- TERMS
AND CONDITIONS - GENERAL
1.
Site Agreement
1.1
The Officesmart.com.au website (the "Site") is owned and operated
by Arakella Pty Limited ("Arakella") ACN 003 907 319 trading as
Officesmart ABN 29 003 907 319. We can be contacted at 10 Fairford
Road, Padstow NSW 2211. Our telephone and facsimile numbers are as
follows:
Telephone:
02 9793 3350
Facsimile:
02 9793 3966
When
you (which includes affiliates, shareholders, directors, officers,
employees, agents and other representatives) register with Arakella to
use the Site you are required to adhere to these terms and conditions.
Please note that by clicking on the "I ACCEPT" button you agree
that these terms and conditions and Arakella's Privacy Policy
collectively referred to as "the Agreement" apply to and govern
your use of the Site.
1.2
You acknowledge that you have exercised your own skill and judgement
in deciding to register with this Site.
2.
Changes to
Agreement
2.1
Arakella may vary this Agreement at any time by posting the varied
Agreement on the Site. The varied Agreement will take effect
immediately after any variation is posted on the Site. The version of
this Agreement currently on the Site at any time governs your use of
the Site. If you continue to use this Site, your continued use will
constitute acceptance of this Agreement and any variations to it.
2.2
Arakella reserves the right to change any aspect of this Site
including suspending or terminating this Site. Arakella will have no
liability to you if this Site is changed, suspended or terminated. You
agree to waive all rights you may have against Arakella in respect of
any such action taken by Arakella.
3.
Information
contained on the Site
3.1
The information on this Site is provided for Australian residents
only.
3.2
You acknowledge that Arakella makes no warranties or representations
regarding the correctness, accuracy, timeliness, or completeness of
any information contained on the Site.
3.3.
All prices of goods displayed on the Site (the "Goods") are quoted
in Australian dollars and are inclusive of goods and services tax.
Prices of the Goods may change from time to time without notice to
you. The actual prices of Goods that particular Officesmart newsagents
may be able to supply will appear in that newsagent's section on the
Site. Prices may vary between individual newsagents and will vary from
time to time. Arakella has no responsibility and accepts no liability
for prices set by individual newsagents or for the availability of any
Goods. Prices specified for Goods in the "Specials" section of the
Site are recommended retail prices current at the time that
information is posted on the Site.
4.
Venue
4.1
The Site is a venue which enables a user of the Site to order Goods
from a newsagent nominated by the user upon registration with the
Site. Arakella is not responsible for transactions between users and
individual newsagents and does not monitor or control such
transactions. In the event that you have a dispute with a newsagent in
relation to any such transaction, you agree to release Arakella from
all claims, demands, actions, proceedings, costs, expenses and
liabilities arising out of or in any way connected with such dispute.
4.2
You acknowledge that you have no right to obligate or bind Arakella in
any manner. You also acknowledge that there is nothing in relation to
the subject matter of this Agreement which establishes fiduciary
obligations between you and Arakella and agree that no fiduciary
relationship is established by this Agreement.
5.
Registration
5.1
When you register with the Site, you will be asked to provide the
following personal information: your full name; email address;
telephone number; facsimile number and (if applicable) the name of
your company. It is only necessary to supply your full name, telephone
number and email address in order to register. The personal
information you provide to us will be provided to the newsagent
nominated by you in the registration process.
5.2
Registration is non-transferable. You can update your information as
required on the Site. You are solely responsible for keeping your
information current at all times.
5.3
You acknowledge that Arakella may at any time and at its discretion
refuse or cancel your registration. Arakella will notify you of any
such refusal or cancellation as soon as is practicable.
5.4
You are responsible for monitoring the status of any transaction in
which you participate using this Site.
5.5
You acknowledge that the Site may not be available from time to time
due to upgrades or maintenance.
6.
Cancellation
of Registration
6.1
You may cancel your registration at any time by written notice to
Arakella or by accessing the Customer Service section of the Site.
Cancellation of your registration will not relieve you of any
obligations arising from conduct prior to cancellation.
