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PlastixANZ
Terms and Conditions |
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www.plastixanz.com.au. ("plastixanz.com.au")
operates this web site (the "Web Site") pursuant to
agreements with plastixanz.com.au.
("plastixanz.com.au"). |
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB
SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB
SITE. |
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1. Products, Content and Specifications. All
features, content, specifications, products and
prices of products and services described or
depicted on this Web Site are subject to change at
any time without notice. Certain weights, measures
and similar descriptions are approximate and are
provided for convenience purposes only. We make all
reasonable efforts to accurately display the
attributes of our products, including the applicable
colours; however, the actual colour you see will
depend on your computer system and we cannot
guarantee that your computer will accurately display
such colours. The inclusion of any products or
services in this Web Site at a particular time does
not imply or warrant that these products or services
will be available at any time. It is your
responsibility to ascertain and obey all applicable
local, state, federal and international laws
(including minimum age requirements) in regard to
the possession, use and sale of any item purchased
from this Web Site. By placing an order, you
represent that the products ordered will be used
only in a lawful manner. All videocassettes, DVDs
and similar products sold are for private, home use
(where no admission fee is charged), non-public
performance and may not be duplicated. |
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2. Shipping Limitations. When an order is
placed, it will be shipped to an address designated
by the purchaser as long as that shipping address is
compliant with the shipping restrictions contained
on this Web Site. All purchases from this Web Site
are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased
from this Web Site pass to you upon delivery of the
items to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost
shipments. |
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3. Accuracy of Information. plastixanz.com.au
attempts to ensure that information on this Web Site
is complete, accurate and current. Despite our
efforts, the information on this Web Site may
occasionally be inaccurate, incomplete or out of
date. We make no representation as to the
completeness, accuracy or correctness of any
information on this Web Site. For example, products
included on the Web Site may be unavailable, may
have different attributes than those listed, or may
actually carry a different price than that stated on
the Web Site. In addition, we may make changes in
information about price and availability without
notice. While it is our practice to confirm orders
by email, the receipt of an email order confirmation
does not constitute our acceptance of an order or
our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice,
to limit the order quantity on any product or
service and/or to refuse service to any customer. We
also may require verification of information prior
to the acceptance and/or shipment of any order. |
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4. Use of this Web Site. The Web Site design
and all text, graphics, information, content, and
other material displayed on or that can be
downloaded from this Web Site are either the
property of, or used with permission by,
plastixanz.com.au and are protected by copyright,
trademark and other laws and may not be used except
as permitted in these Terms and Conditions or with
the prior written permission of the owner of such
material. You may not modify the information or
materials located on this Web Site in any way or
reproduce or publicly display, perform, or
distribute or otherwise use any such materials for
any public or commercial purpose. Any unauthorized
use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and
publicity, and other laws and regulations. You are
responsible for maintaining the confidentiality of
your account information and password and for
restricting access to such information and to your
computer. You agree to accept responsibility for all
activities that occur under your account or
password. |
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5. Trademarks. Certain trademarks, trade
names, service marks and logos used or displayed on
this Web Site are registered and unregistered
trademarks, trade names and service marks of
plastixanz.com.au and its affiliates. Other
trademarks, trade names and service marks used or
displayed on this Web Site are the registered and
unregistered trademarks, trade names and service
marks of their respective owners, including
plastixanz.com.au and its affiliates. Nothing
contained on this Web Site grants or should be
construed as granting, by implication, estoppel, or
otherwise, any license or right to use any
trademarks, trade names, service marks or logos
displayed on this Web Site without the written
permission of Squash.com.au or such third party
owner. |
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6. Linking to this Web Site. Creating or
maintaining any link from another Web site to any
page on this Web Site without plastixanz.com.au's
prior written permission is prohibited. Running or
displaying this Web Site or any material displayed
on this Web Site in frames or through similar means
on another Web site without plastixanz.com.au's
prior written permission is prohibited. Any
permitted links to this Web Site must comply will
all applicable laws, rule and regulations. |
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7. Third Party Links. From time to time, this
Web Site may contain links to Web sites that are not
owned, operated or controlled by plastixanz.com.au,
or their affiliates. All such links are provided
solely as a convenience to you. If you use these
links, you will leave this Web Site. Neither
plastixanz.com.au nor any of their affiliates are
responsible for any content, materials or other
information located on or accessible from any other
Web site. Neither plastixanz.com.au nor any of their
affiliates endorse, guarantee, or make any
representations or warranties regarding any other
Web site, or any content, materials or other
information located or accessible from such Web
sites, or the results that you may obtain from using
such Web sites. If you decide to access any other
Web site linked to or from this Web Site, you do so
entirely at your own risk. |
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8. Inappropriate Material. You are prohibited
from posting or transmitting any unlawful,
threatening, defamatory, libellous, obscene,
pornographic or profane material or any material
that could constitute or encourage conduct that
would be considered a criminal offence or give rise
to civil liability, or otherwise violate any law. In
addition to any remedies that plastixanz.com.au may
have at law or in equity, if plastixanz.com.au
reasonably determines that you have violated or are
likely to violate the foregoing prohibitions,
plastixanz.com.au may take any action they
reasonably deem necessary to cure or prevent the
violation, including without limitation, the
immediate removal from this Web Site of the related
materials. plastixanz.com.au will fully cooperate
with any law enforcement authorities or court order
or subpoena requesting or directing
plastixanz.com.au to disclose the identity of anyone
posting such materials. |
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9. User Information. Other than personally
identifiable information, which is subject to this
Web Site's Privacy Policy, any material,
information, suggestions, ideas, concepts, know-how,
techniques, questions, comments or other
communication you transmit or post to this Web Site
in any manner ("User Communications") is and will be
considered non-confidential and non-proprietary.
