Terms of Use

Introduction

www.groovygadgets.com.au is owned and operated by STRATEGIES UNLEASHED PTY LTD T/AS Groovy Gadgets (ABN: 62 102 689 403), and is here in referred to as 'the project' and/or 'the web site' and/or 'the site' and/or 'Groovy Gadgets'.

Access to the web site is subject to the user's acceptance and agreement with the terms, conditions, notices and disclaimers contained herein. Use of, and/or access to, the web site constitutes agreement to the Terms of Use. The Project owner reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to them in this document and elsewhere on the web site.


Security & Privacy Policy

We aim to provide all of our customers with a safe online shopping experience. Our system encodes your credit card and contact details to ensure its safe transfer to us. We respect your privacy and personal information. The Groovy Gadgets team warrants that all personal information submitted by visitors to the web site will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.

We may use your email address to send out e-newsletters and other announcements regarding promotions, new products and special features. Should you wish to be removed from our mailing list at any time, please let us know via email, phone or fax, or using the unsubscribe link on any e-newsletter you are sent.

Legal Capacity To Transact

If you are under the age eighteen (18) years you cannot place orders with Groovy Gadgets.

By accepting these Terms Of Use you acknowledge that you are over the age of eighteen (18) years.

Should Groovy Gadgets suffer any damage or other losses as a result of a transaction entered into by a minor, Groovy Gadgets reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Groovy Gadgets

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Product Pricing And Information

All material on this website is subject to change without notice. For any questions relating to products, pricing or other matters please contact us using the contact us form on the website, or via phone or fax

Placing Your Order

You may place an order by using the shopping cart system on the Groovy Gadgets Web Site.

The price of products shown excludes shipping costs.

By placing an order, you make an offer to us to purchase the product(s) you have selected based on these Terms and Conditions Of Use. Information contained on the Groovy Gadgets website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Groovy Gadgets will make every effort to supply Products to you. We will notify you that your order is being processed by sending you a tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Groovy Gadgets reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

If we cannot process or accept your order after payment is received we will contact you by email or telephone.

Business days are Monday through Friday, excluding NSW Public holidays.

GST

All prices on the Groovy Gadgets website include GST

Delivery Of Your Products

Delivery time takes up to 10 working days from the date your payment is received.

Although every effort is made to ship your order as quickly as possible, estimated shipping times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived within 10 working days, please contact us.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post) will leave a card so you can pick-up your product from your local Post Office. Where delivery is by our TNT courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

We will use our reasonable efforts to deliver your Products to you within 10 business days; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all Products will pass to you on delivery.

Payment Options

1) Order online using credit card (VISA or Mastercard only). Credit cards may only be used to purchase goods for orders within Australia. Our 128 bit SSL security system ensures your credit card and contact details are safe and secure.

2) Order and pay by phone - Please phone 1300 447 668 to place your order. If you receive a voicemail message please leave a detailed message with your contact details and we will return your call as soon as possible

3) Order and pay by fax - Please fax your order with address, payment and contact details to 02 80786007

Credit Card Fraud

Whilst Groovy Gadgets employs the latest in Secure Sockets Layer (SSL) technology software for its transactions, Groovy Gadgets will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Force Majeure

Groovy Gadgets shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Groovy Gadgets, and Groovy Gadgets shall be entitled to a reasonable extension of time for the performance of such obligations.

Restrictions on use of content and intellectual property within the web site

All materials, text, graphics, information, software and advertisements on the web site are Copyright © 2010. The contents of the web site are published in real-time and must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of The Project, except where authorised on the web site, or is expressly authorised in writing by The Project or its authorized partners or members.

Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of The Project or a partner or member or which is prohibited by the Terms of Use.

Public use of the web site

The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. The Project reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.


Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of The Project, and The Project is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. The Project provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Project or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by The Project or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not necessarily made by The Project, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The Project is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to The Project terms of use.

Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Project of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). The Project does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) The Project and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Project does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) The Project does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not The Project) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Project) will The Project or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that The Project does not exert control over users of the web site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Projects' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Project to the following: in the case of services supplied or offered by The Project, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Project, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by The Project, and The Project may terminate this agreement and users' access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all The Project disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

The Project relies on the user's continued observance of these Terms of Use. If The Project suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify The Project for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the New South Wales, Australia. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.