GENERAL

These Terms and Condition by Accessible Shopping governs the use of Accessible Shopping website (“us”, “we” “site”) and constitutes a binding agreement between users (“you” “your”) and Accessible Shopping. Users are encouraged to review Accessible Shopping Terms and Conditions (“Terms”) and familiarize themselves with the Terms that all users must abide by. Those who do not agree to follow the terms have no permission to use the site. Accessible Shopping reserves the right, at its sole discretion, to make changes to the Terms from time to time. Continued use of this Site by a user will constitute that user’s acceptance of and agreement to the new Terms. Accessible Shopping is under no obligation to notify users of any changes, and users are required to review the Terms from time to time so as to keep up with the most current Terms. 

1.  Registration 

1.1 Any user who wishes to make purchases, submit comments or make use of some features on the site, one must be a registered account holder or member. When registering the account, a user must provide personal information that will include a name and address, a valid email address and a phone number. 

1.2 User information provided for registration must be accurate and current. Users may also choose a screen name or username. We may display usernames of users who have made recent purchases for promotional purposes, and as such, users are encouraged not to use their real names as usernames for purposes of privacy and security. 

1.3 A user may not use another member’s account without that member’s consent. Users are wholly responsible for anything that happens in their accounts. Therefore, account passwords must be kept safe. If a user detects any breach of his/her account, that user should notify Accessible Shopping immediately. 

2.  Legal capacity 

2.1       Accessible Shopping only accepts registrations from persons who have the capacity to form binding contracts under New South Wales law. By registering an account with the Site, a user warrants that he/she is at least 18 years of age. Accessible Shopping reserves the right to sue the parents of minors who sign up and exposes the site to any form of legal liability. 

3.  Service and Termination 

3.1 We strive to provide a platform that produces positive outcomes for all users. Towards these efforts, we may add/remove a functionality of feature of the website at any time without giving users prior notice. We at Accessible Shopping do not guarantee that user access will remain the same after an upgrade, or that users will continue accessing the site using the same equipment or software that was used before the changes were effected.

3.2 Accessible Shopping does not guarantee that the access to the site will be uninterrupted and access may be denied or restricted to some or all users without giving the affected users prior notice. In addition, Accessible Shopping may, at its sole discretion, terminate a user account preventing such user from accessing the Site. The user whose account has been so terminated will not access some sections of the Site or the Content stored under his/her username and password. Accessible Shopping will not accept liability to such user or to a third party that may arise from the termination of the user account. 

4.  Disclaimer 

4.1 Accessible Shopping will provide services with all due care and skill but at the same time, we cannot guarantee that the service will be faultless or uninterrupted. To the extent allowed by the applicable law, Accessible Shopping excludes all liability to any user for losses of any kind (however caused) relating in any way to the content and the Site functionality, including any loss caused as a direct consequence of; 

4.1(a) Inaccuracies on the Site

4.1(b) A user acting, or failing to act on any information on the Site or on linked third party sites.

4.1(c) Personal injury or property damage that results from the use of the Site.

4.1(d) Defamatory, slanderous, offensive or unlawful conduct of Site users.

4.1(e) any unauthorized access to Accessible Shopping servers including unauthorized access to personal or financial information stored in the servers.

4.1(f) any interruption of the services on the Site.

4.1(g) any bugs, viruses, worms, Trojan horses and other malware that is transmitted on to the site by third parties.

4.1(h) the merchantability of fitness for any purpose of any good/service offered through the site. Accessible Shopping does not endorse and shall not accept liability for any product or service offered or advertised by third parties through the site, or any linked third party sites or featured in a banner and other forms of advertising on the Site. Accessible Shopping is not a party to transactions between users and shall not be under any obligation to monitor transactions between an individual user and a third party provider of goods and services/suppliers. 

4.2 Accessible Shopping does not accept any responsibility for direct and indirect damages or consequential losses incurred by use of unauthorized or fraudulent web address. Users must ensure that, if their intention is to visit the Site, the web address must be http://www.accessibleshopping.com.au with no characters before or after. 

4.3 In cases there the applicable law implies a warranty into these Terms, which warranty cannot therefore be excluded, any liability to Accessible Shopping will (at our option) be limited to; 

In case of goods,

4.3(a) Replacement of the goods or supplying similar goods..

4.3(b) Repair the goods

4.3(c) paying the costs of replacing the goods

4.3(d) Paying the costs of replacing the goods or acquiring similar goods

Or in the case of supplies

4.3(e) Offer to re-supply Accessible Shopping services

4.3(f) Payment of the costs of re-supplying Accessible Shopping services.

