Terms of Use
1. Agreement
1.1 Welcome to the website of ILove Computers Pty Ltd (as trustee) trading as "iLove Computers" (ABN 91 473 933 702) ("we", "us" or the "Company"). This website is located on the web via the domain https://shop.ilovecomputers.com.au/ and includes all of the files located in that domain and associated Sites linked to https://shop.ilovecomputers.com.au/ (the "Site").
1.2 Your use of this Site is subject to these terms of use, our Privacy Policy (located at [LINK]) (the “Website Terms of Use” or “Terms of Use”).
1.3 By accessing this Site, you agree to be bound by these Website Terms of Use. These Website Terms of Use constitute a binding agreement between you and the Company. By using the Site, you agree to these terms of use. If you do not agree, do not use the Site.
1.4 We reserve the right to:
(a) amend these Website Terms of Use and any other policy on this Site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. It is your responsibility to check these Terms of Use for changes; and
(b) without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site.
2. Restrictions
2.1 You must not:
(a) use any device, routine or software that interferes, or attempts to interfere, with the proper working of this Site, any transaction being conducted on the Site, or with any other person’s use of the Site;
(b) engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure, the infrastructure of the Site, our systems or networks or any systems or networks connected with the Site;
(c) use this Site to decipher passwords or security encryption codes, transmit any viruses or, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
(d) use the Site to promote, encourage, or provide instructional information about illegal activities;
(e) use this Site to violate any applicable local, state, national or international law;
(f) use this Site to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
(g) use any “spider”, “robot”, “deep link”, search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, acquire, copy or monitor, retrieve or index any portion of this Site;
(h) use this Site by any automated means;
(i) use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited emails or communications;
(j) manipulate or obscure identifiers in order to disguise the origin of any communication or transmission you send to or through the Site. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(k) access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting, comparing or sharing reviews;
(l) interfere with the display of any advertisements appearing on or in connection with this Site;
(m) reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
(n) reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
(o) falsely imply that any other website or business is associated with this Site;
(p) do anything that leads, or may lead, to a decrease in the value of our intellectual property;
(q) use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
(r) release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us; or
(s) use this Site to transmit any information or material that is, or may reasonably be considered to be:
(i) abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
(ii) libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
(iii) infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
(iv) in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
(v) in breach of any person’s privacy or publicity rights;
(vi) a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
(vii) in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
(viii) containing any political campaigning material, advertisements or solicitations; or
(ix) likely to bring us or our staff into disrepute.
2.2 Without limiting any other remedies available to us at law or in equity, we reserve our right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide services or products to you if:
(a) you breach any provision of these Website Terms of Use;
(b) we are unable to verify or authenticate any information that you provide to us; or
(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.
3. Indemnity
3.1 You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
(a) any material or information that you submit, post, transmit or otherwise make available through this Site;
(b) your use of, or connection to, this Site; or
(c) your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
4. Registration and account security
4.1 We reserve the right to make any parts of this Site accessible only to users who have registered for an account.
4.2 Upon registration, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this obligation.
4.3 We are entitled to assume that any person using this Site with your username and password is you or your authorised representative.
4.4 You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.
4.5 You represent and warrant to us that all information provided by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
4.6 One person may not maintain more than one account with this Site. Accounts registered by automated methods are not permitted.
4.7 We reserve the right to accept or reject any application for registration of an account with this Site at our discretion.
5. Third Party Links
5.1 This Site may include links to third party websites. You acknowledge that we do not:
(a) act as agent for any such third parties;
(b) check the truth or currency of any of the material or information that third parties provide or make available through this Site;
(c) make any representations, or provide any guarantees or warranties, regarding their content or accuracy;
(d) control, endorse, approve or warrant to you the merchantability, suitability, quality or fitness for any particular purpose of any of the goods or services of any third parties referred to in this Site or whose identities become known to you through this Site; or
(e) endorse or recommend any third-party supplier or any third-party goods or services, including where details of the relevant supplier are provided by usto you or otherwise become known to you through this Site.
5.2 We do not take any responsibility, and do not assume any liability for:
(a) content of linked third party websites. This includes such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
(b) any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); or
(c) any loss or damage that results from any dealings that you may have with such third parties.
5.3 Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use and privacy policies.
6. Intellectual Property
6.1 In these Website Terms of Use, "Proprietary Content" means:
(a) this Site;
(b) all of its content (including all of the text, graphics, designs, software, data, video files, user interfaces, photographs, trademarks, logos, computer code, design, structure and other information contained in this Site, and the selection and arrangement thereof); and
(c) all software, systems and other information owned or used by us in connection with the services offered through this Site (whether hosted on the same server as this Site or otherwise).
6.2 All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, republish, upload, translate, transmit, republish, prepare derivative works or distribute any of the Proprietary Content, except as expressly authorised by these Website Terms of Use.
6.3 You may download and print out content from this Site provided that:
(a) you do not remove or modify any copyright, trademark or other proprietary notices;
(b) you only do so for your own personal and non-commercial use;
(c) you do not make any modifications to any such material or information; and
(d) you do not make any additional representations or warranties relating to such material or information.
6.4 Our logo, trading names and business names and the look and feel of this Site (including all button icons, scripts, custom graphics and headers) are our trademarks, service marks and/or trade dress. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part. Nothing in this agreement grants you any licence or right to use any trademarks or Propriety Content.
6.5 If you believe that any content on this website infringes your intellectual property rights, please contact us and include the following details:
(a) your full name;
(b) your postal address;
(c) your contact phone number;
(d) your email address;
(e) a clear description of the content you are concerned about and where it can be found on the Site (e.g. a direct URL or detailed location);
(f) an explanation of why you believe the content infringes your rights; and
(g) if you are not the rights holder, details of the rights holder and your authority to act on their behalf
7. Disclaimer of warranties
7.1 To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Site, including non-infringement.
7.2 This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee that:
(a) the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) this Site will meet your requirements or expectations;
(c) errors or defects will be corrected; or
(d) this Site or the servers that make it available are free of viruses or other harmful components.
7.3 To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this Site by you or any other person.
7.4 You agree that your use of this Site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these website Terms of Use or the use of this Site by you or any other person.
8. Viruses
8.1 You are responsible for protecting your own computer system when accessing the Site.
Please take appropriate precautions to ensure that the way you access this site does not expose your computer — or anyone else’s — to viruses, malicious code, or other harmful interference.
8.2 To the maximum extent permitted by law, we are not responsible for any loss, damage, costs, or inconvenience you or others may suffer due to viruses, malware, or other harmful effects resulting from your use of this website.
9. General
9.1 In these Terms of Use, the following rules of interpretation apply:
(a) headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
(b) these Website Terms of Use may not be construed adversely against us solely because we prepared them;
(c) the singular includes the plural and vice-versa;
(d) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
(e) the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
9.2 Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by us to act with respect to a breach by you or others does not waive our right to act with respect to that breach or any subsequent or similar breaches.
9.3 The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
9.4 We may provide any notification for the purposes of these Terms of Use by email.
9.5 You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without our written consent.
9.6 We may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without your consent or notice to you.
9.7 You may only vary or amend these Terms of Use by written agreement with us.
9.8 These Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.