| www.bigshop.com.au (the Site) is
Australia’s virtual shopping mall. The Site contains merchant
and product information, allows users to purchase products from
merchants and provides a comparison shopping forum for users to
post product or merchant reviews and comments. The Site is owned
and operated by INTHENET Pty Ltd (BIGSHOP) (ACN 098 360 395).
The Site allows you to review merchant and product information
and conduct transactions with merchants. You can shop from as many
merchants listed on the Site as you like, using one shopping cart
and all in one easy transaction. BIGSHOP is not the merchant involved
in any transactions you conduct on the Site. Rather, BIGSHOP provides
an advertising service to merchants and acts as the merchant’s
agent for the sole purpose of processing payment of products purchased
via the Site. BIGSHOP provides no warranties or representations
whatsoever about products listed on the Site. We provide a mechanism
whereby you can contact the relevant merchant directly to ask questions,
learn of any merchant specific policies (including return policies)
and shopping guarantees and to calculate any product delivery costs.
Please read this User Agreement carefully before accessing or using
the information, content, services and forums available through
the Site or (where applicable) purchasing products via the Site.
If you are under 18 years of age, you must not purchase any products
via the Site and must obtain a parent/guardian’s consent before
accessing and using the Site.
Important Notice: this User agreement constitutes a legally
enforceable agreement with BIGSHOP. If you do not agree with any
of the terms of conditions contained in this User Agreement, you
are not permitted to use the Site and should immediately exit from
it.
By accessing, using and conducting transaction on the Site you agree
that your access, use and any transactions conducted on the Site
are governed by this User Agreement. Your use by accessing, browsing,
opening or otherwise using any part of the Site is evidence of your
acceptance of these terms and conditions.
BIGSHOP user account
If you register as a member of BIGSHOP via the ‘My Account’
section of the Site, the registration process requires that you
select a password, display name and list an email address you own
and use. You acknowledge and agree that the email address you provide
is accurate and complete. BIGSHOP reserves the right to refuse registration
of, or cancel your registration in our sole and absolute discretion.
You are responsible for maintaining the confidentiality of your
password and are fully responsible for all activities that occur
under your account. You must immediately notify BIGSHOP of any unauthorized
use of your account or password, and ensure that you exit from your
account at the end of each session.
Your BIGSHOP user account enables you to specify and update your
preferred payment method when purchasing merchant products through
the Site. This information will be used when processing payments
through the My Cart purchasing section of the Site.
Once you have ordered and paid for a product through the My Cart
section of the Site, you can use the My Account section of the Site
to view and track your order.
Modifications
BIGSHOP may modify the terms and conditions of this User Agreement
at any time, and such modifications will be effective as soon as
they are posted. By continuing to use the Site after this User Agreement
has been modified, you agree to be bound by the modification. A
copy of the current User Agreement is displayed on the Site at all
times.
Purchasing Merchant Products
You may purchase products offered by merchants on the Site by using
the BIGSHOP shopping cart. You may use your shopping cart to purchase
items from different merchants and pay for this order in the one
transaction.
You acknowledge that BIGSHOP provides mechanisms on the Site for
you to obtain further information about each merchant and each product,
including any policies and procedures of that merchant or specific
details relating to that product. The merchant may also provide
further product details and descriptions with their listing.
The method, cost and timing of product delivery and any refund
policies may be outlined by the merchants at the listing. You should
contact the merchant directly through the Site if requiring any
further information relating to the merchant’s business, the
product or their policies and procedures.
To purchase merchant products displayed on the Site, you must click
on the ‘Add to Cart’ function of the Site and provide
all relevant billing and shipping information at the checkout. You
must confirm that the details in your order are correct before clicking
the process order button.
Once an order is placed, we process payment for all products purchased
through your shopping cart and distribute the relevant amounts to
each merchant. The merchant is not responsible for processing payments
and does not have access to your payment information. Once we have
processed your payment and provided details of this purchase to
the merchant, that merchant is responsible for completing and fulfilling
your order.
You may contact us via the Dispute Resolution Centre of the My
Account section of the Site if you do not receive your order in
the specified time or wish to contact the merchant regarding any
other form of dispute.