5.  Acceptable Use Policy 

5.1 Users agree to use the Site only for the purposes contemplated in the Terms as well as any applicable law and other generally accepted practices and guidelines.  Users agree not to access, or attempt to access any part of the Site using means other than the ones provided through our user interface. 

5.2 User agrees that he/she will not engage in any activity that interferes or disrupts the Site or servers and the networks that hosts the Site. 

5.3 User agrees not to, or attempt to, circumvent, disable use robotic spiders or otherwise interfere with the security features of the Site, or features that deny service for any user or restrict copying of content or enforce restrictions on the use of the Site and its content. 

5.4 Users agree to respect the owners’ copyrights and that they will not use, copy, distribute and exploit commercially except in the manner provided in this Agreement. 

5.5 User agrees to report any fraudulent, abusive or illegal activity on the Site to Accessible Shopping or to appropriate legal enforcement activities.

6.  Information on this Site 

6.1       Information posted on the Site about products is derived from material provided by suppliers and product manufacturers. Users agree and accept that we will not be held liable for inaccuracies in that information as we have no control over it. Users are encouraged to make their own enquiries and verify the information provided before sending any money or entering into any binding agreement. 

7.  Orders 

7.1       Products listed or displayed on the Site do not constitute an offer to sell, but an invitation to make an offer. Users make an offer by placing an order to purchase a voucher for a particular product. These Terms as well as any additional Supplier-specific terms will govern the making and acceptance of an offer. 

7.2 Accessible Shopping reserves the right to reject any offer for any (or no) reasons including the unavailability of a product, some error in the order or price or product description. In the event that an order has been cancelled, a full refund to the user who placed the order will be made. Orders, once placed, can’t be cancelled by the user. 

8.  Price 

8.1 All prices displayed on the site and other charges such as delivery are quoted using Australian Dollars and include GST where appropriate.  In case that a payment is not received or declined by the credit card issuer or the bank, the order will be ineffective and no orders will be reserved under that particular order. 

9.  Delivery 

9.1 Upon the placement of an effective order, Accessible Shopping will send the confirmation to a user using an email. Users must therefore provide a valid email address. 

9.2 Accessible Shopping will not be liable and will not accept responsibility for any loss suffered as a result of a voucher not reaching the user because of firewall settings blocked the email carrying it or that the user provided the wrong or invalid email address. 

10.  Bookings and Cancellations 

11.1 All products from suppliers are offered subject to availability. It is recommended that users should make bookings for the products at least two (2) weeks in advance. For holidays and weekends, bookings should be made further in advance. There is no guarantee that the service will be available at the preferred date. 

11.2 All bookings are made subject to Supplier’s policies. Cancellation of bookings may attract cancellation fees payable to the Supplier. Cancellation orders given on a short notice might result in the cancellation of the voucher should the supplier is unable to fill the space of the canceling user. 

11.3 Suppliers have the right to cancel and reschedule bookings due to unforeseen circumstances. Accessible Shopping cannot be held liable in cases of such cancellations and will not offer reimbursements for any costs incurred by the user, including any traveling and/or accommodation costs. 

12.  Refunds 

13.1 Accessible Shopping goods are bought on a non-refundable basis and cannot be exchanged for cash once bought. Accessible Shopping is unable to replace lost or defaced goods. We may refund the purchase price of a goods where it has made a mistake in relation to the order; for instance where a order is issued for a different product other than the one the buyer intended. 

13.  Complaints and problems 

14.1 If a user has complaints or problems with a Supplier’s service, he/she should bring this to the attention of the supplier in question. Accessible Shopping is unable to assist in dispute resolutions between users and suppliers. 

14.  Limitation of Liability 

15.1 Accessible Shopping accepts no liability for any act omission, default whether negligent or otherwise of any supplier or a third party. In cases where such exclusion of liability is not allowed by the applicable law, the liability is limited to the value of the voucher of the voucher bought from the Site. 

15.  User Submitted Content 

16.1 This Site may include public posting areas and interactive features where users can upload content such as texts, videos, photos, audio and publishing areas that allow users to post comments on the service by Suppliers.  Users are solely responsible for any and all content and materials of whatever nature that they post on, transmit to or link to from the Site. 

16.2 Accessible Shopping  is not responsible for any content uploaded to the Site by users and third parties and will not be responsible for it. Since we do not have control of all information submitted, users may come across information that may be deemed offensive, indecent, inaccurate, misleading or otherwise objectionable. Users access the website at their own risk. 

