Before We will accept your submitted requests for the supply of computer hardware, software and or services ( Order ) you must acknowledge you have read, understood and accept the following terms and conditions (Note: these terms and conditions include our Returns Policy to which you also must indicate agreement).
1.00 DEFINITIONS AND INTERPRETATION
1.01 " Vendor " or " We " or " Us " or " Our " means Skyglow Holdings Pty Ltd ACN 070 943 109 as trustee for the Computerworld Trust ABN 30 542 360 651 trading as "Computer Expo".
1.02 " Purchaser " or " You " or " Your " means you or your organisation being the person, corporation or other entity purchasing goods specified in an Order. More particularly you are identified to us through information provided by registering your details on this web-site, and those details are allocated a user identification and pass-word which will identify you in the future when you place orders with us.
1.03 " Good " or " Item " means the products or services specified in an Order.
1.04 Subheadings are included for ease of reference and do not affect interpretation.
1.05 Values are expressed in Australian Dollars. Prices are inclusive of Good and Services Tax prescribed by the A New Tax System (Goods and Services Tax) Act 1999 as amended.
2.00 ORDERS
2.01 Individual Orders are subject to these terms and conditions.
2.02 All Orders placed through this web site are subject to the availability of Items, and to confirmation and acceptance by Us.
2.03 The Purchaser is responsible for ensuring all Items Ordered are correctly submitted.
2.04 If Your Order includes Goods for which there is a prescribed minimum age of purchase, you must provide evidence of your age as prescribed by the law and you must ensure You or a person over the minimum age is available to accept delivery of the Goods.
2.05 All quotes sent to You by Us are only valid for five working days.
2.06 Prices for all Orders placed through our web site are only valid for five working days. If payment is not made within five working days after placing a given Order, and prices change after that period, the Purchaser may choose to cancel the Order (see clause 7.01 below).
3.00 DELIVERY
3.01 We will deliver or cause to be delivered, the Goods You Order to the address nominated by You ( Delivery Address ), ordinarily by using a courier service nominated by Us.
3.02 We will endeavour to deliver the Goods within a time frame requested by You, subject to the availability of the Goods Ordered. Where Goods are not immediately available, We will notify you of this as soon as possible.
3.03 Anyone at the Delivery Address who receives Goods may be presumed by the Us to be authorised to receive them.
3.04 If there is no one at the Delivery Address, or no one of appropriate age to receive the Order, You agree that We may charge you additional delivery fees.
3.05 Upon Your acceptance of Goods, ownership and all risk in the Goods passes to You.
3.06 The Purchaser must refer to our Returns Policy for any claimed shortages (including damage), in a given delivery.
4.00 RIGHTS IN RELATION TO GOODS
4.01 Legal ownership of all Goods remains with the Vendor until all money payable for the Order (including delivery fees) is paid in full and confirmed by the Vendor.
5.00 RETURNS AND REFUNDS
5.01 All Orders are subject to the Vendor's Returns Policy, which forms part of these terms and conditions.
6.00 PAYMENT
6.01 We take Orders and credit card details using Secure Sockets Layer ( SSL ) technology, an encryption protocol that protects data as it travels over the internet.
6.02 We do not accept COD payments.
6.03 Payments are required to be cleared to Our absolute satisfaction prior to the dispatch of any Goods.
6.04 Prices and range on this web site may vary from any physical stores operated by us or associated companies.
6.05 We only accept Australian issued credit cards.
6.06 Credit Card payments will incur a surcharge payable on the total invoice value. Due to administrative constraints We may also impose an administrative charge for processing credit card payments. You must be advised of both of these charges before agreeing to Your purchase Order.
6.07 Where an agreement is made for You to purchase Goods "subject to finance" then You agree to make all reasonable efforts to obtain finance within the earlier of a time specified or within ten days of the purchase date, whichever is the earlier time. Prices payable for an Order under any "finance condition" are subject to the provisions of clause 7.01 (below).
