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FORUM DIRECT WEBSITE TERMS OF SALE AND USE

 

The forumdirect.com.au website is owned and operated by Forum Direct Pty Ltd (ACN 054 890 710) and its related bodies corporate.

 

References in these Website Terms of Sale and Use to forumdirect.com.au, us or we are references to Forum Direct Pty Ltd and/or its related bodies corporate (“Forum Direct”).

 

Forum Direct’s website using the domain name forumdirect.com.au ("Website") and related services are made available to you in accordance with the following Website Terms of Sale and Use and any other terms, conditions, policies and rules posted on our Website (collectively, the "Website Terms of Sale and Use"). Please read the Website Terms of Sale and Use carefully before using our Website. We recommend you should keep a copy of the Website Terms of Sale and Use for future reference.

 

We may modify the Website Terms of Sale and Use from time to time. Please read the Website Terms of Sale and Use and check back often. If you do not agree to any change to the Website Terms of Sale and Use, then you must immediately stop using the Website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

If you have any questions or comments about the Website or any of our goods and services, please email us through our ‘Contact Us’ section on our Website.

 

1.         WEBSITE POLICY

 

1.1.      In the Website, Forum Direct provides users with access to the sale of its goods online. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.

 

1.2.      In the event that you are under the age of eighteen (18) you cannot submit orders and make purchases on the Website. By making an order to purchase goods on the Website, you confirm that you are over the age of eighteen (18) and acknowledge the terms and conditions in these Website Terms of Sale and Use.

 

1.3.      Forum Direct reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

 

1.4.      Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention

agency, which may keep a record of that information.

 

2.         ACCOUNT

 

2.1.      In order to make purchases on the Website you will be required to provide your personal details to Forum Direct and either create an account with Forum Direct or continue with your order as a guest and no account will be created for you. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated.

 

2.2.      Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

 

2.3.      You may not create an account for anyone other than yourself and you must immediately notify us if you suspect any misuse or potential misuse of your account with Forum Direct.

  

3.         PRICING

 

3.1.      Prices for goods are as displayed on the Website, which may change from time to time at Forum Direct’s sole and absolute discretion without any notice to you.

 

3.2.      All prices displayed on the Website are in Australian Dollars and include Goods and Services Tax. 

 

3.3.      In addition to the price for the goods, you will also be required to pay any additional delivery charges, which will be subject to Goods and Services Tax. Additional delivery charges will appear at checkout.

 

3.4.      In addition to the price for goods and the additional delivery charges (if applicable) you may also be required to pay further additional delivery charges if your shipping address is located in an area that is not serviced by our national courier.

 

3.5.      We will deliver goods internationally at our sole discretion, and in the event we agree to deliver the goods internationally, international delivery charges will apply.

 

3.6.      By placing an order, you agree to pay the price for the goods ordered by you, any and all delivery charges and any overseas delivery charges.

 

4.         ORDERS

 

4.1.      All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Forum Direct offers goods for sale that are in stock and available for dispatch from our suppliers/distributors.

 

4.2.      You may from time to time be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase. Your rights regarding advance purchase are the same as those for any other purchase at Forum Direct. Alternatively, you may simply choose to register your email address for notification of arrival of the selected goods not held in stock.

 

4.3.      Customers making advance payments will receive items in priority to customers on the waiting list or customers ordering through the Website for immediate delivery. Please be aware that we may be unable to deliver selected advance payment goods due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the advance payment to your credit/debit card within thirty days of being advised that the goods have become unavailable.

 

4.4.      By making an offer to purchase goods you expressly authorise us to perform credit checks and where Forum Direct feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

 

5.         ORDER ACCEPTANCE

 

5.1.      Once  your order has been placed and payment has been made, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

 

5.2.      Unless you cancel your order, acceptance of your order and completion of the contract between you and Forum Direct will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Sydney, New South Wales, Australia and the language of the contract is English.

 

5.3.      We reserve the right not to accept your order in the event of the following:-

 

(a)       we are unable to obtain authorisation for payment;

(b)       shipping restrictions apply to a particular item;

(c)        the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn; or

(d)       you do not meet the eligibility criteria set out within the Website Terms of Sale and Use.

 

5.4.      We may also refuse to process and therefore accept a transaction, order or an order previously accepted by us for any reason or refuse service to anyone at any time at our sole discretion.

 

5.5.      We will not be liable to you or any third party by reason of:-

 

(a)       our withdrawing any goods from the Website whether or not those goods have been sold;

(b)       removing, screening or editing any materials or content on the Website;

(c)        refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

6.         PAYMENT

 

6.1.      Payment can be made by credit/debit cards accepted at the point of sale, and any other methods which may be clearly advertised on the Website from time to time.

 

6.2.      Payment will be debited and cleared from your account and then your order will be dispatched by Forum Direct.

 

6.3.      You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it.

 

6.4.      All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Forum Direct, we will not be liable for any delay or non-delivery.

 

6.5.      We take reasonable care to make our Website secure. We will NOT store your credit/debit card details on our systems.

 

6.6.      To help ensure that your shopping experience is safe, simple, and secure, Forum Direct take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

 

7.         CANCELLATION OF ORDER AFTER SALE

 

7.1       The following cancellation fee/s will apply, when you have placed an order and made payment through the Website and for any reason, our or your Financial Institution cancels or voids the transaction:-

 

            (a)       Customer cancels the transaction

 

If you decide to cancel the transaction, Forum Direct reserves the right to retain the goods and charge you a cancellation fee of 50% of the total cost payable by you to us for the transaction.

