Terms and Conditions
Acceptance of Terms and Conditions
These Terms and
Conditions govern your use of the CAPSDIRECT.com.au Web site. By
using, visiting, or browsing the CAPSDIRECT.com.au Web site, you
accept and agree to be bound by these Terms and Conditions. If you
do not agree to these Terms and Conditions, you should not use the
CAPSDIRECT.com.au Web site.
Changes to Terms of Conditions
CAPSDIRECT.com.au
Pty Ltd reserves the right, from time to time, with or without notice
to you, to change these Terms of Use at our sole discretion. The
most current version of these Terms & Conditions can be reviewed
by clicking on the "Terms & Conditions"
hyperlink located at the bottom of the pages of the CAPSDIRECT.com.au
Web site under "Legal Information". The most current version of
the Terms & Conditions will supersede all previous versions. Your
use of the CAPSDIRECT.com.au Web site after changes are made means
that you agree to be bound by such changes. We will endeavor to
notify you of any changes via email.
Privacy
Any information
submitted on the CAPSDIRECT.com.au Web site is subject to our Privacy Policy, the terms of which are incorporated herein.
Please review our Privacy Policy to understand our practices. By using the Web
site you accept and consent to these practices.
Membership and Billing
You can find the
specific details regarding your membership account with CAPSDIRECT.com.au
at anytime by clicking on the "My Account" tab, located at the top
of the pages of the CAPSDIRECT.com.au Web site.
· Billing (Credit Cards)
As a purchaser
to CAPSDIRECT.com.au, you agree that we are permitted to charge
your credit card after confirmation of submitted orders as required
before supplying any goods or services, including all goods and
services tax and any other charges you may incur in connection with
your use of CAPSDIRECT.com.au. We will automatically charge your
credit card on receipt of your confirmation and authorisation to
supply your order. All fees and charges are non-refundable. We may
change the fees and charges in effect, or add new fees and charges
from time to time, but we will give you advance notice of these
changes by email. If you want to use a different credit card or
if there is a change in your credit card validity or expiration
date, you may edit your credit card information by clicking on the
"My Account" button, available at the top of the pages of the CAPSDIRECT.com.au
Web site when you are logged in.
·Billing (Direct Deposits)
As a purchaser
to CAPSDIRECT.com.au you will be required to deposit all funds directly
to our bank account after confirmation of submitted orders as required
before supplying any goods or services, including all goods and
services tax and any other charges you may incur in connection with
your use of CAPSDIRECT.com.au. All fees and charges are non-refundable.
We may change the fees and charges in effect, or add new fees and
charges from time to time, but we will give you advance notice of
these changes by email. Any invoices issued to your Company will
be emailed and sent via the post
· Cancellation
As noted above,
you may cancel your membership to CAPSDIRECT.com.au at anytime.
To cancel, click the "My Account" tab and follow the instructions
under the heading "Close / Suspend My Account." Cancellation of
your account removes your Company / Personal Information from our
database ensuring that CAPSDIRECT.com.au will have no stored records
pertaining to your Comapny or Personal Information on our website.
· Fraudulent / Suspicious Acts
If CAPSDIRECT.com.au suspects any fraudulent or suspicious acts,
we retain the right to place all accounts on hold or suspension,
review activity and demand any items to be returned to CAPSDIRECT.com.au
without prior warning. Matters in this instance will incur charges
as per above and may also be raised as a Legal issue.
Account Access
You are responsible
for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you have full right
to request access to all personal information held as stated within
our Privacy Policy. You are also responsible to ensure your personal
information is accurate and complete. You can maintain and update
your personal information by clicking on the "My Account" button,
available at the top of the pages of the CAPSDIRECT.com.au Web site.
Disclaimers of Warranties and Limitations on Liability
The CAPSDIRECT.com.au
Web site and its contents are provided "as is" and we make no representations
or warranties of any kind with respect to the CAPSDIRECT.com.au
Web site or its contents. We assume no liability or responsibility
for any errors or omissions in the content of the CAPSDIRECT.com.au
Web site, any failures, delays, or interruptions in the delivery
of any content contained on the CAPSDIRECT.com.au Web site, any
losses or damages arising from the use of the content provided on
the CAPSDIRECT.com.au Web site, or any conduct by users of the CAPSDIRECT.com.au
Web site. We disclaim all representations and warranties, including,
for example, warranties of merchantability, fitness for a particular
purpose, and non-infringement. In addition, we do not represent
or warrant that the information accessible via our site is accurate,
complete or current.
In no event shall
CAPSDIRECT.com.au, its shareholders, directors, officers, or employees
be liable (jointly or severally) to you for any special, incidental,
indirect or consequential damages of any kind, or any damages whatsoever
resulting from loss of use, data or profits, whether or not advised
of the possibility of damage, and on any theory of liability, arising
out of or in connection with the use or performance of this information.
If any applicable authority holds any portion of this section to
be unenforceable, then liability will be limited to the fullest
possible extent permitted by applicable law.