16.3 To make submissions on this site, one must be a registered user. By submitting user content to any public posting areas of this Site, a user grants Accessible Shopping a world-wide, royalty free and non-exclusive license to reproduce, modify, disclose, distribute, adapt, broadcast and publish such material on the Site.   Likewise, users who submit information and content of whatever kind grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, disclose, adapt, publish, broadcast, translate, create derivative works from, distribute, perform and display such material (in whole or part), via the Site, and/or to incorporate it in other works in any form, media, or technology now known or later developed.  Accessible Shopping reserves the right (but assume no obligation) to delete, move, or edit any postings that come to the attention of the management which can be considered unacceptable or inappropriate, whether for legal or other reasons.  

16.4 As an individual user, you agree that they will not submit post or otherwise make available on the Site any content or material that: 

16.4(a) is considered profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive, or unlawful, or tramples the rights of others or interferes with the ability of others to enjoy the Site;

16.4(b) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

16.4(c) is false, deceptive, misleading, or deceitful;

16.4(d) includes personal identifiable information about another person without that person's knowledge and consent;

16.4(e) infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;

16.4(f) constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "ponzi schemes," or any other form of solicitation;

16.4(g) contains viruses or any other computer code, files or programs designed to interrupt, destroy or restrict the functionality of the Site;

16.4(h) interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site;

16.4(i) intentionally or unintentionally violates any applicable state, federal or international law; 

16.  Link to Third Party Websites 

17.1 The Site may include links offered and maintained by third parties. Accessible Shopping does not endorse such sites my merely including their links in its Site. Since Accessible Shopping does not have any control over such websites, users agree that Accessible Shopping will not be responsible for the availability of such websites and will not be responsible for any loss or damage caused by or in reliance of the content on such websites. 

17.  Intellectual Property 

18.1 Accessible Shopping reserves all intellectual property rights including, without limitation, copyright in the content on the Site. No user has the right to use any of Accessible Shopping business name, trademark, logos, domain names and other business features. Third party trademarks used on the site remain the property of such third parties and users agree not to infringe third party trademarks and other intellectual property. 

18.  Transfer and Assignment 

19.1 Although Accessible Shopping is not currently anticipating changes to its corporate structure, users agree that, should it be a subject to a merger, successful take over bid or outright purchase by a third party, Accessible Shopping reserves the right to transfer and assign any personal information and user content to the third party without prior notice. 

19.  Indemnity 

20.1 You understand and agree that you are personally responsible for your behavior on this Site and for your use of the Content. You agree to indemnify and hold this Site, www.accessibleshopping.com.au, its  respective subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each of the foregoing, harmless from any liability of any nature arising out of or related to 

20.1(a) your use of the Site (including the Content),

20.1(b) any violation by the user of these Terms and Conditions,

20.1(c) any content or materials submitted to or displayed on the Site by you or by others using your username, password or account,

20.1(d) any activity related to your user account (including negligent or wrongful conduct by you or any other person accessing the Site through your user account. 

20.  Events beyond our Control 

21.1 You release and hold harmless Accessible Shopping and our Affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 21.  Governing Law 

22.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales in the Commonwealth of Australia, without regard to any conflict of laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a court located within the State of New South Wales, having subject matter jurisdiction with respect to the dispute between the parties. Both parties hereby submit to the jurisdiction of such courts over each of them. 

22.  Severance 

23.1 In the event that any provision of this agreement shall be held illegal or otherwise ineffective, this agreement shall not be deemed void or voidable, but such provision shall be severed and the balance of the agreement shall continue in full force and effect. 

23.  Non Waiver 

24.1 No waiver by a party of any default in or breach of any provision of this agreement by the other party shall constitute a waiver of prior, concurrent or subsequent defaults in or breaches of the same or any other provisions hereof, and no waiver by any party shall be effective unless in writing and signed by an authorized representative of the waiving party. 

24.  Privacy and Personal Information 

24.1   Accessible Shopping has a detailed Privacy Policy that governs how we collect, use and retain user personal information. Our Privacy Policy can be accessed here 

25.  Corporate Structure 

26.1 Accessible Shopping is controlled by Accessible Shopping, Accessible ICT and Aussie ICT (ABN: 44 169 055 074)

26.  Contact Information. 

26.1 Under the Privacy Act 1988, users have the right to request access to any personal information held by us. If you would like to contact us about access to personal information, or to make any trade enquiries, you may send us an email to: info@accessibleshopping.com.au