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UCART Website - Terms and Conditions
1.
Introduction
1.1
This website (“Website”) is owned and operated by UCART Pty Ltd (ACN 612 747 958) (“UCART”, “we”, “us”, “our”). We provide services that allow users (“you”, “your”) to view products from a range of online retailers and add them to a single UCART shopping ‘cart’ (“Services”). The ultimate sale of products is between the you and the third party merchant, not via UCART.
1.2
These Terms and Conditions (“Terms”) govern your use of the Website and the provision by us of the Services to you. By using our Website or otherwise using the Services, you are agreeing to these Terms. If you do not agree to these Terms, you must immediately cease accessing or using the Website and the Services.
1.3
In providing the Services to you, we will need to collect your personal information, and you confirm that all of the information you provide to us, including any personal details, will be complete, true and correct.
1.4
The collection, holding, use and disclosure of your personal information is governed by our Privacy Policy, which is available at Privacy on our Website, together with any privacy collection notice we may provide to you.
1.5
We may amend or update these Terms and will take reasonable steps to bring any material changes to your attention. As you are bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to access or use the Website and Services after any amendments to these Terms, you are deemed to agree to be bound by such changes.
1.6
If you have a question, problem or complaint or need to contact us, our:
1.6.1
registered office is at Level 2, 2 Drewery Place, Melbourne VIC 3000;
1.6.2
email is [email protected] and
1.6.3
phone is +61 3 9876 5432.
2.
About the Website and UCART
2.1
On the Website you can search for products (“Products”) from a range of third party online retailers (“Merchants”).
2.2
In some instances, you can also use the Merchant’s website to add Products to your UCART basket through a link (“Link”). By clicking on the Link, you will leave the Merchant’s website and be directed to our Website. Only some Merchants make this Link available.
2.3
When you purchase Products using the Website and our Services, you are purchasing the Products directly from the Merchants, not UCART. As such, the contract for the purchase of Products is between the Merchant and you and you must contact the Merchant directly with any queries or issues in relation to the Products, including payment, delivery and quality issues. See section 4 of these Terms for more information about Products and ordering Products.
2.4
The Website and our Services are free for you to use. UCART receives payment from the Merchants when you use our Services to purchase products from them.
2.5
Where the Website contains links to other websites and resources provided by third parties (including Merchants), these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
3.
Your UCART Account
3.1
In order to use the Services, you must register to use the Services by providing UCART with certain true and correct information about yourself (the “User Information”), as requested by the registration page on the Website. There are parts of our Website you can use without registering (eg searching for Products). However, you will not be able to use certain Services without registering (eg the shopping cart function). By providing your contact details, you agree to UCART contacting you via such means.
3.2
By signing up to use our Services you confirm that you are at least 18 years of age. If you are under the age of 18, you confirm that you have permission from your parent or guardian to use the Services.
3.3
You must promptly notify us and update your User Information if:
3.3.1
any of your User Information, or information you have uploaded on behalf of someone else, is erroneous or changes from time to time; or
3.3.2
you believe that your UCART account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach.
3.4
Once your UCART account is registered, you will be prompted to choose and enter a secure password. You may subsequently access your UCART account, using your secure password, through our Website.
3.5
You are responsible for maintaining the security of your UCART account details and must not disclose them to any other parties. We are not responsible for unauthorised access and use of your UCART account if you fail to do so, unless we have failed to take reasonable steps to prevent such unauthorised access or use.
3.6
If a person purchases Products via your UCART account (whether with or without your authorisation), that person will be deemed to be you for the purposes of these Terms and that will not affect your obligations under these Terms except to the extent any use of your UCART account by such a person is due to our negligence, wilful misconduct or breach of these Terms.
4.
Products and Ordering
4.1
The Products and details displayed via the Website are based on information and photographs provided to us by Merchants and, accordingly, we are unable to guarantee that the detail, description and images accurately reflect the Product, or that your computer’s display of the images is accurate.
4.2
All Product prices are quoted in Australian dollars.
4.3
Products will remain in your ‘cart’ for it’s specified time before they will be deemed to have ‘expired’ and will be removed from your cart.
4.4
When you place an order for Products (Order):
4.4.1
the contract for the sale of the Products is between the Merchant and you. Therefore the Order is subject to the payment, returns, cancellation and delivery terms specified by the Merchant. It is your responsibility to read any terms and conditions or policies of the Merchant prior to placing your Order as there may be additional terms and conditions which apply to an Order other than those displayed on the Website;
4.4.2
the contract for the sale of the Products is between the Merchant and you. Therefore the Order is subject to the payment, returns, cancellation and delivery terms specified by the Merchant. It is your responsibility to read any terms and conditions or policies of the Merchant prior to placing your Order as there may be additional terms and conditions which apply to an Order other than those displayed on the Website;
4.5
It is your responsibility to satisfy yourself that you wish to obtain any Product before doing so. The presence of a Product on this Website does not constitute an endorsement by us of the Merchant, the Product, the content of the Merchant’s website, or the activities of the Merchant.
4.6
We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any Product you obtain after using this Website or the Services or for any acts, omissions, errors or defaults of any third party (including Merchants) in connection with that Product.
5.
Security
5.1
You acknowledge that the internet is an inherently insecure communication medium, and your use the Website and Services is at your own risk. You agree that we have no responsibility for use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Website or the Services.
