured on this Web Site. If you post reviews or comments on this Web Site, you grant to cartridgemate.com.au, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of cartridgemate.com.au and any other person authorised by cartridgemate.com.au all moral and similar rights in any jurisdiction, which you have or acquire in respect of such reviews and comments. You also grant to cartridgemate.com.au and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment.
cartridgemate.com.au does not represent that any information (including any file) obtained from or through this Web Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. cartridgemate.com.au will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded, imposes any liability on cartridgemate.com.au, that liability shall be limited to the cost of re-supplying that information.
Release and indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against cartridgemate.com.au, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold cartridgemate.com.au, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by cartridgemate.com.au and its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You also agree to indemnify and hold cartridgemate.com.au, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web Site. The violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of NSW. You and cartridgemate.com.au agree to submit to the exclusive jurisdiction of the courts of the state of NSW. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. cartridgemate.com.au's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by cartridgemate.com.au in writing.
Limitation of liability
cartridgemate.com.au will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Web Site. Or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Web Site. Or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Web Site, including but not limited to, damages for loss of profits, use, data or other intangible, even if cartridgemate.com.au has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions, any term condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of cartridgemate.com.au for any breach of such term, condition or warranty shall be limited, at the option of cartridgemate.com.au, to any one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The information contained on this Web Site is provided by cartridgemate.com.au in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Web Site.
None of cartridgemate.com.au, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Web Site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Web Site. Fully permitted by applicable law, cartridgemate.com.au disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. cartridgemate.com.au makes no warranty that the Web Site or any products or services advertised on the Web Site will meet your requirements, or that the Web Site will be uninterrupted, timely, secure or error free.
No advice or information, whether oral or written, obtained by you from or through this Web Site creates any warranty not expressly made in these Terms and Conditions.
Information on this Web Site relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Web Site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Web Site. If you do, you agree to indemnify cartridgemate.com.au for any losses; costs, expenses or damages cartridgemate.com.au may suffer consequently.