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Equitainment - Terms & Conditions


EQUITAINMENT WEBSITE TERMS & CONDITIONS – LAST UPDATED 4 JUNE 2007

Please take time to read through the Terms carefully. By placing an order for a Product or otherwise using this website located at www.equitainment.com.au (the “Website”), you agree that you will be accepting the Terms and entering into an agreement with Equitainment on the basis of the Terms (the “Agreement”). The Terms incorporate by reference, the Privacy Policy, instructions on ordering Products, the Returns Policy, Shipping Information and any other instructions that appear on the Website.

We may change the Terms from time to time. You agree that you will check the Terms each time you use the Website. Your continued use of the Website after we amend the Terms will constitute your acceptance of those amended Terms.

Interpretation
Certain capitalised terms used in the Terms bear the meaning set out in the Dictionary section at the end of these Terms.

Ordering Products
The Website is designed to enable the online purchase of Products. We may, in our sole discretion, add, delete or change the Website or some or all of the services provided via the Website.

We will use reasonable endeavours to correctly label and categorise each Product. However, in some cases, we will be relying on information supplied by third parties and so we do not guarantee that such information is free from technical inaccuracies or typographical errors.

In the process of ordering Products, you will be required to provide information about yourself including your name, postal address, email address and your credit card details. You must complete all information requested truthfully and accurately. Any information that you provide about yourself will be held and used by us in accordance with the Privacy Policy.

Pricing
Prices for Products are subject to change without notice. Price increases or decreases will not apply retrospectively to any orders already processed. All amounts quoted are in Australian dollars and include the GST. The GST will not be charged for goods that are shipped outside of Australia.

Customer Responsibilities
Before purchasing a DVD Product from the Website, you must check all the relevant details for that Product on the Website. Most of the DVD Products on the Website are Region 4 (Australia and New Zealand) and may not be compatible with DVD players and from other regions. You are solely responsible for ensuring the compatibility of any DVD Product that you order from the Website with your DVD player and television.

It is your responsibility to ensure that all shipping and order details that you provide to us are correct and kept updated. We take no responsibility for items shipped to the wrong address or person due to the wrong details being supplied by you.

You must notify Equitainment immediately if you feel your details are being fraudulently used or there has been a breach of security involving your details.

Joining the mailing list
You can join our mailing list, via the Website, to receive special discounts, enter competitions and learn about new Products. Such information will be sent to you by email or post based on your selection.

In the process of joining the mailing list, you will be required to provide information about yourself including your name and email address or, alternatively, your postal address. You must complete all information requested truthfully and accurately. Any information that you provide about yourself will be held and used by us in accordance with the Privacy Policy.

We may stop sending you information and/or remove you from our mailing list at any time either upon request from you or if we stop providing the services or Products on the Website.

Intellectual property rights
All rights, title and interest in the content on the Website (including its layout, design elements and software), the trade mark “EQUITAINMENT”, and the URL www.equitainment.com.au and all other content found on, or accessible from the Website including text, graphics, titles and Product information, pictures, photographs, videos, audio files, music, logos, trade names, trade marks (whether registered or unregistered), designs or any other content (referred to below as the “Materials”) are protected by copyright, trade mark, designs and other intellectual property laws.

Nothing contained in these Terms should be construed as granting you any licence or rights in the Materials. You may access and view the Materials when you browse the Website or use the Website to purchase Products. All other rights in the Materials are reserved by Equitainment.

Links to third party websites
The Website contains links to third party web sites. These links are provided for your information and convenience only. We are not connected with, have no control over and do not endorse those websites or the content on those websites.

We will not accept any responsibility for your access or use of those external websites or the content on those websites.

Our liability is limited
You acknowledge that you are accessing and using the Website and relying on the Materials, or other materials accessible from the Website, at your own risk. The Website is provided “as is” and without any warranties, express or implied, in relation to the Website or goods or services supplied through the Website, including (but not limited to) warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not promise that the Website will be available all the time, complete or that your use of the Website will be uninterrupted or error free.

To the maximum extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Website or any goods or services provided by Equitainment via the Website are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to: (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied.

In no event will Equitainment (including its directors, officers, agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if Equitainment is aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of the Agreement by Equitainment (all the foregoing collectively referred to as “Damage”). Equitainment shall not be considered to have breached the Agreement unless you have given us written notice of the alleged breach, specifying in detail the breach you allege to have occurred and giving us until the next publication or 60 days, whichever is greater, to remedy the alleged breach.

Your warranties
You warrant that (a) you have the power to enter into and observe your obligations under this Agreement; (b) you will use the Website solely for the permitted purposes in accordance with these Terms; (c) you will not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website; and (d) you will not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

Your indemnities
You agree to forever indemnify, defend and hold us harmless for all liability, claims, damages and costs, including legal fees (on a lawyer/client basis), arising out of or in connection with any breach by you of any obligations, representations and warranties provided by you in this Agreement.

Governing law and jurisdiction
All matters arising from or relating to this Agreement and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement shall be governed by the laws of New South Wales, Australia without regard to conflict of laws principles. The parties agree to unconditionally submit themselves to the exclusive jurisdiction of the courts of New South Wales, Australia.

Severability and entire agreement
If one or more provisions of this Agreement are held to be invalid, such invalidity shall not affect the other provisions, and to this extent, the provisions of this Agreement are severable. This Agreement constitutes the entire agreement between you and us and supersedes all prior understandings, negotiations and agreements, written or oral, between you and us. You acknowledge that we do not give any warranties or make any representations other than those expressly set out in these Terms.

Relationship between you and us
The relationship between you and us is one of independent contractors and nothing in this Agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between you and us.

No assignment and novation
You may not, or attempt to, assign or novate or transfer any right or obligation under this Agreement without our prior written consent.

Definitions
“Equitainment”, “we”, “us” and “our” are all references to Equitainment Pty Ltd (ABN 55 121 492 706).

“GST” means the Goods and Services Tax;

“Product” means books, games, DVDs and any other product offered for sale on the Website.

“Terms” means these terms and conditions as may be amended from time to time by Equitainment.

“Website” means this website found at www.equitainment.com.au.

“you” or “your” means the person using (including buying Products from) the Website.