plastixanz.com.au, each of its affiliates and/or
their designees may use any or all User
Communications for any purpose whatsoever,
including, without limitation, reproduction,
transmission, disclosure, publication, broadcast,
development, manufacturing and/or marketing in any
manner whatsoever for any or all commercial or
non-commercial purposes. plastixanz.com.au may, but
is not obligated to, monitor or review any User
Communications. plastixanz.com.au shall have no
obligations to use, return, review, or respond to
any User Communications. plastixanz.com.au will have
no liability related to the content of any such User
Communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or
otherwise. plastixanz.com.au retains the right to
remove any or all User Communications that includes
any material plastixanz.com.au deems inappropriate
or unacceptable. |
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10. Refunds & Returns Policy. PlastixANZ is a
provider of a service only – PlastixANZ service is
to feature the information provided by members – All
product purchased that is advertised on PlastixANZ
is not the responsibility of PlastixANZ. The content
of the information is the responsibility of the
member. PlastixANZ will feature information, logo’s,
banners provided by the member. For refunds for
advertising, features incorrectly placed by
PlastixANZ, please contact PlastixANZ. For all
matters relating to returns, please contact the
supplier of the item/s. |
11. DISCLAIMERS. YOUR USE OF THIS SITE IS AT
YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS"
WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. NEITHER PLASTIXANZ.COM.AU NOR
ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR SERVICES ON OR
THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON
OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND
NEITHER PLASTIXANZ.COM.AU NOR ANY OF THEIR
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY
TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH
THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW,
PLASTIXANZ.COM.AU HEREBY DISCLAIM ALL WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND
SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB
SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, PLASTIXANZ.COM.AU HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR
FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE
DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. |
12. LIMITATIONS OF LIABILITY. Neither
plastixanz.com.au assumes any responsibility, and
shall not be liable for, any damages to, or viruses
that may infect, your computer, telecommunication
equipment, or other property caused by or arising
from your access to, use of, or browsing this Web
Site or your downloading of any materials, from this
Web Site. IN NO EVENT WILL plastixanz.com.au, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS,
ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN
THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB
SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB
SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH
SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS
FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR
ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THIS WEB SITE. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH
SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND
FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE. |
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13. Revisions to these Terms and Conditions.
plastixanz.com.au may revise these Terms and
Conditions at any time and from time to time by
updating this posting. You should visit this page
from time to time to review the then current Terms
and Conditions because they are binding on you.
Certain provisions of these Terms and Conditions may
be superseded by expressly designated legal notices
or terms located on particular pages at this Web
Site. |
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14. Choice of Law; Jurisdiction. These Terms
and Conditions supersede any other agreement between
you and plastixanz.com.au to the extent necessary to
resolve any inconsistency or ambiguity between them.
This Web Site is administered by plastixanz.com.au
from its offices in Australia. These Terms and
Conditions will be governed by and construed in
accordance with the laws of the Commonwealth of
Australia, without giving effect to any principles
of conflicts of laws. Any action seeking legal or
equitable relief arising out of or relating to this
Web Site shall be brought only in the courts of the
Commonwealth of Australia. A printed version of
these Terms and Conditions shall be admissible in
judicial and administrative proceedings based upon
or relating to these Terms and Conditions to the
same extent and subject to the same conditions as
other business documents and records originally
generated and maintained in printed form. |
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15. Termination. You or we may suspend or
terminate your account or your use of this Web Site
at any time, for any reason or for no reason. You
are personally liable for any orders that you place
or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue
all or any aspect of this Web Site at any time
without notice. |
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16. Additional Assistance. If you do not
understand any of the foregoing Terms and Conditions
or if you have any questions or comments, we invite
you to call our customer service department at
info@plastixanz.com.au. |
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