.:: shoppingstrip.com.au ::.

b. "SHOPPINGSTRIP.COM.AU Site" means SHOPPINGSTRIP.COM.AU's on-line shopping service that provides consumers with a virtual Shopping Centre, related information and the Merchant Interface. All references to the SHOPPINGSTRIP.COM.AU Site shall include all versions of the SHOPPINGSTRIP.COM.AU service, as such service may be co-branded, co-marketed and/or private labeled, whether under SHOPPINGSTRIP.COM.AU branding and domains or otherwise.

c. "Add on Services" means those additional services elected by Merchant for use or display with Merchant Content on the SHOPPINGSTRIP.COM.AU Site.

d. "End-User" means a user of the Web and in particular of the SHOPPINGSTRIP.COM.AU Site.

e. In this Agreement, “Customer” refers to any person or entity who uses, purchases from, browses or in any way views the SHOPPINGSTRIP.COM.AU Web Site.

f. "Link" means a hyperlink from one Web page to another.

g. "Merchant Content" means any information, material or content owned by the Merchant and provided in any form to SHOPPINGSTRIP.COM.AU including, without limitation, graphics, logos, trademarks, descriptions and service marks.

h. "Proprietary Technology" means SHOPPINGSTRIP.COM.AU's proprietary computer programs and software, and all services, methods, processes, data, information, wrappers and other business property created and/or owned by SHOPPINGSTRIP.COM.AU from time to time.

i. "Services" means the processing of Merchant Content, selected at SHOPPINGSTRIP.COM.AU's sole discretion provided by you as a feed for use on the SHOPPINGSTRIP.COM.AU Site. "Territory" means worldwide.

Please read this Agreement carefully. By accessing, using, browsing SHOPPINGSTRIP.COM.AU, you agree to be bound by the terms, conditions, disclaimers and limitations of liability ("Terms and Conditions") of the SHOPPINGSTRIP.COM.AU Web Site. You agree that you or any person or entity acting on your behalf with respect to the use of the SHOPPINGSTRIP.COM.AU Site, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Customer.

B. LIMITATIONS OF LIABILITY.
SHOPPINGSTRIP.COM.AU is a multi-merchant Web Site where products are offered to you from different Retailers. As such, SHOPPINGSTRIP.COM.AU or its’ Associates accept no liability in connection with goods or services supplied to you via the SHOPPINGSTRIP.COM.AU Web Site.

C. DISCLAIMER.
The information contained on the SHOPPINGSTRIP.COM.AU Web Site is provided in good faith. To the best of SHOPPINGSTRIP.COM.AU’s knowledge, the information is accurate and current. However, SHOPPINGSTRIP.COM.AU and its related bodies corporate, any of their directors, officers, employees or consultants do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, SHOPPINGSTRIP.COM.AU disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. SHOPPINGSTRIP.COM.AU makes no warranty that the SHOPPINGSTRIP.COM.AU Web Site, any information or ideas contained herein or any products or services will meet your requirements.

You expressly acknowledge and agree that SHOPPINGSTRIP.COM.AU does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and SHOPPINGSTRIP.COM.AU is therefore not liable for their opinions or their behavior, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", SHOPPINGSTRIP.COM.AU will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the SHOPPINGSTRIP.COM.AU Web Site.

D. COPYRIGHT.
Copyright in the SHOPPINGSTRIP.COM.AU website is property of SHOPPINGSTRIP.COM.AU. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of SHOPPINGSTRIP.COM.AU and third parties. This property may only be used for the purposes of browsing the SHOPPINGSTRIP.COM.AU website and acquiring goods and services of SHOPPINGSTRIP.COM.AU.

E. APPLICABLE LAW.
These Terms and Conditions are governed by the laws in force in Victoria , Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria , Australia and any courts, which may hear appeals from those courts.

F. INFORMATION PROVIDED BY YOU.
If you purchase goods and services from SHOPPINGSTRIP.COM.AU or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). You agree to provide SHOPPINGSTRIP.COM.AU with current, complete and accurate customer information when asked to do so by the website or one of our Employees.

G. VIRUS WARNING.
All care is taken to ensure that SHOPPINGSTRIP.COM.AU websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

H. PRIVACY.
We treat all customer information in accordance with our Privacy Policy.

I. LOST LOGIN AND PASSWORD DETAILS.
All information is kept private. Many members often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their "Password reminder" rather than the actual password being given out.

J. OTHER PRIVACY INFORMATION YOU SHOULD BE AWARE OF.
Sign out or close your browser once you have finished shopping within SHOPPINGSTRIP.COM.AU or Affiliate's partner store. This is to ensure that others cannot access your personal information and correspondence.

If you share a computer with someone or are using a computer in a public place like a library or Internet café, you as an individual are responsible for the security of and access to your SHOPPINGSTRIP.COM.AU Account.

You are solely responsible for keeping your username and passwords secure and secret. For comprehensive Privacy Information, please visit the Australian Privacy Commissioner's Web Site.

K. MEMBERSHIP.
A SHOPPINGSTRIP.COM.AU member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as Gift Vouchers / Gift Certificates, promotional benefits and the value therein.

Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.

As a SHOPPINGSTRIP.COM.AU member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.

