ITS Direct Terms & Conditions
1 . WHO, WHAT AND WHERE
1.1 itsdirect.com.au (“the Site”) is owned & operated by Online Direct Pty Ltd ACN 151 313 843 as trustee for the Online Direct Trust (“Online Direct”). In this Agreement (“Agreement”), “us”, “we” and “our” refer to Online Direct and references to “you” and “your” is to you, the end user. This Agreement is made in accordance with the laws prevalent in Queensland, Australia.
2 WHAT YOU AGREE TO WHEN USING THIS SITE
2.1 By using the Site you agree to be bound by the Conditions. If you do not agree with this Agreement you must immediately stop using the Site.
2.2 Until registered as a Member, you are a “User” and you do not have the authority, implied or express, to purchase anything through the Site, we disclaim all liability in relation to your use of this site.
2.3 We may change, update or otherwise amend this Agreement at our absolute discretion and without notice.
3 - WHO CAN USE THE SITE & PURCHASE GOODS
3.1 You are granted a non-exclusive, limited and revocable license to access the Site on the conditions that:
(a) You are over the age of 18;
You only use the Site for lawful purposes;
You do not engage in any improper, indecent or offensive behaviour;
You are not breaking any local, state or federal law in your relevant jurisdiction by accessing this Site; and
You register as a Member to purchase goods.
4.1 To purchase goods from the Site you must register as a Member. Until registration you are merely a User.
4.2 You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
4.3 You must maintain your username & password to access the Site. It is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
5 ORDERS AND ACCEPTANCE
5.1 All orders placed with us are subject to our acceptance. We reserve the right to decline (i.e. not accept) any order up to the point of the order being dispatched and an invoice for the order being issued to you. We will not dispatch an order until we have received payment in full for the total value of the order.
5.2 Any automated confirmation of a successful order placement and/or receipt and/or our processing of a payment for an order through the Site does not constitute acceptance of an order by us. If we decline your order after a payment for the order has been received/processed we will contact you with the details and refund the payment in full.
6 PRICING AND PAYMENTS
6.1 Where a product has been listed on the Site at the incorrect price or with incorrect descriptive information or incorrect image due to a typographical error or similar genuine mistake, we reserve the right to cancel the relevant transaction and offer the product to you again at the correct price and/or with the correct information. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
6.2 Where there is extreme exchange rate volatility, items ordered that are not in stock may be subject to price rises when stock arrives as a direct result of expenses that we may incur. While we will endeavour to cover these costs, we reserve the right to pass on these expenses to you in order to fulfil the order.
6.3 All prices on the Site are shown in Australian Dollars (AUD) and include GST.
6.4 Our payment terms for all transactions through the Site are cleared funds before delivery. Orders will not be accepted or processed until payment in full is made and cleared. In any other circumstance, ownership of products will only be transferred to you when all monies owed to us have been paid in full.
6.6 We take no responsibility for any delays associated with processing your payment caused by third-party financial institutions.
6.7 You should refer to our Payment Policy for more payment details.
7 STOCK AND AVAILABILITY
7.1 If the Site indicates that an item is in stock, it generally means that it is although we do not warrant same. If you are ordering a large quantity of an item it is best to check with us for availability prior to ordering.
7.2 By ordering any items listed as "No Stock" you understand that the item is not in stock and there will be a delay involved in delivery. Where possible, last minute cancellations of either placed and/or processed orders (i.e. items are being packed and/or your ordered item(s) has been ordered/backordered with our suppliers) but which are notified to us before the item/s are shipped may result in a refund less our Credit Card surcharge as a cancellation fee.
8 FREIGHT AND SHIPPING
8.1 Freight charges are automatically calculated as you add items to your cart. However if you are ordering from regional areas, outback areas, including Darwin, Perth or Tasmania (“Regional Areas”), you should request confirmed freight pricing before submitting and paying for any large or heavy item. Freight to Regional Areas will generally cost more and cannot be automatically calculated.
8.2 We will endeavour to ship your order within 24 hours of its receipt, however some products may not be in stock or may not be available for us to purchase from our suppliers. We will, in that instance, inform you of any delay. We may, at our sole discretion, offer you a refund after 10 days if we cannot supply the goods to you. This will only be considered where goods ordered have not been shipped, and excludes goods which have shipped or that are still in transit.
8.3 We accept no responsibility whatsoever for goods lost or damaged in transit by third parties and you agree to indemnify us for same. If insurance is required we suggest you contact your insurance company to ensure your goods are adequately covered. However if you choose Shipping Insurance in the checkout you will be covered by us for loss or damage up until the point where you receive the item and sign for it (or somebody else signs for it on your behalf). After a signature is obtained by the courier the insurance ends and cannot claim. By signing when you accept the parcel with the courier you are accepting the parcel has been delivered in full and is not damaged. If the item appears damaged you need to reject the parcel and inform us.
8.4 We do not ship internationally and a pickup service is not available at this time.
8.5 Our Freight and Shipping Policy applies to these terms and conditions, except to the extent of inconsistency.
9.1 In respect of any content that you post on the Site (including through the Live Chat facility), you warrant that it is:
(a) Accurate (to the best of your knowledge);
Compliant with this Agreement;
Virus free; and
Not false, defamatory, misleading or otherwise deceptive in any way.
