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TERMS OF USE FOR ONLINE SALES

1 Acceptance of Terms of Use

1.1 This website “iptrading.com.au” is operated and owned by I P Trading Pty Ltd (ACN 095 695 944) and its related entities or body corporates (“us”, “we” and “our”).

1.2 Y our use of this Site is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, and any other policy displayed on the Site, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Site.

1.3 Any time you visit the Site, purchase any Products or services from us, or enter into any transaction with us whatsoever, you are taken to accept these Terms of Use.

1.4 We may amend or modify the Site, the Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Terms of Use as modified.

1.5 These Terms of Use will prevail over any other terms or agreement between you and us.

2 Definitions

2.1 In these Terms of Use:

Claim means a claim, action, proceeding, notice, litigation, investigation, judgment, liability or demand made against the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or deferred whether based in contract, tort or statute and whether involving a third party or party to this Agreement;

Business Day means a day on which banks are open for business in the State other than a Saturday or Sunday.
General Warranty is defined in clause 11.1.

GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Price means for each Product, the price listed on Site and which are subject to change from time to time.

Privacy Policy means our privacy policy available here.

Product means any products or goods offered for sale on our Site.

Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.

Site means this website operating under the name “iptrading.com.au ”.

State means the New South Wales.

Terms of Use means these Terms of Use which include the Privacy Policy.

Warranty or Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

Warranty Period means a period of 5 years for TurboX compatible transceivers, TurboX fibre cables and TurboX Ethernet cables and a period of 1 year for other Products. Certain Products may carry Warranty Periods less than 1 year, Warranty Periods for these will be set out in the relevant Product descriptions.

We, we, us, our means I P Trading Pty Ltd (ACN 095 695 944) and its related entities or body corporates.

You, you or your mean you and any user of this Site. 

3 Access

3.1 Access to and use of this Site, and the availability of any Products, is subject to you being at least 18 years old and having the legal capacity to enter into binding contracts. If this condition is are not satisfied, please cease using the Site immediately.

4 Registration

4.1 You may be required to be a registered customer to access certain features of our Site.

4.2 When you register and activate your account, you will provide us with personal information such as your name and email address and other details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

4.3 You will create a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.

4.4 You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and legal action may be taken against you.

5 Your conduct

5.1 In using the Site, you must:

(a) strictly comply with any policy displayed on our Site;

(b) obey all laws whatsoever (including international law) which may apply in respect of your use of the Site;

(c) not take any action that is likely to impose upon the Site or us (or our third-party suppliers) a disproportionately large web traffic load;

(d) not interfere with the proper working of the Site or any activities conducted via the Site, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Site;

(e) except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Site;

6 Products

6.1 Sale Contracts
Every time you purchase any Products from us using the Site, you enter into a separate Sale Contract with us to buy the relevant Product in exchange for the relevant Price. In the event you initiate a purchase of Products using the Site, but thereafter complete the transaction through IP Trading, our offline business, then the sale will be governed by separate processes and conditions of sale which will be provided to you by email. 

6.2 Price

(a) All Prices are subject to change at any time. The Price must be paid without setoff or deduction on the terms and conditions of these Terms of Use and specifically this clause 7. You must also abide by the terms and conditions of the payment processor associated with your account.

(b) Unless otherwise expressly stated, all Prices are payable in Australian currency and are inclusive of GST. 

(c) We are entitled to charge you:

(i) an additional charge depending on your payment method as set out on the Site in the payment area;

(ii) any cost which we pay to recover any amount owed to us by you, including without limitation any legal fees and debt collection charges; 

(iii) any bank fees, merchant fees, commissions or any other bank charges, charged to us as a result of any issue with your payment, and an additional administration fee of $50 to process such issues. All such charges must be paid to us on demand.

6.3 Descriptions
Products displayed on our Site or otherwise disclosed may not be available or be exactly as described. We will use our best endeavours to ensure that Product details, descriptions, images and prices are correct at the time the relevant information is entered into the system or disclosed to you. However, to the extent permitted by law, we do not warrant that the descriptions or other content available on the Site or otherwise disclosed are accurate, complete, reliable, current, or error-free.

6.4 Ordering Products

(a) All Prices may change from time to time. Product Prices may change due to a variety of factors, including without limitation promotional events or new offerings.

(b) All Products are subject to availability.

(c) We reserve the right to refuse to sell or supply Products to any person, for any reason, at our sole discretion.

(d) All orders accepted by us will be executed at your sole risk.

6.5 Cancellation of Order

(a) We may cancel or reduce the Products ordered by you without notice if we believe, in our sole discretion, that:

(i) you have breached the Terms of Use or that the completion of your order may result in a breach of the Terms of Use; or

(ii) you are hostile to us; or

(iii) you initiate credit card chargebacks or dispute/claims without valid cause.

(b) We may also cancel a Product or part of Products ordered by you for any of the following reasons:

(i) the Product or item(s) for the Product is no longer available; or

(ii) there was difficulty in processing payment information; or

(iii) delivery to the address was not possible or the delivery address is a post box; or

(iv) the delivery rate charged in the ‘shopping cart’ is less than the actual delivery rate; or

(v)  a duplicate order for a Product was placed; or

(vi) the Product was cancelled with your consent.