L. PRODUCT INFORMATION.
Prices of goods and services, postage and handling fee, stock availability and other information displayed on the SHOPPINGSTRIP.COM.AU website are current at the time of display to the best of SHOPPINGSTRIP.COM.AU’s knowledge. It is each Merchant’s responsibility to keep accurate product information. In some instances, a Merchant may not have updated product information which may cause your order to be cancelled or postponed. If your order is cancelled, the Merchant will refund you the full order amount, including any amount you may have been charged for Shipping and Handling of the purchased item.

We will always attempt to be as accurate as possible with our product descriptions, pricing and availability. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Placing and accepting Orders
Orders will not be dispatched until payment in full has been received and SHOPPINGSTRIP.COM.AU is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, SHOPPINGSTRIP.COM.AU is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us and the Merchant whose product you have purchased. We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

M. CANCELLATION BY US.
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

N. CANCELLATION BY YOU.
If you need to cancel an order, please contact us immediately on fax +613 9018 4459 or email customerservice@shoppingstrip.com.au. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Refund Policy.

O. DELIVERY.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

While we make every effort to deliver all items as quickly as possible, this doesn’t always happen.

It is the responsibility of the customer to inform SHOPPINGSTRIP.COM.AU if an order does not arrive. Once we learn an order has not arrived by the estimated due date, we will lodge enquiries with the courier or Australia Post to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, it is the Merchant’s, from whom you have purchased the product, to dispatch a replacement item. Replacement items will be dispatched according to the Merchant’s discretion.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

International Delivery: SHOPPINGSTRIP.COM.AU Merchants deliver to Australia and New Zealand . Please check the item description for details of any restrictions relating to delivery locations.

New Zealand customers please note: If you purchase over AU$400 worth of goods, you will be required to pay a landing tax of 12.5% on your purchase.

Q. SUPPLIERS.
If you enter into a transaction through SHOPPINGSTRIP.COM.AU to purchase products supplied directly by a third party Merchant, SHOPPINGSTRIP.COM.AU is not responsible for the provision of those services or for any misunderstanding between you and the Merchant.

In all arrangements involving the direct provision of services by third parties, SHOPPINGSTRIP.COM.AU accepts no liability of any kind in connection with or arising from such an arrangement.

R. RELEASE AND INDEMNITY.
You agree to waive any and all claims that you now have or may have in the future against SHOPPINGSTRIP.COM.AU and its’ Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold SHOPPINGSTRIP.COM.AU harmless from and against any and all claims, loss or expense that may be incurred by SHOPPINGSTRIP.COM.AU or its’ Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold SHOPPINGSTRIP.COM.AU and its’ Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

S. TERM.
The Term of this Agreement shall begin on the day that SHOPPINGSTRIP.COM.AU accepts your application to become a Member, and shall continue until this Agreement is terminated either by you or by SHOPPINGSTRIP.COM.AU.

T. CANCELLATION OR TERMINATION.
If you are dissatisfied with the SHOPPINGSTRIP.COM.AU Site or with any of the terms and conditions contained herein, your sole and exclusive remedy is to terminate your account. You must submit a request to terminate via the Customer Interface. If you cancel your participation and later re-enter it, using your username and password, the provisions of this Agreement shall continue to apply to you, subject to any changes and amendments that have been made in your absence or those reported on the relevant areas of the SHOPPINGSTRIP.COM.AU Web Site. SHOPPINGSTRIP.COM.AU may, in its sole discretion, terminate your account, and discontinue your participation in the SHOPPINGSTRIP.COM.AU Site. Reasons for SHOPPINGSTRIP.COM.AU's determination to so terminate or discontinue your account or participation as provided for above include, but are not limited to, if SHOPPINGSTRIP.COM.AU believes that you violated this Agreement or other policies or guidelines of SHOPPINGSTRIP.COM.AU or any other party, or if SHOPPINGSTRIP.COM.AU believes your conduct may be harmful to other consumers, merchants or others who use or participate in (or offer to its users) the SHOPPINGSTRIP.COM.AU Site. All decisions made by SHOPPINGSTRIP.COM.AU in this matter will be final and neither SHOPPINGSTRIP.COM.AU shall have

U. NOTICES.
Notices (including notice of changes to or termination of this Agreement by SHOPPINGSTRIP.COM.AU) may be given by email from SHOPPINGSTRIP.COM.AU. It is your responsibility to ensure that your e-mail address and any other contact information you provide to SHOPPINGSTRIP.COM.AU is updated and correct. Even if you do not receive an e-mail notification, you will be deemed to have received any notice posted in the appropriate section of the SHOPPINGSTRIP.COM.AU Site.

V. CHOICE OF LAW.
This Agreement shall be construed and controlled by the laws of the state of Victoria , Australia . Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict with laws elsewhere in the Territory.

W. MISCELLANEOUS.

a. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between you and SHOPPINGSTRIP.COM.AU. Any previous agreements between you and SHOPPINGSTRIP.COM.AU are terminated and of no further force, except for the provisions thereof relating to payment of any sums to SHOPPINGSTRIP.COM.AU, confidentiality and ownership of proprietary information and intellectual property, which shall remain enforceable in accordance with such agreements.

b. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.

c. This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.

d. SHOPPINGSTRIP.COM.AU may change this Agreement at any time upon notice published on the SHOPPINGSTRIP.COM.AU Site or by e-mail notification to you. Any use by you of the SHOPPINGSTRIP.COM.AU Site after the effective date of such change shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.

e. SHOPPINGSTRIP.COM.AU reserves the right to discontinue offering the Services at any time.

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