 

            (b)       Financial Institution cancels the transaction

 

In the event your Financial Institution cancels or voids the transaction for any reason, Forum Direct reserves the right to retain the goods and charge you a cancellation fee up to 50% of the transaction value.

 

            (c)        Forum Direct cancels the transaction

 

            In circumstances where Forum Direct has cancelled the transaction, a full   remittance of the monies charged to you through your Financial institution   will occur upon the date the transaction has been cancelled by us.

 

7.2       In the event of any cancellation of any transaction referred to above, including but not limited to any credit card transaction, Forum Direct reserves the right to charge you the respective cancellation fee percentages referred to above in addition to the recovery of the goods (if applicable) which were subject of the transaction.

 

8.         INSURANCE & DELIVERY

 

8.1.      Forum Direct insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.

 

8.2.      If you have specified a recipient who is not you for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Forum Direct, and transfer of responsibility in the same way.

 

8.3.      If you request and authorise Forum Direct to leave the purchased goods, without signature, at your specified delivery address, you acknowledge and agree that responsibility for your purchased goods will pass to you once the purchased goods have been delivered to your specified delivery address.

 

 

8.4.      Please note that we aim to dispatch all orders within a timely fashion and some items in your order may not be delivered at the same time. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Forum Direct is not responsible for any delays.

 

8.5.      Forum Direct does not allow any collection of goods. All goods ordered by you are to be delivered to your specified delivery address. If you have any special delivery requirements, additional costs may be incurred, and you hereby acknowledge and agree to pay us for any additional costs incurred by us.

 

9.         RETURNS POLICY

 

9.1.      These Website Terms of Sale and Use include, and does not seek to exclude or limit, the rights you have under the Australian Consumer Law (if you are a consumer) and other relevant laws.  

 

9.2.      If you wish to return an order, you must contact Forum Direct’s customer service team and comply with the instructions provided to you.

 

9.3.      You cannot return an item if you change your mind or incorrectly purchase goods.

 

9.4.      All approved returns must be made with the original undamaged packaging.

 

9.5.      For further information on Forum Direct’s returns process please refer to our ‘Returns Policy’ located on our Website.

 

10.       PRIVACY POLICY

 

            Please refer to our ‘Privacy Policy’ located on our Website.

 

11.       ELECTRONIC COMMUNICATION

 

11.1.    When you use the Website or send emails to Forum Direct, you are communicating with Forum Direct electronically. You consent to receive communications electronically from Forum Direct and its affiliates. Forum Direct will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 

11.2.    We accept no responsibility for incomplete or inaccurate client contact details.

 

12.       INTELLECTUAL PROPERTY RIGHTS

 

Your use of the Website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the content on the Website, including Forum Direct Software and all HTML and other code contained in this Website. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorised by Forum Direct and/or its third-party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing content for your own personal use.

 

13.       COMMERCIAL USE

 

This Website is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, goods, products, or services contained within this Website. You may not use this Website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. For any marketing and advertising enquiries please email us through our ‘Contact Us’ section on our Website.

 

14.       AUTHENTICITY & QUALITY OF GOODS

 

Whilst all care, skill and consideration is taken to ensure that the goods provided for the purposes of sale are as described, you warrant that at the time of purchase you have conducted any and all due diligence reasonably required by you to verify that the goods purchased are as described and Forum Direct takes no responsibility and shall not be liable for any claim in damages or otherwise in respect of any goods which have been purchased by you from Forum Direct but which have been misdescribed to Forum Direct by its ultimate supplier where Forum Direct has relied upon this description by the supplier in the normal course of business and has undertaken the usual inspection practices which one would expect from a person or company in the position of Forum Direct.

 

15.       THIRD-PARTY INSURANCE CONSENT

 

If you have purchased goods from Forum Direct, you hereby agree, by accepting these Website Terms of Sale and Use to receive any and all information and marketing information from the Forum Direct preferred insurance provider, please note at some point after the point of sale a representative of Forum Direct preferred insurance provider may contact you with an option to register and insure your goods. You will have the option not to purchase or participate in that service however you expressly agree that Forum Direct may provide your details to its preferred insurance provider.

 

16.       LIMITATION OF LIABILITY

 

You expressly understand and agree that Forum Direct and its bodies corporate, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Forum Direct has been advised of the possibility of such damages), resulting from use of the Website, content or any related services.

 

17.       INDEMNITY

 

You agree to indemnify and hold Forum Direct (and its officers, directors, agents, bodies corporate, affiliates, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of this Website Terms of Sale and Use, or your violation of any law or the rights of a third party.

 

18.       MODIFICATION & NOTIFICATION OF CHANGES

 

Forum Direct reserves the right to make changes to the Website, related policies and agreements and this Website Terms of Sale and Use, without notice.

 

19.       PLATFORM USAGE

 

You acknowledge and agree that at the time you submit an order with Forum Direct, you are accepting to be bound by these Website Terms of Sale and Use.

 

20.       SURVIVAL OF TERMS AFTER AGREEMENT ENDS

 

Notwithstanding any other provisions of this Website Terms of Sale and Use, or any general legal principles to the contrary, any provision of this Website Terms of Sale and Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Website Terms of Sale and Use.

 

21.       APPLICABLE LAW & JURISDICTION

 

The Website Terms of Sale and Use shall be exclusively governed by the laws of New South Wales, Australia. If any portion of the Website Terms of Sale and Use becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.

 

 

 

 

 

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