(c) If your Product is cancelled, you will be contacted to explain the reason for the cancellation and (if applicable) the appropriate amount will be refunded via your original payment method.

(d) You may only cancel an order placed on the Site:

(i) immediately; if we inform you that an “in stock item” is not available for immediate delivery; or

(ii) via email to sales@iptrading.com.au within 60 minutes of you receiving an order confirmation . Your e-mail will be acknowledged during normal working hours being 8:00am - 5:00pm EST.

Any other order may only be cancelled with our prior written permission, which may be withheld at our sole discretion and on terms which will indemnify us against any Claim or Loss resulting from your cancellation of the order.

6.6 Delivery

(a) Delivery Timeframe: Time will not be of the essence of any Sale Contract. While we will make best efforts to deliver the Products by any delivery date quoted by us, any delivery times quoted to you are indicative only. Products may be delivered in one or more parts. You must pay all costs of redelivering any Product which could not be delivered initially because of your unavailability to receive the Product. If no delivery date is quoted then we will deliver the Products as soon as we can conveniently do so. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third-party.

(b) Risk of loss to Products: You bear the risk of damage to the Products howsoever caused incurred in the course of delivery. You agree that no claim of any nature will lie against us for Products lost or damaged in transit through whatever cause, including negligence, and any carrier of the Products will be deemed to be your agent even where such carrier has been engaged by us.

(c) Title to Products: We retain the legal ownership of any Products until the latter of the dispatch of the Products to you or when full payment (including any bank charges, bank fees and administration fees) for the Products is received by us. The legal ownership of the Products will immediately revert to us if we refund any such payment to you.

(d) Receipt of Products: Upon delivery of the Products, you must inspect the Products for any shortage or quality issues. You will be deemed to have accepted the Products and waived the right to make any claim unless you notify us in writing within 7 days of receiving the Products. If we have provided you with more Products than what you ordered, you must also notify us and return the surplus Products to us (we will bear the shipping costs).

(e) Unexpected Events: We are not liable for any failure to comply with a Sale Contract if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as strikes, lock outs, failure of usual sources of supply of Products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality. If such circumstances occur, we may delay or suspend delivery of Products, without any cost to us. In such an event, we may with your consent cancel the order, after which you will have no further claim on the Products or against us. If the order is not so cancelled, we will complete delivery as soon as reasonably practicable.

6.7 Returns

(a) To the maximum extent permitted by law, returns are only with our prior written consent, which may be withheld at our sole discretion. Should we consent to the return of the Products, we shall be entitled to charge a handling and restocking fee of no less than 10% of the total Price of the Products returned quoted on the relevant invoice. You will be responsible for arranging the return of the Products to us and must bear the risk of damage to the Products howsoever caused incurred in the course of return of the Products. All transportation charges (including freight charges) for the return of the Products must be paid by you. The handling and restocking fee will be payable by you to us within 7 days from the date of the return of the Products concerned.

(b) Products returned without our consent will not be accepted for credit and we will be entitled to:

(i) return the Products at your expense to you which expenses will be payable on demand by us; or

(ii) hold the Products as a pledge in respect of your indebtedness to us, whether liquidated or not, and sell the Products and apply the proceeds of the sale to the amount owing by you.

(c) If you have received the wrong Products, any item is damaged or your order does not arrive, please contact us immediately (and no longer than 7 days from receipt of the Products) and give a full detailed description of the problem/damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem.

7 Support

7.1 You acknowledge that unless otherwise specified by us in writing, the Products are supplied without the after-sales support of the manufacturer of the Products. 

7.2 Where available, you may purchase the after-sales support of the Products from the manufacturer of the Products or from any authorised reseller appointed by the manufacturer. We are not a party to such transaction and will have no liability towards you in relation to the after-sales support. 

 

8 Software Licenses

8.1 You acknowledge that:

(a) certain Products sold to you by us may be supplied together with certain embedded software (“Supplied Software”);

(b) we make no representations or Warranties that the Supplied Software is supplied with a valid licence or that the Supplied Software is fit for any particular purpose; and

(c) you are responsible for identifying and ensuring that you purchase the relevant licence for the Supplied Software so that you may use the Supplied Software.

9 Intellectual Property Rights

9.1 Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Site (including all intellectual property comprised in the Site content), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Site or Site content.

9.2 You acknowledge and agree that the Site and the Content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Site.

9.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Site content without our prior written permission or that of the relevant third-party licensor or exploit such contents for commercial benefit.

9.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 11 and that equitable or injunctive relief may be necessary.

10 Third-party sites

10.1 The Site may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.

10.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Site:

(a) you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Site.