7.00 PRICES
7.01 We may vary our prices for Items by giving notice to you. If We request increased payment due to increased prices, You may cancel the relevant Order by giving notice to Us within seven days of the announcement of the increase.
7.02 Delivery and handling fees and other charges (including but not limited to administrative and surcharges) ordinarily apply for all Orders. If We have not advised you of the charges then You must ask us what they are and agree to them before dispatch or else you will be deemed to have accepted them.
8.00 DELIVERY ADDRESS AND CONTACT DETAILS
8.01 You are required to provide a physical address and contact details for each Order.
8.02 An authorised person needs to be at the delivery address to sign for and collect Goods. Proof of identity, including photo identification, may be requested by Us or our agents.
8.03 Delivery will ordinarily occur during normal business hours.
9.00 YOUR ACCOUNT
9.01 You are responsible for the safekeeping of your allocated user name and chosen password. You are liable if an unauthorised person uses your user name or password. You agree to release and indemnify the Vendor in connection with any use (whether authorised or unauthorised) of your user name or password.
9.02 We may suspend or cancel your record of name and other details at any time without prior notice and without giving you any reason.
10.00 PICTURES AND IMAGES
10.01 The Vendor aims to include up-to-date images of all Goods on this web site. However, representations may differ from the actual Goods. We require that you read the labels on Goods described carefully before purchasing.
11.00 PRIVACY
11.01 We will comply with Our Privacy Statement.
12.00 LIABILITY
12.01 Our liability to You for goods or services supplied to you under any Order is, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extend permitted by law in relation to goods, the replacement of the goods or the supply of equivalent goods.
13.00 CHANGES TO TERMS
13.01 We may add to, delete or otherwise change these terms and conditions without notice and from time to time. It is your responsibility to read and understand these Terms and Conditions each time you place an Order.
14.00 LINKS AND THIRD-PARTY STATEMENTS ON THIS WEB SITE
14.01 We make no representation or give any warranty about the content or accuracy of any other web site ( Other Web Site ) which you may access through this Web Site. When you access an Other Web Site, that Other Web Site is independent from this web site, and We have no control over the content of the Other Web Site. Any link to an Other Web Site is provided as a convenience to users of this web site. We do not monitor or review the content of any Other Web Site. You must take your own precautions to ensure that any Other Web Site that you access by a link from this web site is free from miss-statement or computer virus's, including worms, Trojan horses and other material of a destructive nature.
14.02 We will not monitor or review statements made by persons ( Third Parties ) other than Us on this web site. Third Parties may post statements or information on some portion of this web site, from time to time ( Third Party Posted Material ).
14.03 We make no representation to you about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. We expressly disclaim any liability to you for all Third Party Posted Material.
14.04 Without limitation, We are not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this web site, the use of any hyperlink, the use of any Other Web Site or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if We have been expressly advised of the possibility of such loss or damages.
14.05 You must indemnify and keep indemnified Us in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Web Site, or both.
15.00 COPYRIGHT
15.01 You must comply with all proprietary and copyright notices on this Web Site.
15.02 Nothing contained on this web site is intended to grant any express or implied right to you to use or exploit and patent, copyright, trade mark or trade secret information.
16.00 APPLICABLE LAW
16.01 These terms and conditions are subject to the laws of Western Australia and the Commonwealth of Australia.
17.00 GENERAL
17.01 A notice may be sent from one party under these Terms and Conditions by email to an address indicated from one party to the other from time to time or by writing to an address notified by one party to the other from time to time.
17.02 If a provision of these Terms and Conditions is determined to be contrary to law and thereby void then that provision may be severed from these Terms and Conditions and the remainder of the Terms and Conditions remain valid and enforceable.
17.03 A reference to a person or to a party includes corporations and vice versa.
17.04 If there are more than one person or corporation comprising a party then these terms apply jointly and severally.
17.05 A failure or delay on Our part to exercise any power or right or to insist on strict compliance to these terms and conditions does not constitute a waiver of any of Our rights.