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 ‘

Purchase Services’).

 

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

Services, immediately.

 

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.

 

  1. 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.

 

  1. 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

(e) Password

 

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

date.

 

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.

  1. 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;

and

(h) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

 

  1. 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,

Privacy Policy and other relevant legal documentation provided by the Payment

Gateway Providers.

 

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

clause.

 

  1. Warranty

 

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 sales@afrozone.com.au.

 

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.

 

  1. Delivery

 

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

Delivery Services.

 

7.3. In the event that an item is lost or damaged in the course of the Delivery

Services, Afrotech

(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 sales@afrozone.com.au 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

Services.

  1. 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.

 

  1. Privacy

Afrotech takes your privacy seriously and any information provided through your use of

the Application and/or the Purchase Services are subject to Afrotech’s Privacy Policy,

which is available on the Application.

 

  1. 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

User’s convenience;

(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.

 

  1. 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.

 

  1. 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

our homepage.

(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

provision;

(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

service; or

(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.

 

  1. Indemnity

 

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

Website;

(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.

  1. Dispute Resolution

 

14.1. Compulsory:

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).

 

14.2. Notice:

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.

 

14.3. Resolution:

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.

 

14.4. Confidential

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.

 

  1. 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

Queensland, Australia.

 

  1. 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.

 

  1. 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.

 

  1. Severance

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.