9.2 We make no warranties as to the accuracy of any content posted by an administrator or representative of ours who may communicate to you via the Live Chat facility or otherwise. Information provided via the Live Chat facility is general in nature and cannot be relied upon, and you should always seek independent qualified information technology advice as to your specific circumstances and system requirements. We do not provide advice through the Live Chat facility, rather we provide product information as specified by the manufacturers of the goods, and we accept no liability for any errors & omissions with respect to any information exchanged via the Live Chat facility. You agree to hold us harmless and indemnify us from any loss that you may suffer as a result of relying on or implementing any information exchanged through the Site’s Live Chat facility.
9.3 You may link to our Site only if it is made to the top level of the main site at www.itsdirect.com.au.
9.4 We expressly disclaim any liability for content of other web sites that may be accessed through links on our Site.
10 SITE AVAILABILITY
10.1 By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
10.2 We accept no responsibility for the unavailability of this Site and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site to purchase goods.
10.3 We make no guarantees, implied or express, as to the ongoing availability of the Site.
11 INTELLECTUAL PROPERTY
11.1 All content on the Site is the copyright of Online Direct. Without the express written permission of Online Direct, you shall not:
(a) Replicate all or part of the site in anyway; or
(b) Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
11.2 Online Direct has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Online Direct.
11.3 You agree that by using the Site you will not copy the Site or the goods and services that it provides for your own commercial purposes. You agree and warrant that you will not solicit Members of the Site to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable goods and services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
12 THIRD PARTY
WEBSITES & ADVERTISING
12.1 The Site may contain information & advertising from third-party businesses, people & websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.
12.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
13 MANUFACTURERS WARRANTY, FAULTS AND RETURNS
13.1 No part of this Warranty, Faults and Returns policy is intended to limit your statutory rights or limit any remidies that consumers may have under the ACL (Australian Consumer Law).
13.2 You can view your rights here in regard to return for refund.
13.3 All products purchased from Online Direct include a warranty of at least twelve (12) months from purchase. Where applicable this warranty is ‘RTB’ (Return to Base) by default however some manufacturers also provide an extended or onsite warranty for their products in which case you can contact the respective company for this service.
13.4 To apply for warranty you must first login to our website and go to your 'My Account' section where you can choose to apply for a Warranty Return Request. After you have entered in the required details we will respond to you via email with the return details of your warranty claim.
13.5 If you have an item which you believe is faulty, please ensure that you thoroughly test the item before returning it. Products which are returned for faults that are tested to have no faults will be charged a $60 inc. GST no fault found fee for return postage and testing costs.
13.6 We will not process any refunds and/or return on the basis of items being unsuitable and/or incompatible. It is your responsibility to ensure that the items you purchase are compatible with your system(s) before you purchase them from us. You should obtain expert advice and/or refer to the manufacturer information for your items in order to determine suitability and application for your purposes.
13.7 When returning items please ensure you clearly display the RA number on the outside of the parcel.
13.8 We may process warranty claims outside the standard 12 months if a longer manufacturer warranty applies, however all costs to return the item, as well as send the item back to you are your cost to bear.
14 LIMITATION OF LIABILITY
14.1 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from goods purchased from us though the Site or otherwise, your access to, or use of, or inability to use the Site and purchase goods, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.
14.2 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
(a) the re-supply of services or payment of the cost of re-supply of services; or
the replacement or repair of goods or payment of the cost of replacement or repair.
14.3 You agree that any taxation related to any transactions made between us is your responsibility and that Online Direct accepts no liability or responsibility for taxation matters in that regard.
16 TERMINATION & CANCELLATION
16.1 Either party may end this Agreement immediately by giving the other party written notice. It is not essential to provide reasons for the termination. Where this Agreement has been terminated you must immediately cease using the Site.
16.2 Your use of the Site may be cancelled at any time, for any reason, by Online Direct on a temporary or permanent basis by Online Direct giving you written notice. You must immediately cease using the Site should you receive a notice cancelling your license to use the Site.
17 COMPLAINTS & DISPUTES
17.1 If you have a dispute with us in relation to your use of the Site or with respect to goods purchased through the Site you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible) in accordance with the Dispute Resolution Policy (if any).
18.1 You can direct notices, enquiries, complaints and so forth to Online Direct at:
c/- Rouse Lawyers
Locked Bag 6 Fortitude Valley BC QLD 4006
We will notify you of a change of details from time-to-time.
18.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
19.1 Nothing in this agreement shall be deemed to form a relationship between Online Direct and you of joint venture, partnership, employment or other association in any way other than parties to this Agreement.
19.2 Any provision of this Agreement, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of this Agreement, so far as is reasonably practicable.
19.3 This Agreement is part of an ecommerce transaction and the parties agree that this Agreement shall be accepted electronically and this Agreement formed & validly entered into electronically.
19.4 The termination of this Agreement does not affect the parties’ rights in respect of periods before the termination of this Agreement.