WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.type40.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’).
(b) The Website is operated by Type 40 Pty. Ltd.(ACN 652 577 912). Access to and
use of the Website, or any of its associated Products or Services, is provided by
Type 40 Pty. Ltd.. 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.
(c) Type 40 Pty. Ltd. reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Type 40 Pty. Ltd. 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.
2. Acceptance of the Terms
(a) 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 Type 40 Pty. Ltd. in the user interface.
3. Registration to use the Purchase Services
(a) 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:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(b) You warrant that any information you give to Type 40 Pty. Ltd. in the course of
completing the registration process will always be accurate, correct and up to
date.
(c) 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.
(d) 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 Type 40 Pty. Ltd.; 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.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase
Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(iii) 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;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Type 40 Pty.
Ltd. of any unauthorised use of your password or email address or any
breach of security of which you have become aware;
(v) 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 Type 40 Pty. Ltd.
providing the Purchase Services;
(vi) 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;
(vii) 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 Type 40 Pty. Ltd. for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
(a) 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’).
(b) Payment of the Purchase Price may be made through PayPal (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.
(c) Following payment of the Purchase Price being confirmed by Type 40 Pty. Ltd.,
you will be issued with a receipt to confirm that the payment has been received
and Type 40 Pty. Ltd. may record your purchase details for future use.
(d) Type 40 Pty. Ltd. may, at their sole discretion, provide a refund on the return of the
Products within 7 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.
6. Warranty
(a) Type 40 Pty. Ltd.’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 and compensation for any other reasonably
foreseeable loss or damage. 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’).
(b) You may make a claim under this clause (the ‘Warranty Claim’) for material
defects and workmanship in the Products within 12 from the date of purchase (the
‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Type 40 Pty. Ltd. 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 Type 40 Pty. Ltd. at 39b Goldsmith Avenue, Preston,
Victoria, 3072 or by email at info@type40.com.au.
(d) Where the Warranty Claim is accepted then Type 40 Pty. Ltd. 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.
(e) The Warranty shall be the sole and exclusive warranty granted by Type 40 Pty.
Ltd. 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.
(f) All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
(g) 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.
7. Delivery
(a) You acknowledge that the Purchase Services offered by Type 40 Pty. Ltd.
integrate delivery (the ‘ Delivery Services’) through the use of third party
delivery companies (the ‘ Delivery Service Providers’).
(b) In providing the Purchase Services, Type 40 Pty. Ltd. 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 Type 40 Pty.
Ltd. 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.
(c) In the event that an item is lost or damaged in the course of the Delivery Services,
Type 40 Pty. Ltd. asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to claim
on any insurance options available; and
(ii) contact us by sending an email to info@type40.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.
8. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Type 40 Pty. Ltd. 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 Type 40 Pty. Ltd. or its contributors.
(b) Type 40 Pty. Ltd. 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 Type 40 Pty. Ltd.; 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).
(c) You may not, without the prior written permission of Type 40 Pty. Ltd. 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 content for any purpose. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in
the public domain.
9. Privacy
(a) Type 40 Pty. Ltd. takes your privacy seriously and any information provided
through your use of the Website and/or the Purchase Services are subject to Type
40 Pty. Ltd.’s Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) You acknowledge that Type 40 Pty. Ltd. does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other
than provided for pursuant to these Terms.
(b) Type 40 Pty. Ltd. 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.
(c) 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(ii) Type 40 Pty. Ltd. 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.
(e) Use of the Website, the Purchase Services, and any of the products of Type 40
Pty. Ltd. (including the Delivery Services), is at your own risk. Everything on the
Website, the Purchase Services, and the Products of Type 40 Pty. Ltd., 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 Type 40 Pty. Ltd.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 Type 40 Pty.
Ltd.) 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:
(i) 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;
(ii) 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);
(iii) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or (vi) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
(a) Type 40 Pty. Ltd.’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 Price, then the total liability of Type 40 Pty. Ltd. is the resupply of
information or Purchase Services to you.
(b) You expressly understand and agree that Type 40 Pty. Ltd., 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.
(c) Type 40 Pty. Ltd. 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 Type 40 Pty. Ltd., by third parties or by any of the Purchase Services
offered by Type 40 Pty. Ltd..
(d) You acknowledge that Type 40 Pty. Ltd. does not provide the Delivery Services to
you and you agree that Type 40 Pty. Ltd. 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.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Type 40 Pty.
Ltd. as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Type 40 Pty. Ltd. at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where Type 40 Pty. Ltd. has made this option available to you.
(c) Your notice should be sent, in writing, to Type 40 Pty. Ltd. via the ‘Contact Us’ link
on our homepage.
(d) Type 40 Pty. Ltd. may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Type 40 Pty. Ltd. is required to do so by law;
(iii) the partner with whom Type 40 Pty. Ltd. offered the Purchase Services to
you has terminated its relationship with Type 40 Pty. Ltd. or ceased to offer
the Purchase Services to you;
(iv) Type 40 Pty. Ltd. 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
(v) the provision of the Purchase Services to you by Type 40 Pty. Ltd. is, in the
opinion of Type 40 Pty. Ltd., no longer commercially viable.
(e) Subject to local applicable laws, Type 40 Pty. Ltd. 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 Type 40 Pty. Ltd.’s name or reputation or
violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Type 40 Pty. Ltd. 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.
13. Indemnity
(a) You agree to indemnify Type 40 Pty. Ltd., its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) 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;
(ii) 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
(iii) any breach of the Terms.
14. Dispute Resolution
(a) 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).
(b) 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.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) Within 30 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;
(ii) If for any reason whatsoever, 30 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 Victorian Small Business Commission or
his or her nominee;
(iii) 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;
(iv) The mediation will be held in Victoria, Australia.
(d) 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.
(e) Termination of Mediation:
If 30 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 Approved by
mediation and the mediator must do so.
15. Venue and Jurisdiction
(a) The Purchase Services offered by Type 40 Pty. Ltd. 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 Victoria, Australia.
16. Governing Law
(a) The Terms are governed by the laws of Victoria, 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 Victoria 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.
17. Independent Legal Advice
(a) 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.
18. Severance
(a) 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.