5.2
You must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to and will assume that you are the user of the Services if your username, password or other security-based information is used to access the Services.
6.
Intellectual Property Rights
6.1
The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the “Website Content”) are the intellectual property of UCART, our content providers or our licensors, with all rights reserved.
6.2
You acknowledge and agree that these Terms do not transfer any right, title or interest in UCART’s (or its licensors’) intellectual property rights to you, nor may you use UCART’s trade marks or any other Website Content without our prior written permission.
6.3
When you send us any feedback or suggestions in relation to the Website or the Services, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions.
7.
Unacceptable Use
7.1
You must only use the Website and Services in a reasonable manner, consistent with these Terms as well as ordinary community standards of behaviour and decency. Under no circumstances may the Website or Services be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person.
7.2
You must not use the Website for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Website or Services that:
7.2.1
would cause you or us to be in breach of any law, code, or regulation;
7.2.2
involves accessing the personal information of a person other than a person linked to your account;
7.2.3
attempts to obtain a benefit or other financial advantage which you are not entitled to;
7.2.4
places any unreasonable impost, burden or strain on the technical resources of the Services or the Website, including without limitation the excessive transmission of data;
7.2.5
depicts or promotes offensive or illegal behaviour;
7.2.6
is offensive or promotes racism, bigotry, hatred or physical harm;
7.2.7
would harass or threaten any other person;
7.2.8
promotes an illegal or unauthorised copy of copyright material;
7.2.9
could cause us to incur a liability to any third party or entity;
7.2.10
violates the privacy or confidentiality of any person;
7.2.11
involves compromising the security of any computer system or data storage system;
7.2.12
contains, provides or creates computer viruses or corrupts systems, facilities or data;
7.2.13
involves the sending of junk mail or unauthorised commercial electronic messages;
7.2.14
alters or modifies the operation of the Services or Website in any way; or
7.2.15
involves the resale or resupply of the Services or Website to any person without our prior written permission.
7.3
You acknowledge and agree that we may immediately suspend or terminate your access to the Website and the Services if you breach these Terms, or we suspect on reasonable grounds that you have breached these Terms or used the Website for any unacceptable purpose.
8.
Suspension, availability and accuracy
8.1
We may refuse to register your account and/or provide you access to the Website and Services, without giving reasons and without liability to you.
8.2
While we will take reasonable steps to ensure the availability and security of the Website, and the Services you accept that these are provided by us on an “as is” basis. We do not warrant that either the Website and/or the Services will be continuously available and we will not be liable if the Website and/or the Services is unavailable at any time or for any reason. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.
8.3
We do not represent that the Website and/or the Services (or any software underpinning the Website and/or Service) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.
8.4
We do not represent that any information, updates, news, or other content on the Website and/or Services is accurate, reliable or correct. You acknowledge and agree that such content is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability and correctness of any content or information that you obtain through your use of the Website and/or Service.
9.
Liability
9.1
Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Website and/or Services including any viruses or other malicious software that may affect you while using the Website and/or Services or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any representations and communications (including any transactions) made using the Website and/or Service.
9.2
Other than the express terms of these Terms and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth) (“CCA”) or other applicable consumer protection law in a user’s jurisdiction, the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void ("Non-excludable Rights"), you agree that we exclude all liability arising from any implied or express representations, terms, guarantees, conditions or warranties that would otherwise apply to your use of the Website and/or Service.
9.3
Except for liability in relation to breach of any Non-excludable Rights our maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to the cost of the applicable Order.
9.4
To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:
9.4.1
in the case of goods supplied to You by Us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
9.4.2
in the case of services supplied or offered by Us, the supply of the services again or paying the cost of having the services supplied again.
9.5
To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
9.6
You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to:
9.6.1
your use of the Website or the Services or information or content available by means of the Services;
9.6.2
the use of the Services or Website by anyone using your device; or
9.6.3
the use of the Services or Website by anyone using your device; or
10.
Termination
10.1
You may end your access to the Services at any time by closing your account. Ending your access in this way will restrict your ability to access the Services and you will need to register again with us if you change your mind. Any data or personal information we have collected about you or your use of the Services will be retained and/or destroyed in accordance with our Privacy Policy.
10.2
We may immediately terminate your access to the Services without notice or cause for any reason. Without limiting this right, we may immediately suspend or terminate your access to the Services if:
10.2.1
you breach any of these Terms;
10.2.2
we suspect on reasonable grounds that you have breached these Terms or used the Website or Services for any unacceptable purpose;
10.2.3
we have ceased to provide the Website or Services, in whole or in part;
10.2.4
our business or contractual relationships with any third parties require us to do so; and/or
10.2.5
we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
10.3
Subject to applicable law, including the CCA, you acknowledge that UCART, or any third party, will not have any liability to you for any reason whatsoever arising from any termination of your access to the Website or Services (including the termination of your access to the Website or Services).
11.
General
11.1
If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.
11.2
If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Website or the Services then these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
11.3
In these Terms, the words “such as”, “including”, “particularly”, “by way of example” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
11.4
Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
11.5
These Terms are governed exclusively by the laws in force in Victoria, Australia and this applies notwithstanding any use of the Website or Services outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria.