TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.nerdalertcollectables.com.au (the 'Website'). The Website
provides you with an opportunity to browse and purchase various products that
have been listed for sale through the Website (the 'Products'). The Website
provides this service by way of granting you access to the content on the
Website (the 'Purchase Services').
1.2. The Website is operated by Nerd Alert Collectables (ABN 32344395682) .
Access to and use of the Website, or any of its associated Products or
Services, is provided by Nerd Alert Collectables . Please read these terms and
conditions (the 'Terms') carefully. By using, browsing and/or reading the
Website, this signifies that you have read, understood and agree to be bound
by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
1.3. Nerd Alert Collectables reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When Nerd Alert
Collectables updates the Terms, it will use reasonable endeavours to provide
you with notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Nerd Alert Collectables in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
3.2. You warrant that any information you give to Nerd Alert Collectables in the
course of completing the registration process will always be accurate, correct
and up to date.
3.3. Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Nerd Alert
Collectables ; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Nerd Alert
Collectables of any unauthorised use of your password or email address
or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Nerd Alert
Collectables providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Nerd Alert Collectables for any illegal or unauthorised use of
the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through visa, Mastercard,
Paypal, Afterpay (the 'Payment Gateway Provider')
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Nerd Alert
Collectables , you will be issued with a receipt to confirm that the payment has
been received and Nerd Alert Collectables may record your purchase details
for future use.
5.4. Nerd Alert Collectables may, at their sole discretion, provide a refund on the
return of the Products within 14 days where the Product packaging is
unopened and remains in a saleable condition. You acknowledge and agree
that you are liable for any postage and shipping costs associated with any
refund pursuant to this clause.
6. Warranty
6.1. Nerd Alert Collectables 's Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure of the Product and compensation for
any other reasonably foreseeable loss or damage. You are also entitled to
have the Products repaired or replaced if the Products fail to be of acceptable
quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the ' Warranty Claim ') for material
defects and workmanship in the Products within depends on item from the date
of purchase (the ' Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Nerd Alert Collectables showing the date of
purchase of the Products, provide a description of the Products and the price
paid for the Products by sending written notice to Nerd Alert Collectables at
Unit 39/14 Loyalty Road Loyalty rd , North Rocks, New South Wales, 2151 or
by email at admin@nerdalertcollectable.com.au .
6.4. Where the Warranty Claim is accepted then Nerd Alert Collectables will, at its
sole discretion, either repair or replace any defective Products or part thereof
with a new or remanufactured equivalent during the Warranty Period at no
charge to you for parts or labour. You acknowledge and agree that you will be
solely liable for any postage or shipping costs incurred in facilitating the
Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Nerd Alert
Collectables and shall be the sole and exclusive remedy available to you in
addition to other rights and under a law in relation to the Products to which this
warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.
7. Copyright and Intellectual Property
7.1. The Website, the Purchase Services and all of the related products of Nerd
Alert Collectables are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the 'Content') are owned or
controlled for these purposes, and are reserved by Nerd Alert Collectables or
its contributors.
7.2. Nerd Alert Collectables retains all rights, title and interest in and to the Website
and all related content. Nothing you do on or in relation to the Website will
transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Nerd Alert Collectables ;
or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
7.3. You may not, without the prior written permission of Nerd Alert Collectables and
the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the Content or third party content for any purpose. This
prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8. Privacy
Nerd Alert Collectables takes your privacy seriously and any information provided
through your use of the Application and/or the Purchase Services are subject to Nerd
Alert Collectables 's Privacy Policy, which is available on the Application.
9. General Disclaimer
9.1. You acknowledge that Nerd Alert Collectables does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
9.2. Nerd Alert Collectables will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Website.
9.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
9.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Nerd Alert Collectables will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
9.5. Use of the Website, the Purchase Services, and any of the products of Nerd
Alert Collectables is at your own risk. Everything on the Website, the Purchase
Services, and the Products of Nerd Alert Collectables , are provided to you on
an "as is" and "as available" basis, without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, third
party content providers or licensors of Nerd Alert Collectables make any
express or implied representation or warranty about its Content or any
products or Purchase Services (including the products or Purchase Services of
Nerd Alert Collectables ) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the
following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
10.1. Nerd Alert Collectables 's total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase Price, then the total liability of Nerd Alert
Collectables is the resupply of information or Purchase Services to you.
10.2. You expressly understand and agree that Nerd Alert Collectables , its affiliates,
employees, agents, contributors, third party content providers and licensors
shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
10.3. Nerd Alert Collectables is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website
or in connection with the Purchase Services, whether posted or caused by
users of the website of Nerd Alert Collectables , by third parties or by any of the
Purchase Services offered by Nerd Alert Collectables .
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Nerd Alert
Collectables as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Nerd Alert Collectables via the
'Contact Us' link on our homepage.
(a) notifying Nerd Alert Collectables at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Nerd Alert Collectables has made this option available to you.
11.3. Nerd Alert Collectables may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Nerd Alert Collectables is required to do so by law;
(c) the partner with whom Nerd Alert Collectables offered the Purchase
Services to you has terminated its relationship with Nerd Alert Collectables
or ceased to offer the Purchase Services to you;
(d) Nerd Alert Collectables is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by Nerd Alert Collectables is,
in the opinion of Nerd Alert Collectables , no longer commercially viable.
11.4. Subject to local applicable laws, Nerd Alert Collectables reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts Nerd Alert
Collectables 's name or reputation or violates the rights of those of another
party.
11.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Nerd Alert Collectables have benefited from, been
subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.
12. Indemnity
12.1. You agree to indemnify Nerd Alert Collectables , its affiliates, employees,
agents, contributors, third party content providers and licensors from and
against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Conflict Resolution Service or his or her
nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Sydney NSW, Australia.
13.4. Confidential
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as "without prejudice" negotiations for the
purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 4 weeks have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Purchase Services offered by Nerd Alert Collectables is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
5. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way relating
to the Terms and the rights created hereby shall be governed, interpreted and construed
by, under and pursuant to the laws of New South Wales, Australia, without reference to
conflict of law principles, notwithstanding mandatory rules. The validity of this governing
law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
