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.
You warrant and agree that:
When You register to use the Service, You:
You acknowledge and agree that:
At its sole election, ACS may arrange the replacement of Products or a refund of the Price paid by You (excluding delivery charges) if:
You warrant that:
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.
ACS may immediately terminate this Agreement and cease to provide the Service to You if:
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.
You agree that:
I agree to the above terms and conditions