Intellectual Property
Copyright
All content included
on the CAPSDIRECT.com.au Web site, including text, graphics, logos,
designs, photographs, button icons, images, audio/video clips, digital
downloads, data compilations, and software, is the property of CAPSDIRECT.com.au
Pty Ltd its suppliers and is protected by Australian and International
copyright laws. The compilation of all content on this site is the
exclusive property of CAPSDIRECT.com.au Pty Ltd, and protected by
Australian and international copyright laws. They should not be
reproduced or used without express written permission from CAPSDIRECT.com.au
Pty Ltd.
Trademarks
All trademarks
not owned by CAPSDIRECT.com.au Pty Ltd that appear on the CAPSDIRECT.com.au
Web site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by CAPSDIRECT.com.au
Pty Ltd. Any images of persons or personalities contained on the
CAPSDIRECT.com.au Web site shall not be an indication of endorsement
of any particular product or our service unless otherwise specifically
indicated.
Entertainment and Web Site Content
We distribute
merchandise products. Any opinions, advice, statements, services,
offers, or other information that constitutes part of the content
expressed or made available by third parties on the CAPSDIRECT.com.au
Web site are those of the respective authors or producers and not
of CAPSDIRECT.com.au or its shareholders, directors, officers, or
employees. Under no circumstances shall CAPSDIRECT.com.au or its
shareholders, directors, officers, directors, or employees be held
liable for any loss or damage caused by your reliance on information
obtained through the CAPSDIRECT.com.au Web site. It is your responsibility
to evaluate the information, opinion, advice, or other content available
through the CAPSDIRECT.com.au Web site.
We permit you
to post reviews on the CAPSDIRECT.com.au Web site in accordance
with the procedures established on the CAPSDIRECT.com.au Web site
and provided that the content is not illegal, obscene, threatening,
defamatory or otherwise objectionable to us.
Use of Information Submitted
CAPSDIRECT.com.au
is free to use any comments, information, ideas, concepts, reviews,
or techniques contained in any communication you may send to the
CAPSDIRECT.com.au Web site without further compensation, acknowledgement
or payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and
creating, modifying or improving the CAPSDIRECT.com.au Web site
or other Web sites. Furthermore, by posting any information on our
site, you grant us a nonexclusive, royalty-free license to display,
use, reproduce or modify that information.
Your Conduct on the CAPSDIRECT.com.au Web Site
By accessing the
CAPSDIRECT.com.au Web site, you agree not to interfere with the
servers or networks connected to the CAPSDIRECT.com.au Web site
or to violate any of the procedures, policies or regulations of
networks connected to the CAPSDIRECT.com.au Web site, the terms
of which are incorporated herein. You also agree not to impersonate
any other person while using the CAPSDIRECT.com.au Web site, conduct
yourself in a vulgar or offensive manner while using our service,
or use the CAPSDIRECT.com.au Web site for any unlawful purpose.
Limitations on Use
You must be 18
years of age or older to use the CAPSDIRECT.com.au service. Unless
otherwise specified, the content on the CAPSDIRECT.com.au Web site
is for your personal and non-commercial use and we grant you a limited
license to access the CAPSDIRECT.com.au Web site for that purpose.
You may not download (other than through page caching necessary
for personal use), modify, copy, distribute, transmit, display,
perform, reproduce, duplicate, publish, license, create derivative
works from, or offer for sale any information contained on, or obtained
from, the CAPSDIRECT.com.au Web site without our express written
consent. Any unauthorized use of the CAPSDIRECT.com.au Web site
or its contents will terminate the limited license granted by us.
A CAPSDIRECT.com.au
member may not have more than one active membership, whether this
is by use of name, e-mail address, an alias or combination thereof.
If you breach this condition, you may be liable for the recovery
of any benefits obtained by this way, such as gift vouchers, promotional
benefits and the value therein.
Right to Terminate
We reserve the
right to terminate or restrict your use of our service, without
notice, for any or no reason whatsoever.
Links
Some of the hyperlinks
on the CAPSDIRECT.com.au Web site may lead to other Web sites that
are not controlled by, or affiliated with, CAPSDIRECT.com.au. In
addition, other Web sites may link to the CAPSDIRECT.com.au Web
site. CAPSDIRECT.com.au has not reviewed these Web sites and is
not responsible for the content or privacy policies of these Web
sites.
MISC
Users may not
use CAPSDIRECT.com.au to send
unsolicited advertising, promotional material, or other forms of
solicitation to other Users except in those specified areas that
are designated for such a purpose.
All care is taken
to ensure that CAPSDIRECT.com.au's
Web site and data transmissions are free from Viruses. However,
it is your responsibility to scan any such data for viruses.
CAPSDIRECT.com.au
Web site contains robot exclusion files, and you agree that you
will not use any robot, spider, other automatic device, or manual
process to monitor or copy our Web pages or the content herein without
our prior expressed written permission. You also agree that you
will not use any device, software, or routine to interfere or attempt
to interfere with the proper working of the CAPSDIRECT.com.au Web
site and not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure.
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