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openshop Terms & Conditions

  1. 1. GENERAL

    1. a. Welcome to www.openshop.com.au (Website), the ASN Mobile Application and the OPEN SHOP TV home shopping Channel (Channel) (collectively, Platform). The Platform is operated by Australian Shopping Network Pty Ltd (ACN 630 595 256) (ASN) which allows you (whom we hereafter refer to as "you", "your" or the “User”) to view and purchase a variety of products from us (collectively Services). The Terms and Conditions of Use (T&C's) as set out below is the agreement between you and ASN, and will apply to the Services. In the T&C's, “we” “us” and “our” refers to ASN.
    2. b. These T&C's are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Platform (as such rules, policies and guidelines may be amended from time to time), including without limitation, our Privacy Policy which is available on the Platform at https://www.openshop.com.au/content/privacy Any personal information that we collect through your use of the Services is subject to the Privacy Policy.
    3. c. Access to, and the provision of, the Platform and the Services is conditional upon you accepting these T&C's. By accessing or using, or continuing to access or use, or placing an order at the Platform for the Services, you are deemed to signify that you have read, understood and agreed to terms as set out in the T&C's. When creating a new user account on the Platform, you will be required to expressly accept these T&C's. We reserve the right to change the T&C's at any time without prior notice. We will endeavour to post any changes to these T&C's on the Platform so we encourage you to check them from time to time. Your continued use or access of the Platform or the Services constitutes your acceptance of the changes.
  2. 2. ELIGIBLITY AND ACCESSIBILITY TO THE PLATFORM

    1. a. These T&C's are only applicable to Users in Australia and separate terms apply to Users in other jurisdictions. The Service is not available to any Users previously suspended or removed from the Platform or the Services provided by ASN or who have had their user account cancelled or terminated by ASN. By using the Platform or the Service, you represent that you are a resident of Australia (including temporary residents) who has not been previously suspended or removed from the Platform. Those who choose to access the Platform do so at their own initiative and are responsible for compliance with all local laws and rules in respect of the subject matter of these T&C's, including, without limitation, rules about the internet, data and data security, email or other electronic communications, intellectual property, or privacy.
    2. b. The Services are for all people of all ages including children, youth and adults. However, if you are under the age of 18, you should review these T&C's with your parent or guardian and obtain their permission prior to using the Platform and ensure both you and your parent or guardian understand and agree to them. To avoid doubt, we do not accept any order for purchase of a product on the Platform from minors unless such orders are made by their parent or guardian.
    3. c. You are not permitted to gain access or attempt to gain access to any part of the Platform that require a user account if you are not a registered user. In order to become a registered user, you need to create and register an account (User Account) on the Platform.
  3. 3. USER ACCOUNT

    1. a. A User Account gives you access to the Platform for the Services and functionality that we may establish, maintain and provide the Services, subject to change from time to time at our sole discretion. As a User, you are not allowed to create more than one account on the Platform, which is personal and must not be transferred to others.
    2. b. In order to complete registration of a User Account you must provide us with certain information including your name, phone number, email address and password. We may also request you to provide additional information such as residential address, delivery address, date of birth, credit card information. You are not obliged to provide the additional information but failure to do so may result in us being unable to facilitate or provide with some or part of the Services or information relating to the Services.
    3. c. When creating a User Account, you must provide accurate and complete information and you undertake to update your User Account details from time to time when they change. Please refer to our Privacy Policy which sets out how we collect, hold and use your personal information. You may elect to disable and/or request the deletion of your User Account pursuant to these T&C's and the Termination section of these T&C's.
    4. d. By providing us with your email address you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates or changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
    5. e. Some functionality of the Platform, including location based services may require the transmission of information provided by you or your mobile phone to third parties. If you use such functionality, you consent to the transmission of the information to us, our agents and/or service providers and authorises us, our agents and/or service providers to record, process and store such information as necessary for the Services functionality and for purposes described in our Privacy Policy. By connecting your User Account with a third-party service, you give us permission to access and use your information from that service as permitted by that service.
    6. f. You are solely responsible for the activity that occurs on your User Account and you must keep your account secure. You must notify us immediately of any breach of security or unauthorised use of your User Account. We will not be liable for any losses caused by any unauthorised use of your User Account. You are prohibited from using another User’s Account without permission. If you become aware that your password is or may have been compromised, you are obligated to inform us at cs@openshop.com.au immediately. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
    7. g. You acknowledge that we reserve the right to change the Service, stop providing the Service via the Platform or features of the Service to you, or create usage limits for the Service. We may temporarily or permanently suspend or terminate access to the Platform including your User Account without notice and liability for any reason, including if, in our sole determination, you violate any provision of the T&C's.
  4. 4. MEMBERSHIP PROGRAM

    1. a. Membership is available at ASN’s sole discretion and is open only to individuals who create a User Account on the Platform. Membership is non-refundable and not transferrable. ASN reserves the right at all times to vary the benefits and rewards offered to its members.
    2. b. Once you create a User Account on the Platform, you will automatically become an ordinary member (Member) of the Services. If you purchase a product on the Platform and paid more than $2,000 and $5,000 accumulatively in a 3 month period, your membership will be automatically upgraded to a platinum member (Platinum) and black member (Black) respectively.
    3. c. ASN will provide various offers, programs and promotions that allow you to obtain account credits, rewards points, coupons or other features and benefits to its members. Some examples include: New members who become Platinum and Black members may receive a coupon relative to their membership level that has an expiry day 30 days after issue.
    4. d. Your cancellation of an order or request for refund of purchased products may affect your membership level.
    5. e. Membership will terminate automatically once your User Account is deleted upon the member’s request.
  5. 5. PRIVACY

    1. a. ASN Privacy Policy is incorporated into the T&C's by reference. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information as defined in the Privacy Act 1998 (Cth).
    2. b. We undertake to take all due care with any information which you may provide to us when accessing the Platform for the Services. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  6. 6. CONDITIONS OF SALE

    1. a. With respect to products sold on the Platform by ASN, your order is an offer to us for you to buy the product in your order. Such orders will be deemed to have been accepted by us at the time we send a confirmation message to your nominated email address after your successful payment for the price of the product to us.
    2. b. Prices displayed on the Platform are subject to change without notice. All prices are inclusive of GST but exclusive of delivery costs which will be advised separately on the Platform.
    3. c. You may provide your nominated credit card during the purchase process described on the Platform. For those users who use the third party’s payment facilities, such as PayPal, eWAY, and Afterpay we do not collect your credit card information, and such information may be collected and used only by the relevant online payment service providers.
    4. d. You may cancel your order for a product at no cost any time before we send you a shipment confirmation relating to that product.
  7. 7. DELIVERY

    1. a. Unless otherwise advised by us or one of the exceptions listed below applies, your purchased product will be delivered to the address you provided to us subject to a delivery fee identified in the description of the product. An estimated delivery charge will be quoted at the time of order placement.

      Exceptions to the Delivery charge:

      • Products offered with a ‘Free Delivery’ promotion.
      • Selected products offered for sale online (i.e. our website and mobile application)
      • Any products displaying ‘Free Delivery’

      Delivery fees are subject to change based on the following:

      • Products that require installation by us.
      • Orders in excess of 20kg in weight or 1.00m length
      • Orders that are delivered via courier.
      • Orders that include one or more item. Numerous items may incur numerous delivery costs.

      You may be responsible for all shipping costs of the above and such costs will be advised at the time of your purchase.

    2. b. The timeframe of the delivery of your purchased products are:
      • Metro area: 4 - 7 business days from dispatch
      • Regional area: 7 - 12 business days from dispatch
      • Remote area: variable depending on the precise location

      Unless otherwise stated on these T&C's, the delivery timeframes are estimates only. They are not guaranteed and should not be relied upon as such. We reserve the right at all times to vary our policy concerning shipping costs and delivery timeframe. To avoid doubt, we will not be liable to you for any late deliveries.

  8. 8. 30 DAYS MONEY BACK GUARANTEE (CHANGE OF MIND RETURN POLICY)

    1. a. You may return most products fulfilled by ASN through one of our selling Platforms within 30 days of receipt of delivery for a refund or replacement (if available) of the price you paid for the product if you change your mind.
    2. b. Unless otherwise stated in these T&C's and the selling Platforms:
      1. (a) All products packaging, documentation, boxes, manuals and warranty cards are to be returned to ASN with the returned product.
      2. (b) The return policy may be impacted if packaging has been opened and seals are not intact.
      3. (c) Full refunds or replacements will be at ASN and its supplier’s discretion if the product is returned through change of mind.
      4. (d) Any products that are damaged, missing parts, altered, used or not in original condition will be assessed on an individual product basis.
    3. c. Return of the product will be at your own cost and you must comply with the directions for returning the product that we will provide to you. The product will remain your responsibility during transit until it is received at the address supplied by us. We do not accept any liability for any loss or damage which may occur during transit.
    4. d. Within 7 business days of receipt of the returned product by us, your refund or replacement request will be processed. The original shipping cost you paid (if any) will not be refunded.
    5. e. This 30 Days Moneyback Guarantee does not apply to the products that are returned because they are faulty in which case they are dealt with under the Australian Consumer Law and Clause 9.
  9. 9. Faulty Product Return

    1. a. If a product purchased from ASN on the Platform is faulty or does not match with the description made in promotions or advertisements of the product (e.g, size, colour and looks, etc.), you may return the product within 30 days of receipt of delivery for a refund or replacement (if available). You may be eligible for free return of the product but you must comply with the directions for returning the product that we will provide to you.
    2. b. The products to be returned do not have to be returned in their original packaging, but must be packaged appropriately to avoid damage during the return shipping.
    3. c. If you contact us for a refund, repair or replacement after 30 days of receipt of delivery of the product, you might still be entitled to the refund, repair or replacement but you must pay the return shipping costs.
    4. d. Within 7 business days of receipt of the returned product by us, your refund or replacement request will be processed.
    5. e. If the returned product is found not to have a problem, you may be required to pay the return shipping costs and/or inspection costs to ASN. These costs will be provided to you by ASN before the product is returned to ASN.
  10. 10. ASN'S RIGHTS

    1. a. We are entitled at any time, without notice, to delete, disable or change your User Account and your right to access and use the Platform in the event of your violation or suspected violation of these T&C's or applicable law. If we delete your User Account, you will no longer have access to the Platform. If we delete your User Account, we reserve the right to delete any contents and data regarding you that may be saved through the Platform for the Service.
    2. b. Any commercial or promotional distribution, publishing or exploitation of any content, code, data or materials on the Platform is strictly prohibited unless you have received the express prior written permission of ASN. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Platform. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or reproduce, any of the content, code, data, or other materials on or available through the Platform including without limitation, the alteration or removal of any trade marks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform.
    3. c. We are not obligated to monitor your access or use of the Platform, but we have the right to do so for the purpose of the provision of the Services or to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove any posts or comments made by you on the Platform at any time and without notice, and at our sole and absolute discretion if we determine that such posts or comments are objectionable or in violation of these T&C's.
    4. d. We may at any time, in our own discretion and without notice, close, change, discontinue or re-organise any feature or component of the Platform. The features and specifications of products described or depicted on the Platform are subject to change without notice.
  11. 11. PROHIBITED CONDUCT

    1. a. You promise not to:
      1. (a) use the Platform in a manner or form which, in our reasonable opinion, is objectionable having regard to generally accepted community standards;
      2. (b) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
      3. (c) insert your own or a third party’s advertising, branding or other promotional content into any of the Platform’s content or materials, or redistribute, republish or exploit such content or service for any further commercial or promotional purposes;
      4. (d) attempt to gain unauthorised access to the Platform. You shall not (i) engage in spidering, screen-scraping, database-scraping, harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of Users or other information from or through the Platform, including without limitation any information residing on any server or database connected to the Platform; and (ii) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; or
      5. (e) use the Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the Platform including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
      6. (f) use the Platform in violation of ASN’s Intellectual Property, any third party’s intellectual property or other proprietary or legal rights; or
      7. (g) use the Platform in violation of any applicable law.
    2. b. You may not perform, attempt to perform or encourage or assist others in performing any of the following while accessing or using the Platform:
      1. (a) use, display, mirror or frame the Platform or the Services or any individual element within the Services, ASN’s name, any ASN’s trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ASN’s express written consent;
      2. (b) access or tamper with non-public areas of the Platform or the Services, ASN’s computer systems or the technical delivery systems of ASN’s service providers; or
      3. (c) test the vulnerability of any ASN system or breach any security or authentication measures.
  12. 12. CUSTOMER ONLINE RATINGS AND REVIEWS

    1. a. By submitting a product review or other content on the Platform, including any text, photograph, video, music, audio/sound recording, artwork or other materials or information (together, Submission), you agree to and warrant the following:
      1. (a) all content that you submit is true and accurate;
      2. (b) your Submission is original and was created by you;
      3. (c) our use and publication of the Submission does not violate these T&C’s and will not cause injury to any person or entity;
      4. (d) you are over 18 years old;
      5. (e) you are currently a bona fide user of the product(s) mentioned in your Submission, and the product was purchased by you via the Platform;
      6. (f) you are making your Submission through your associated user account on the Platform;
      7. (g) your Submission will be made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for our promotional purposes;
      8. (h) the statements you make in the Submission reflect your true and honest opinion of and current experience with the product(s) which you are reviewing.
    2. b. We may, at our absolute discretion, hide or not publish your Submission until more than 10 or more Submissions have been received on the same product to ensure that it provides a balanced review of the product to others.
    3. c. In addition to the Prohibited Conduct under Clause 11, you agree that you shall not upload any Submission that includes or references any one or more of the following:
      1. (a) material that is abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      2. (b) material that is libellous, defamatory, pornographic, sexually explicit, unlawful, plagiarised or likely to bring us or any of our staff into disrepute;
      3. (c) material that is in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      4. (d) material that is in breach of any person’s privacy or publicity rights;
      5. (e) a misrepresentation of facts, including a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement), or content or materials intended to create disruption or to mislead others interacting with the Services, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the Services' designated topic or theme;
      6. (f) material that is in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      7. (g) material containing any political campaigning material, advertisements or solicitations;
      8. (h) programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files; or
      9. (i) material or content for which you were compensated or granted any consideration by any third party.
    4. d. Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:
      1. (a) remove or refuse to post any Submission to the Platform that we deem, in our sole discretion, to violate the content submission guidelines noted above or any other provision of these T&C’s;
      2. (b) temporarily or indefinitely suspend, or terminate, your access to the Platform or refuse to provide products to you if:
        1. A. you breach any provision of these T&C’s;
        2. B. we are unable to verify or authenticate any information that you provide to us; or
        3. C. we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and
      3. (c) remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regard in any way to be objectionable or in violation of any applicable law, any person’s Intellectual Property rights (as defined in Clause 16) or these T&C’s.
    5. e. We reserve the right to display, refuse to display, remove and/or amend all or any part of any Submission at our absolute discretion. In respect of any Submission that you make, you:
      1. (a) represent and warrant to us that your making of that Submission does not infringe any legal right of any other person (including Intellectual Property rights); and
      2. (b) grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that Submission in any way at our absolute discretion.
    6. f. Without limiting the operation of Clause 13, you indemnify and hold us harmless from and against any and all claims, damages, losses, liabilities, costs or expenses (including actual, special, indirect and consequential losses or damages of every kind and nature) suffered or incurred by us due to, arising out of, or in any way related to (directly or indirectly):
      1. (a) any material or information that you submit, post, transmit or otherwise make available through the Platform;
      2. (b) your use of, or connection to, the Platform; or
      3. (c) your negligence or misconduct, breach of these T&C’s or violation of any law or the rights of any person.
  13. 13. INDEMNITY

    1. a. You agree to indemnify and hold harmless ASN and its directors, officers, employees, contractors, subsidiaries, agents, licensors, managers and affiliated companies from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
      1. (1) your use of and access to the Platform, including any data or content transmitted or received by you;
      2. (2) your violation of any term of these T&C's, including without limitation your breach of any of the representations and warranties above;
      3. (3) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
      4. (4) your violation of any applicable law, rule or regulation;
      5. (5) any claim or damages that arise as a result of any content or data submitted via your User Account; or
      6. (6) any other party’s access and use of the Platform with your unique username, password or other appropriate security code.
    2. b. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
  14. 14. DISCLAIMERS, NO WARRANTIES

    1. a. THE SERVICES PROVIDED VIA THE PLATFORM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND EXCEPT REQUIRED UNDER THE APPLICABLE LAW. THEY MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASN DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING OR FREE OF DEFECTS, ERRORS OR OTHER HARMFUL COMPONENTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SERVICES BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU OR THAT YOUR INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICES WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
    2. b. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PLATFORM FOR THE SERVICES.
    3. c. ASN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ASN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
    4. d. ASN IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF ANY CONTENT OR STATEMENT AVAILABLE ON THE PLATFORM WHETHER OR NOT SUCH CONTENT OR STATEMENT IS POSTED OR PRODUCED BY ASN. IF YOU RELY ON ANY SUCH CONTENT OR STATEMENT, YOU DO SO SOLELY AT YOUR OWN RISK.
    5. e. ASN MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE PLATFORM.
  15. 15. LIMITATION OF LIABILITY

    1. a. NEITHER ASN, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, SHALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES FOR THE USE OF OR INABILITY TO USE THE PLATFORM FOR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. UNDER NO CIRCUMSTANCES WILL ASN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE PLATFORM, THE SERVICES OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    2. b. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
      1. (a) ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT;
      2. (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM;
      3. (c) ANY UNAUTHORISED ACCESS TO OR USE OF OUR PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
      4. (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;
      5. (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY;
      6. (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR
      7. (g) YOUR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
    3. c. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE T&C'S MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH ASN IS ABLE TO DO SO, THE LIABILITY OF ASN AND ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR LICENSORS UNDER THOSE PROVISIONS WILL BE LIMITED, AT ITS OPTION TO SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
    4. d. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASN AND YOU.
  16. 16. INTELLECTUAL PROPERTY