6.2
Arakella may cancel your registration or restrict your access to this
Site or both if:
(a)
you are found to have engaged in, or Arakella suspects that you have
engaged in fraudulent or criminal behaviour;
(b)
you have breached a term or condition of this Agreement;
(c)
your actions may cause legal liability for Arakella or other users
of this Site;
(d)
Arakella is unable to verify or authenticate any information you
provide to it;
(e)
you have attempted to interfere with or have interfered with the
proper functioning of this Site;
(f)
Arakella decides to do so in its absolute discretion.
6.3
Arakella will not be liable to you or to any third party if it cancels
your registration or restricts your access to the Site (or both).
7.
Limitation of
Liability
7.1
You acknowledge that, because of the nature of the Internet and third
party dependencies, Arakella does not warrant that the operation of
the Site will be continuous or uninterrupted. From time to time the
Site may not be available due to upgrades or maintenance.
7.2
Arakella will not be liable to you for any loss or damage (including
without limitation, consequential loss or damage) whether caused by
negligence or otherwise suffered by you whether arising directly or
indirectly from the operation of this Site.
7.3
In no event will Arakella be liable to you or any other person for any
remote, indirect, consequential, special or incidental damages,
including without limitation:
(a)
damage directly or indirectly caused to your computer or to your
computer files through your use of the Site;
(b)
damages resulting from loss of data, loss of profits or business
interruption.
This
limitation will apply even if Arakella has been advised of the
possibility of such damages.
7.4
Without limiting any other provision of this Agreement, you
acknowledge that:
(a)
the operation of the Site is dependent on a number of factors
outside Arakella's control, including traffic on and technical
difficulties with the Internet;
(b)
the Site is secure within certain technical boundaries; and
(c)
that disruptions to operation of the Site may occur which are
outside the control of Arakella and which may affect your access to
and use of the Site;
and
agree that, without limitation, all liability you or a third party may
suffer due solely or in part as a result of one or more of these
factors is your responsibility.
7.5
Arakella makes no representations about the suitability of the Goods
or this Site for any purpose. To the extent permitted by law, Arakella
hereby disclaims all warranties and conditions with regard to the
Goods and this Site, including but not limited to all implied
warranties and conditions of merchantability, fitness for a particular
purpose, title, and non-infringement. In no event shall Arakella be
liable for any special, indirect, exemplary or consequential damages
or any damages whatsoever, arising out of or in connection with the
Goods or your use of the Site.
7.6
If Arakella should be liable for breach of a condition or warranty
implied by Division 2 of Part V of the Trade Practices Act (other than
a condition or warranty implied by s69 of the Trade Practices Act) in
relation to the supply of goods or services which are not of a kind
ordinarily acquired for personal, domestic or household use or
consumption, or under similar legislation, its liability is limited to
any one or more of the following as Arakella in its sole discretion
considers appropriate:
(a)
In the case of goods:
(i)
the replacement of the goods or the supply of equivalent goods;
(ii)
the repair of the goods;
(iii)
the payment of the cost of replacing the goods or acquiring
equivalent goods;
(iv)
the payment of the cost of having the goods repaired.
(b)
In the case of services:
(i)
the supplying of the services again; or
(ii)
the payment of the cost of having the services supplied again.
7.7
Nothing in this agreement excludes, restricts or modifies any
condition, warranty or liability which may at any time be implied by
the Trade Practices Act 1974 or any other applicable law where to do
so is illegal or would render any provision of this Agreement void.
Subject to this qualification, except as expressly stated in this
Agreement, all expressed or implied conditions or warranties,
statutory or otherwise, in respect of the Site are expressly negatived
and excluded.
8.
Intellectual
Property
8.1
The content of this Site is protected by copyright. Arakella reserves
all rights.
8.2
You may not copy, distribute, reproduce, alter, adapt, modify,
translate, create derivative works, transmit, store in electronic or
other media or otherwise deal with the Site, including each part of
the Site except with the prior written consent of Arakella, or in
accordance with the provisions of the Australian Copyright Act 1968.
8.3
The trade marks and logos displayed on the Site are registered and
unregistered trade marks and logos owned by Arakella and others. You
have no right to use any of these trade marks or logos without
Arakella's prior written consent.
9.
