WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.afrotech.com.au (the ‘ Website’). The Website provides you
with an opportunity to browse and purchase various products that have been
listed for sale through the Website (the ‘ Products’). The Website provides this
service by way of granting you access to the content on the Website (the ‘
1.2. The Website is operated by Afrotech PTY. LTD (ABN 61 329 535 952) . Access
to and use of the Website, or any of its associated Products or Services, is
provided by Afrotech. Please read these terms and conditions (the ‘ Terms’)
carefully. By using, browsing and/or reading the Website, this signifies that you
have read, understood and agree to be bound by the Terms. If you do not
agree with the Terms, you must cease usage of the Website, or any of
1.3. Afrotech reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Afrotech updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Afrotech in the user interface.
- Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.2. You warrant that any information you give to Afrotech in the course of
completing the registration process will always be accurate, correct and up to
3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘ Member’) and agree to be bound by the Terms. As
a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Afrotech; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
- Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Afrotech of
any unauthorised use of your password or email address or any breach of
security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Afrotech providing
the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Afrotech for any illegal or unauthorised use of the Website;
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
- Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘ Purchase Price’).
5.2. Payment of the Purchase Price may be made through Cash/Invoice (the ‘
Payment Gateway Provider’)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
5.3. Following payment of the Purchase Price being confirmed by Afrotech, you will
be issued with a receipt to confirm that the payment has been received and
Afrotech may record your purchase details for future use.
5.4. Afrotech may, at their sole discretion, provide a refund on the return of the
Products within 30 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this
6.1. Afrotech’s Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a
major failure of the Product. You are also entitled to have the Products repaired
or replaced if the Products fail to be of acceptable quality and the failure does
not amount to a major failure (the ‘ Warranty’).
6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material
defects and workmanship in the Products within 12 months from the date of
purchase (the ‘ Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Afrotech showing the date of purchase of the
Products, provide a description of the Products and the price paid for the
Products by sending written notice to Afrotech at 1/541 Old Cleveland Road,
Camp Hill, Queensland, 4152 or by email at email@example.com.
6.4. Where the Warranty Claim is accepted then Afrotech will, at its sole discretion,
either repair or replace any defective Products or part thereof with a new or
remanufactured equivalent during the Warranty Period at no charge to you for
parts or labour. You acknowledge and agree that you will be solely liable for
any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Afrotech and
shall be the sole and exclusive remedy available to you in addition to other
rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7.1. You acknowledge that the Purchase Services offered by Afrotech integrate
delivery (the ‘ Delivery Services’) through the use of third party delivery
companies (the ‘ Delivery Service Providers’).
7.2. In providing the Purchase Services, Afrotech may provide you with a variety of
delivery and insurance options offered as part of the Delivery Services by the
Delivery Service Providers. You acknowledge and agree that Afrotech is not the
provider of these delivery and insurance options and merely facilitates your
interaction with the Delivery Service Providers in respect to providing the
7.3. In the event that an item is lost or damaged in the course of the Delivery
(a) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(b) contact us by sending an email to firstname.lastname@example.org outlining in what
way the Products were damaged in transit so we are able to determine if
the Delivery Service Provider should be removed from the Purchase
- Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Afrotech
are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the site content and compilation of
the website (including text, graphics, logos, button icons, video images, audio
clips and software) (the ‘ Content’) are owned or controlled for these
purposes, and are reserved by Afrotech or its contributors.
8.2. Afrotech retains all rights, title and interest in and to the Website and all related
content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Afrotech; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Afrotech and the
permission of any other relevant rights owners: broadcast, republish, up-load to
a third party, transmit, post, distribute, show or play in public, adapt or change
in any way the Content or third party contact for any purpose. This prohibition
does not extend to materials on the Website, which are freely available for reuse
or are in the public domain.
Afrotech takes your privacy seriously and any information provided through your use of
which is available on the Application.
- General Disclaimer
10.1. You acknowledge that Afrotech does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
10.2. Afrotech will make every effort to ensure a Product is accurately depicted on
the Website, however, you acknowledge that sizes, colours and packaging may
differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Afrotech we will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee),
loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Afrotech
(including the Delivery Services), is at your own risk. Everything on Website,
the Purchase Services, and the Products of Afrotech, are provided to you on an
“as is” and “as available” basis, without warranty or condition of any kind. None
of the affiliates, directors, officers, employees, agents, contributors, third party
content providers or licensors of Afrotech (including any third party where the
Delivery Services are made available to you) make any express or implied
representation or warranty about its Content or any products or Purchase
Services (including the products or Purchase Services of Afrotech) referred to
on the Website. This includes (but is not restricted to) loss or damage you
might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
- Limitation of Liability
11.1. Afrotech’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
most recent Purchase Price paid by you under these Terms or where you have
not paid the Purchase, then the total liability of Afrotech is the resupply of
information or Purchase Services to you.
11.2. You expressly understand and agree that Afrotech, its affiliates, employees,
agents, contributors, third party content providers and licensors shall not be
liable to you for any direct, indirect, incidental, special consequential or
exemplary damages which may be incurred by you, however caused and
under any theory of liability. This shall include, but is not limited to, any loss of
profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
11.3. Afrotech is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of
the website of Afrotech, by third parties or by any of the Purchase Services
offered by Afrotech.
11.4. You acknowledge that Afrotech does not provide the Delivery Services to you
and you agree that Afrotech will not be liable to you for any special, indirect or
consequential loss or damage, loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Delivery Services.
- Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Afrotech
as set out below.
12.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Afrotech via the ‘Contact Us’ link on
(a) notifying Afrotech at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Afrotech has made this option available to you.
12.3. Afrotech may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Afrotech is required to do so by law;
(c) the partner with whom Afrotech offered the Purchase Services to you has
terminated its relationship with Afrotech or ceased to offer the Purchase
Services to you;
(d) Afrotech is transitioning to no longer providing the Purchase Services to
Users in the country in which you are resident or from which you use the
(e) the provision of the Purchase Services to you by Afrotech is, in the opinion
of Afrotech, no longer commercially viable.
12.4. Subject to local applicable laws, Afrotech reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny,
in its sole discretion, your access to all or any portion of the Website or the
Purchase Services without notice if you breach any provision of the Terms or
any applicable law or if your conduct impacts Afrotech’s name or reputation or
violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Afrotech have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights, obligations
and liabilities indefinitely.
13.1. You agree to indemnify Afrotech, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
A party to the Terms claiming a dispute (‘ Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘ Notice’) by that other party, the parties to the Terms
(‘ Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his
or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Camp Hill, Australia.
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
- Venue and Jurisdiction
The Purchase Services offered by Afrotech is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under
and pursuant to the laws of Queensland, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.