    1. a. You acknowledge that ASN owns all right, title, and interest, including all intellectual property rights in any trade names, logos, trademarks, designs, content, literary and art works, data, software, technology, tools, business methods (collectively the Intellectual Property) used by ASN to develop, promote, market, sell, generate or distribute the Services and otherwise perform its obligations under the T&C's. Except as explicitly provided herein, nothing in these T&C's will be deemed to create a license, title or interest in or under any Intellectual Property, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble, publicly perform, publish, adapt, edit or create derivative works from the Intellectual Property without the express written consent of ASN. Use of the Intellectual Property for any purpose not expressly permitted by these T&C's is strictly prohibited. All goodwill and improved reputation in respect of and associated with the Intellectual Property will vest in the sole benefit of ASN.
    2. b. You may choose to or we may invite you to submit comments or ideas about the Platform or the Services, including without limitation how to improve our Services or the Platform (Ideas). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ASN under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
  17. 17. THIRD PARTY WEBSITES

    1. a. The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ASN. ASN does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or service from the Services, you do so at your own risk, and you understand that these T&C's and ASN Privacy Policy do not apply to your use of such sites. You expressly relieve ASN from any and all liability arising from your use of any third-party website, service or content.
    2. b. Additionally, your dealings with or participation in promotions of any advertisers or product suppliers found on the Platform including supply, payment and/or delivery of their goods and services, and any other terms (such as warranties) are solely between you and such advertisers or suppliers. You agree that ASN shall not be responsible for any loss or damage of any sort relating to your dealings with them.
  18. 18. COOKIES AND ADVERTISING

    1. a. The Platform may contain “cookies”, which are used to optimise the efficiency of the Platform for the User. A cookie is a small text file that contains information and is stored on a user’s computer or mobile device when the user visits a website. Cookies are used to count the number of visitors and analyse traffic, and to assist with targeted advertising.
    2. b. If you as a User do not accept the use of cookies, you can change the settings in your web browser (e.g. Internet Explorer, Firefox, Safari or Google Chrome) to disable storage of cookies and remove undesired cookies.
    3. c. Anonymous information about the previous web browsing activity of your computer may be collected by advertisers and used to associate your computer or mobile device with one or more pre-defined interest categories. Advertising that matches those interest categories may then be served to your computer or mobile device. This interest based advertising does not change the amount of advertising you receive, it just makes it more relevant.
  19. 19. TERMS AND TERMINATION

    1. a. You may elect to disable and/or request the cancellation of your User Account and any and all associated data from the Platform by contacting us at cs@openshop.com.au or via any facility provided on the Platform. Your User Account will remain active until you have received confirmation of cancellation from ASN or its agent on behalf of ASN.
    2. b. We may, at our sole and absolute discretion, terminate your right to access and use the Platform or cancel your User Account at any time for any or no reason without notice or liability to you. If we do so, any rights granted to you herein will immediately cease.
    3. c. Your license to use our Services through the Platform is subject to agreements we have with you at which you purchase a product or service from us and this may include payment of fees by you to us and compliance with the T&C's in relation to the purchase. If you default in the payment of fees or otherwise breach such terms applicable, we have the right to suspend your ability to use the Services until such default or breach is cured to our satisfaction.
    4. d. If you violate these T&C's, we reserve the right to deactivate or cancel your User Account at our sole and absolute discretion, at any time and without notice or liability to you. Upon any such cancellation, we may delete any information about you or related to your User Account.
    5. e. Upon any termination, discontinuation or cancellation of the Services or your User Account, the following provisions of these T&C's shall survive: ASN's Rights; Prohibited Conduct; Indemnity; Disclaimers and No Warranties; Limitation of Liability; Intellectual Property; Term and Termination; and Governing Law.
  20. 20. GOVERNING LAW

    These T&C's are construed and governed by the laws of New South Wales, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

  21. 21. WAIVERS

    1. a. Waiver of any right, power, authority, discretion or remedy arising on a breach of or default under these T&C's must be in writing.
    2. b. A party is not entitled to rely on the conduct of another party or on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of these T&C's or default under these T&C's as constituting a waiver of that right, power, authority, discretion or remedy.
  22. 22. CONTACT

    Please contact the contact point specified below for any inquiries about these Terms.

    • Customer Services Department
    • Australian Shopping Network Pty Ltd
    • 8 Central Ave, Eveleigh NSW 2015
    • Tel: 13 25 80
    • E-mail: cs@openshop.com.au