Online User Agreement

This Agreement sets out the terms and conditions upon which ACS provides the Service on the Site, and governs the way that a User (You) may use the Service and this Site.  By registering for the Service and/or accessing the Site, You acknowledge that You have read, understood and agree to be bound by the terms and conditions of this Agreement.  This Agreement may be amended by ACS from time to time.  Changes to this Agreement will come into effect on the date that they are posted on the Site.  Every time You use the Service or access the Site, You agree to be bound by this Agreement, any changes to this Agreement, and to comply with any policies or other terms of use that appear on the Site.  You should check the Site regularly to ensure that you are aware of any changes.

1. Definitions and Interpretations

In this Agreement:

Account means the online account that ACS will set up for You upon Your successful registration for the Service, which may only be accessed by You using a unique username and password;

ACS means Australian Country Spinners Pty Ltd ACN 006 290 713 and its related bodies corporate and associates as those terms are defined in the Corporations Act 2011 (Cth);

Agreement means these terms and conditions;

Business Day means a day which is not a Saturday, Sunday or public holiday in Victoria;

Checkout means Your confirmation of the Products listed in Your My Cart and Your offer to pay for those Products;

Contractor means a third party engaged by ACS to attend to delivery of the Products purchased by You;

Independent Retailer means a re-seller of Products who accesses the Site and is registered for the Service;

Intellectual Property means all intellectual and industrial property rights throughout the world including but not limited to copyright, trade marks, service marks, logos, patents, designs, domain names, website content, data, source code, object code, images, photographs, multimedia and similar rights, whether or not registered or registrable;

My Cart means a virtual shopping trolley containing a list of the Products that You have chosen to purchase and the corresponding price for each Product, displayed prior to Checkout;

Online Registration Form means the online registration form you must complete in order for You to register for and use the Service;

Order means Your offer to purchase Products from ACS at Checkout;

Personal Information means details about You including Your name, address, email address, phone numbers and credit card details;

Price means the total purchase price for Products in Australian dollars, including all delivery charges and GST;

Products means a product advertised for sale by ACS on the Site;

Service means the online service provided by ACS which enables a User to purchase Products online using the ACS online transaction platform;

Site means the internet website located at http://www.auspinners.com.au; and

User means any person who accesses the Site, including an Independent Retailer.

In this Agreement, any reference to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies that act or statute, and to persons includes all bodies and associations both corporate and incorporated.  All references to dollar amounts are a reference to Australian dollars.

2. ELIGIBILITY AND RULES OF USE

You warrant and agree that:

1. You are legally capable of entering into binding contracts under applicable law including, without limitation, this Agreement;
2. You are over the age of 18 years;
3. You have a valid Visa or MasterCard credit card;
4. You have successfully registered to use the Service by completing the Online Registration Form and that all information provided by You to ACS is true and accurate in every particular;
5. You will promptly inform ACS if there is any change to the information provided by You in the Online Registration Form;
6. You will not disclose the details of Your Account to any person;
7. Unless You are registered to use the Service as an Independent Retailer, You are purchasing Products for personal consumption and not for commercial resale;|
8. You are an Australian citizen, Australian resident or a legal entity registered in Australia; and
9. Upon acceptance of Your Order by ACS, You are legally bound by Checkout.

3. REGISTRATION

When You register to use the Service, You:

1. must provide Personal Information in order to use the Service;
2. agree that ACS will use Your Personal Information to enable You to use the Service.  You consent to ACS disclosing Your Personal Information to Contractors in order to arrange delivery of Products to You;
3. warrant that You have read and understood the ACS policies available on the Site, including but not limited to the ACS Privacy Policy [insert link]; and
4. agree to comply with the terms of this Agreement and all other online terms and conditions of use of the Site, as amended from time to time.
5. ACS may deny or decline Your Online Registration Form for any reason.

4. SERVICE

You acknowledge and agree that:

1. ACS advertises Products for sale on the Site;
2. After successfully registering to use the Service, You may place an Order for Products using Your Account.  Your Order is an offer to purchase Products from ACS.  You are responsible for any costs associated with accessing the Site, registering for and using the Service, and submitting Online Order Forms, including any internet service provider fees and telephone charges;
3. ACS may accept Your Order by processing Your payment of the Price and by arranging delivery of the Products to Your delivery address;
4. ACS may decline Your Order or any part thereof for any reason, including but not limited to circumstances where ACS has insufficient Products to fill your Order, or where the Products You ordered have been discontinued.  If ACS declines to accept Your Order, ACS will attempt to notify You using the contact details provided by You;
5. ACS shall not be deemed to have accepted any Order until after payment of the Price has been processed and delivery arranged by ACS;
6. The Price is inclusive of Contractor delivery charges as posted on the Site [insert link], and includes any GST.  The price of Products is current as at the time of posting on the Site; and
7. After Checkout:
   1. You cannot change or modify Your Order without the prior written consent of ACS;
   2. the full Price is immediately charged to Your credit card;
   3. ACS will arrange delivery of the Products by a Contractor to Your nominated delivery address as soon as reasonably practicable and not later than 20 Business Days after the date of Your Order.  Delivery will be made to Your nominated delivery address, even if the premises are unattended;
   4. property in the Products does not pass to You until ACS has processed Your payment and received the full Price.  Risk in the Products passes to You at the time of delivery by the Contractor to Your nominated delivery address; and
   5. ACS does not accept any responsibility for Products after delivery.

5. RETURNS

At its sole election, ACS may arrange the replacement of Products or a refund of the Price paid by You (excluding delivery charges) if:

1. the Products fail to arrive at Your nominated delivery address and ACS is unable to produce documentary evidence that delivery was, in fact, made to that address; or
2. You return the Products to ACS within 30 days of your Order, together with proof of purchase.
3. You agree that Your rights are limited to this clause.  ACS shall not be liable for any loss or damage suffered by You (howsoever caused) arising from this Agreement.  To the fullest extent permitted by law, all conditions or warranties expressed or implied by law are excluded.  ACS shall not be liable for any direct, indirect or consequential loss, damage, cost or expense whatsoever.

6. ASSURANCES

You warrant that:

1. all information you provide to ACS is true, accurate and complete;
2. your Use of the Service is not fraudulent or misleading, and does not violate any law, statute or regulation; and
3. you shall not infringe any ACS Intellectual Property on the Site.

7. INDEMNITY

You agree to indemnify ACS and keep ACS indemnified from and against any and all claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against ACS in connection with this Agreement, and all loss, damage, liability, costs (including legal costs) or expenses that may be incurred by ACS arising out of or in connection with Your use of the Site or the Service, use of the Site or the Service by any person using Your Account or Your credit card, or any breach of this Agreement by You.

8. TERMINATION

ACS may immediately terminate this Agreement and cease to provide the Service to You if:

1. You breach any of the warranties, terms or conditions of this Agreement or any other online terms and conditions of use of the Site, as amended from time to time;
2. Your credit card is rejected or cancelled; or
3. ACS is no longer able to provide the Site or the Service for any reason.

If ACS terminates this Agreement for any reason, Your Account will be terminated, You must not apply for a new Account, and You must fulfil any outstanding obligations You have under this Agreement at the time of termination, including but not limited to payment for any Products purchased by You prior to termination.  Termination of this Agreement by ACS is in addition to any other rights or remedies available to ACS pursuant to this Agreement or at law.

9. GENERAL

You agree that:

1. no liability shall result from the delay or failure in the performance by ACS or a Contractor of their obligations under this Agreement caused by circumstances beyond their reasonable control, including but not limited to acts of God, fire, flood, accident, shortage of or inability to obtain Products, supplies, equipment or transport, or the acts of third parties;
2. any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions;
3. a failure or delay by ACS to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by ACS does not preclude its future exercise or the exercise of any other power or right; and
4. this Agreement is governed by and must be construed according to the laws of the State of Victoria, Australia, and You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.