Prohibited Conduct
You must not:
a) use the Site for any activities or post or transmit to or via
the Site, any information or materials which breach any laws or
regulations, infringe a third party's rights, are contrary to any
relevant standards or codes;
b) use another’s name, username, password or account without
their permission;
c) tamper with, hinder the operation of, or make unauthorised modifications
to the Site;
d) knowingly transmit any viruses, worms, defects, Trojan horses
or other disabling feature to the Site;
e) use any robot, spider, site search/retrieval application, or
other device to retrieve or index any portion of the Site;
f) modify, adapt, translate, or reverse engineer any portion of
the Site;
g) remove any copyright, trade mark or other proprietary rights
notices contained in or on the Site;
h) collect any information about other users or BIGSHOP account
holders (including usernames and/or email addresses) for any purpose
other than to share opinions or reviews with other users or members;
i) reformat or frame any portion of the web pages that are part
of the Site;
j) create user accounts by automated means or under false or fraudulent
pretenses;
k) use of the Site or to violate the security of any computer network,
crack passwords or security encryption codes, transfer or store
illegal material including that which may be deemed threatening
or obscene;
l) take any action that imposes, or may impose in our sole discretion,
an unreasonable or disproportionately large load on our IT infrastructure;
m) use the Site otherwise than in accordance with this User Agreement;
or
n) attempt any of the above acts or permit another person to do
any of the above acts.
Conduct in Forums and Content of Postings
When using the Site you must not post content or use our feedback
channels, forums or blogs for any purpose that is unlawful or prohibited
by this User Agreement. Without limiting your obligations, you agree
that it is an express condition of your use of the Site that you
will not:
a) post irrelevant, untruthful or misleading or deceptive content;
b) violate the legal rights of others;
c) impersonate another person or use a false header or other identifiers
in order to disguise the origin of any posting or uploaded content;
d) defame, threaten, harass, stalk or flame any other user;
e) publish, post, distribute or disseminate any unlawful material
or information, including material or information that infringes
another person’s intellectual property rights or is defamatory,
misleading, deceptive, intentionally inaccurate, obscene, indecent,
pornographic or otherwise objectionable;
f) publish, post, distribute or disseminate any material or information
relating to the products or services of a competitor to your business
(or a competitor of the business you are engaged or employed by);
g) upload or attach files that contain material protected by intellectual
property laws unless you own or have all required licences or consents
to use such material;
h) upload or attach files that contain viruses, corrupted files,
or any other similar software or programs containing harmful or
damaging components designed to interpret, impair, destroy or limit
the functionality or operability of any computer system, software,
hardware or telecommunications equipment;
i) advertise, solicit business, offer to sell any goods or services
(except to the extent you are permitted to do so pursuant to a current
Merchant Agreement between you and BIGSHOP);
j) post or send any SPAM, junk mail, chain letters or pyramid schemes;
k) conduct any raffle, competition, contest or game (irrespective
of whether participants must pay a fee or other consideration);
l) recruit other users to join another web site forum, whether
personal or otherwise; or
m) post the same message or material more than once in the same
forum.
Our use of your information
We retain the right at all times to monitor, retain and disclose
any information as necessary for us to satisfy our obligations under
any applicable laws. More information about the information we collect
from you and what we do with that information is set out in our
privacy policy http://www.bigshop.com.au/cgi-bin/category/policies.
You acknowledge that all forums, discussion groups and content
postings are public and not private communications. Information
or postings submitted to the forum or discussion group by users
is subject to our review and moderation. We reserve the right to
remove without notice or moderate any content in a forum or discussion
group or any content posting for any reason.
We reserve the right to terminate, without prior notice, your access
to your BIGSHOP user account.
Intellectual Property Rights
Unless otherwise stated, BIGSHOP owns or has a valid licence to
use all copyright in the content of the Site and trade marks used
on the Site.
You must not modify, copy, adapt, store in a retrieval system,
reproduce, upload, post, transmit, sell, frame or embed in another
website or distribute in any way any content contained on or in
the Site and owned or licensed by BIGSHOP, except as expressly approved
by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on
the Site:
(a) store a reproduction of the material on your local computer
for the sole purpose of viewing the material; and
(b) print hard copies of material for your personal information,
but not commercial use.
When you contribute postings or any content to the Site, you grant
BIGSHOP a royalty free, worldwide, perpetual, non-exclusive, and
irrevocable licence to use, publish, translate, distribute, reproduce
and modify anything you submit to this Site or write about the Site
(including emails and posts to our forums), in any form, and by
any current or future media or technology.
You consent to BIGSHOP not attributing your authorship to any of
your postings to this Site.