Links
to other websites and Advertising
9.1
Arakella may from time to time provide links to other websites. In
providing these links, Arakella makes no representations whatsoever
regarding those websites or the companies which operate them, or
feature on them. Arakella will not be liable for any loss or damage of
any kind that you may incur either directly or indirectly through
using those websites or relying on information found in those
websites.
9.2
Arakella may from time to time display on the Site advertising and
promotional material provided by third parties. Arakella makes no
representations whatsoever regarding that material or the companies
that provide it or any products featured in it. Arakella will not be
liable for any loss or damage of any kind that you may incur either
directly or indirectly by use of or reference to such material.
10.
Indemnity
You
indemnify and agree to keep indemnified Arakella, its affiliates,
subsidiaries, parents, shareholders, directors, officers, employees,
agents and other representatives of Arakella against all claims,
demands, actions, proceedings, costs, expenses and liabilities
(including without limitation legal costs and disbursements on a full
indemnity basis) suffered or incurred by Arakella directly or
indirectly as a result of any breach of your obligations under this
Agreement and against all claims, demands, actions, proceedings,
costs, expenses, liabilities (including without limitation legal costs
and disbursements on a full indemnity basis) arising or connected in
any way with this Agreement.
11.
System Integrity
You
agree not to interfere with the proper working of the Site. You agree
not to do anything that imposes an unreasonable or disproportionately
large load on the Site's infrastructure.
12.
Your Information
12.1
Your information includes any information you provide to Arakella
during registration and contained on this Site.
12.2
You agree that all information you provide is complete, accurate and
current, and that you will take all steps necessary to maintain the
completeness, accuracy and currency of your information at all times
including amending your information as soon as practicable after it
changes.
12.3
Arakella in its sole and absolute discretion, reserves the right to
terminate or suspend your use of the Site if Arakella discovers that
any of your information is not truthful, accurate or current. It is
your sole responsibility to ensure that your information remains
truthful, accurate and current at all times.
12.4
It is a condition of this Agreement that your information:
(a)
does not contain any virus, trojan horse, worm, time bomb, cancelbot
or other programming routine that may alter, interfere with, damage,
delay, intercept or expropriate any system, data or personal
information;
(b)
is not false or misleading;
(c)
does not contravene any law, statute or regulation, including
without limitation, consumer protection and sale of goods
legislation.
(d)
is not defamatory, unlawfully threatening or libellous;
(e)
does not infringe any third party's intellectual property rights;
12.5
Arakella in its sole and absolute discretion, reserves the right to
suspend or terminate your use of the Site if you attempt to transmit
any material to the Site which contains any virus, trojan horse, worm,
time bomb, cancelbot or other programming routine that may alter,
interfere with, damage, delay, intercept or expropriate any system,
data, personal information or other content on this Site.
13.
Privacy Policy
Arakella's
Privacy Policy governs the way Arakella may use your information. You
consent to the use of your information in the manner contemplated by
Arakella's Privacy Policy.
14.
Feedback and
Comments
You
must not post any feedback or comment on the Site that contains any
unlawful, defamatory, offensive, threatening, abusive, obscene,
pornographic or indecent information or material of any kind which
infringes the rights of any person. If you breach this clause, you
agree to indemnify Arakella against any losses, costs or expenses
Arakella may incur as a result.
15.
General
15.1
The validity, interpretation and performance of this Agreement will be
governed by the law of the State of New South Wales and of the
Commonwealth of Australia. The parties submit to the non-exclusive
jurisdiction of the courts of the State of New South Wales and of the
Commonwealth of Australia in respect of any dispute that arises in
connection with this Agreement.
15.2
If any provision of this Agreement is invalid, void or unenforceable,
all other provisions which are capable of separate enforcement without
regard to an invalid, void or unenforceable provision are and will
continue to be of full force and effect in accordance with their
terms.
15.3
Arakella may give notices by:
(a)
posting notices on the Site; or
(b)
sending notices by electronic mail (email). Notices sent by email
will be sent to the latest email address which Arakella has received
notice of. Arakella accepts no responsibility for messages not
received which are sent to the last known email address
15.4
It is your responsibility to check the Site regularly for notices and
you will be considered to have received a notice 24 hours after it is
posted on the Site or sent to your nominated email address.
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