11 Warranty, Disclaimer and limitation of liability

11.1 Subject to anything to the contrary set out in the relevant Product description, if any Product (other than software) ceases to operate in accordance with their specifications during the applicable Warranty Period following delivery of those Products to you, other than due to the misuse of those Products or their improper storage, maintenance or cleaning, we will repair or replace the Products at our election (and the Products may be replaced with used or refurbished items, at our election, which may not be identical to the Products in question but will at least be able to operate to the relevant specification). You acknowledge that we shall have no further liability or obligation in connection with the Products or their failure to operate in accordance with their specifications or not at all (General Warranty).

11.2 Save and except for the General Warranty under clause 11.1, to the maximum extent permitted by law, we exclude all Warranties including but not limited to the Warranty for merchantability, suitability or fitness for purpose of any Products offered, condition or durability of the Products or of the results that can be gained from the use of the Products. Any Products supplied pursuant to a Sale Contract are supplied “As Is” and “As Available”.

11.3 Any information or advice provided on the Site, including any information or advice in relation to the Products or anything else, is of general nature only. You acknowledge that:

(a) your use of any Products and any accessories or any advice is solely at your own risk;

(b) you must rely entirely on your own enquiries and judgment in relation to Products and any accessories, anything offered by us, any advice and any other information or material contained on the Site;

(c) you must not use any Products or other accessories in a manner inconsistent with any displayed instructions;

(d) we are not liable for any reckless or negligent act or omission by you.

11.4 We exclude all liability for any damage to the Products caused by your failure to properly follow our advice or reasonable caution in relation to the storage, maintenance and cleaning of the Products. You must take reasonable steps to store, maintain and clean all Products and accessories in accordance with standard practice and any instructions provided.

11.5 Subject to clause 13.7, in no event will we be liable (including after termination of the Sale Contract) for any Loss which you or any third party suffers or any Claim that arises due to our or our agents or employees’ negligence. 

11.6 To the extent that any law including Competition and Consumer Act 2010 (Cth) (“CCA”) restricts our right to exclude Warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions to:

(a) the replacement of the relevant Products or the supply of equivalent products;

(b) the repair of the relevant Products;

(c) the payment of the cost of replacing the relevant Products or of acquiring equivalent products; and

(d) the payment of the cost of having the relevant Products repaired.

11.7 Our liability arising in connection with these Terms of Use or the Site is also limited as follows:

(a) we exclude all liability for consequential, special, indirect, non-economic or remote loss, including loss of opportunity or business;

(b) our total maximum total liability arising in connection with any Sale Contract is capped to the total amount of any Products Prices of that Sale Contract;

(c) our liability is excluded to the extent that you contributed to the liability;

(d) we exclude all liability for anything you have been aware of for longer than six months and you have not commenced a Claim; and

(e) our liability is subject to your duty to mitigate your loss.

11.8 We provide the Site on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Site, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Site.

11.9 In the event that we terminate the Site or your access to the Site pursuant to these Terms of Use, you release us from all liability, loss or claims suffered by you as result of or arising out of such termination.

11.10 All of the above subclauses are cumulative to one another.

12 Release and Indemnity

12.1 To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

12.2 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.

12.3 In this clause:

(a) Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.

(b) Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

(c) Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.

(d) Relevant Matter means anything in connection with:

(i) any damage to person, property, personal injury or death;

(ii) cancellation of an order, howsoever caused;

(iii) delivery, use , operation, storage or removal of the Products, save for a breach of the General Warranty;

(iv) your breach of these Terms of Use or the Sale Contract;

(v) any matter for which we have purported to disclaim liability for under these Terms of Use;

(vi) your use, misuse, or abuse of the Site; and

(vii) your breach or failure to observe any applicable law.

13 Termination

13.1 You acknowledge and agree that:

(a) we may terminate your access to the Site at any time without giving any explanation;

(b) we may terminate these Terms of Use or any Sale Contract immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion; and

(c) Termination of these Terms of Use, a Sale Contract or your access to the Site does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.

14 General

14.1 You agree that our delivery notes will be deemed to be prima facie proof of delivery to you of the Products described in the delivery note. In the event of a dispute as to the number of Products sold and delivered and their value, the onus of proving that the Products were not delivered and/or the quantity and price thereof is not in accordance with our invoices will be upon you.

14.2 No concession, latitude or indulgence allowed by us to you may be construed as a waiver or abandonment of any of our rights under the Terms of Use or act as an estoppel against us.

14.3 All payments to be made by you must be free and clear, without any set-off, counterclaim or condition.

14.4 You agree that a certificate signed by any of our employees setting out the balance owing by you to us for Products sold will be final, binding and conclusive as against you.

14.5 You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms of Use or any Sale Contract.

14.6 Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day. Any notice to you will be addressed to the most recent address that we have of you in our records. Any notice to us must be sent to Unit 1, 3 Mentmore Avenue, Rosebery NSW 2018.

14.7 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use.

14.8 If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

14.9 These Terms of Use are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of that State and all courts of appeal therefrom.

14.10 Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.

14.11 The contents of these Terms of Use and the Sale Contract constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.

14.12 A provision of this agreement which can and is intended to operate after its conclusion will remain in full force and effect – including all indemnities and releases.