No endorsement
The display of third party merchant trade marks, information or
products on the Site does not constitute or imply BIGSHOP’s
endorsement of or affiliation with such merchant or business (except
to the extent that merchant is permitted to display content on the
Site and offer their products for sale via the Site, pursuant to
their Merchant Agreement with BIGSHOP).
Inclusion of a third party link on the Site does not constitute
BIGSHOP’s endorsement of that site or the merchant, products,
services or information contained or listed on that linked to site.
Limitation of Liability
You accept all risks and responsibility for all loss, damage, costs
and other consequences resulting from your use the Site, purchase
of products from merchants via the Site, or the content, postings
or material on or accessible through the Site (including search
results, editorial content, user rating, any other content or transactions
conducted through a linked site).
Except as expressly stated in these terms, BIGSHOP will not be liable
for any loss whatsoever (including, without limitation, indirect,
incidental, special, or consequential loss, loss of profits or loss
of opportunity), expense, damage, or injury that is suffered (however
so caused) in connection with your access to, or use of, or inability
to use the Site, purchase of products from merchants via the Site,
or the content or materials of the Site (including linked websites),
whether based in contract, tort, negligence, statute or any other
legal theory, except for any liability that cannot be excluded by
law.
Links to External Sites
Where the Site includes links to other web sites, including merchant
websites, BIGSHOP does not make any warranties or representations
regarding the quality, accuracy, merchantability or fitness for
purpose of any product or material on these other web sites. These
sites are maintained by third parties and are not under the control
of BIGSHOP. BIGSHOP is not responsible for the content of any linked
site or any link contained in a linked site.
No SPAM
Any publication of e-mail addresses on the Site is for the purpose
of professional communication only. Our e-mail addresses must not
be used to send unsolicited commercial electronic messages.
Indemnity
By entering and using the Site and any information or services offered
via the Site, you must indemnify BIGSHOP against all claims, demands,
proceedings, costs (including legal costs), expenses, damages, awards,
judgments, and any other liability whatsoever wholly or partially
arising directly or indirectly in connection with your access to
or use of the Site and its information, services, content or materials.
Warranties
BIGSHOP provides the Site on an "as is" basis without
any express or implied warranty of any kind.
BIGSHOP does not make any warranties or representations regarding
the quality, accuracy, merchantability or fitness for purpose of
any product offered by merchants via the Site or that merchants
will complete orders made via the Site.
While BIGSHOP exercise all due care and precautions, BIGSHOP cannot
and does not guarantee or warrant that files posted to and/or available
for downloading through the Site or delivered via electronic mail
will be free of infection, viruses, defects, harmful components
or any other codes that may have contaminating or destructive properties.
You are responsible for implementing procedures that satisfy your
requirements for accuracy of data input and output, and for maintaining
a means external to the Site to reconstruct any lost data.
In compiling content for the Site, BIGSHOP relies on information
supplied by a number of external sources and content posted by third
parties, including merchants offering products for sale and the
content of any messages or reviews. As BIGSHOP does not control
the content posted by third parties on the Site, we can not and
do not warrant the accuracy, completeness, integrity or quality
of such information or content. We do not warrant the information
provided on the Site is free from human or automated error. You
must not rely on any information presented on the Site. Reliance
is solely at your own risk.
Where any legislation such as the Trade Practices Act (1974) (Cth)
implies into this agreement any condition or warranty and that legislation
voids or prohibits conditions in a contract excluding the application
of the conditional warranty, the liability of BIGSHOP for any breach
of the condition or warranty is limited to, at BIGSHOP’s option
either:
(a) the resupply of the services; or
(b) the reasonable cost of having the services resupplied.
Severability
If any part of these Terms of Use is deemed invalid, that part will
be severed from this agreement and the remainder of these Terms
of Use will continue to be valid and enforceable.
Governing Law
This agreement is governed by the laws of Queensland, Australia.
You irrevocably submit to the exclusive jurisdiction of the laws
and courts of Queensland, Australia.
Information Use
We welcome your feedback regarding our Site. If you provide feedback
or send comments to us, you agree that BIGSHOP is permitted to reproduce,
transmit, distribute, create derivate works of, and publicly display
any information that you submit to us.
Privacy
The BIGSHOP Privacy Policy forms part of these Terms of Use. View
Privacy Policy http://www.bigshop.com.au/cgi-bin/category/policies
Contact Us
You can contact us on:
Post: PO BOX 1371, Capalaba, QLD, 4157
Email: custservice@bigshop.com.au
Phone: +61 7 3245 7136
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