Terms & Conditions
Important Notice: this User agreement constitutes a legally enforceable agreement with Novelty Shop. If you do not agree with any of the terms of conditions contained in this User Agreement, you are not permitted to use the Site and should immediately exit from it.
By accessing, using and conducting transaction on the Site you agree that your access, use and any transactions conducted on the Site are governed by this User Agreement. Your use by accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these terms and conditions.
Novelty Shop user account
If you register as a member of Novelty Shop via the ‘My Account’ section of the Site, the registration process requires that you select a password, display name and list an email address you own and use. You acknowledge and agree that the email address you provide is accurate and complete. Novelty Shop reserves the right to refuse registration of, or cancel your registration in our sole and absolute discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account. You must immediately notify Novelty Shop of any unauthorized use of your account or password, and ensure that you exit from your account at the end of each session.
Your Novelty Shop user account enables you to specify and update your preferred payment method when purchasing merchant products through the Site. This information will be used when processing payments through the My Cart purchasing section of the Site.
Once you have ordered and paid for a product through the My Cart section of the Site, you can use the My Account section of the Site to view and track your order.
Modifications
Novelty Shop may modify the terms and conditions of this User Agreement at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after this User Agreement has been modified, you agree to be bound by the modification. A copy of the current User Agreement is displayed on the Site at all times.
Purchasing Merchant Products
You may purchase products offered by merchants on the Site by using the Novelty Shop shopping cart. You may use your shopping cart to purchase items from different merchants and pay for this order in the one transaction.
You acknowledge that Novelty Shop provides mechanisms on the Site for you to obtain further information about each merchant and each product, including any policies and procedures of that merchant or specific details relating to that product. The merchant may also provide further product details and descriptions with their listing.
The method, cost and timing of product delivery and any refund policies may be outlined by the merchants at the listing. You should contact the merchant directly through the Site if requiring any further information relating to the merchant’s business, the product or their policies and procedures.
To purchase merchant products displayed on the Site, you must click on the ‘Add to Cart’ function of the Site and provide all relevant billing and shipping information at the checkout. You must confirm that the details in your order are correct before clicking the process order button.
Once an order is placed, we process payment for all products purchased through your shopping cart and distribute the relevant amounts to each merchant. The merchant is not responsible for processing payments and does not have access to your payment information. Once we have processed your payment and provided details of this purchase to the merchant, that merchant is responsible for completing and fulfilling your order.
You may contact us via the Dispute Resolution Centre of the My Account section of the Site if you do not receive your order in the specified time or wish to contact the merchant regarding any other form of dispute.
Prohibited Conduct
You must not:
a) use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party's rights, are contrary to any relevant standards or codes;
b) use another’s name, username, password or account without their permission;
c) tamper with, hinder the operation of, or make unauthorised modifications to the Site;
d) knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
e) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
f) modify, adapt, translate, or reverse engineer any portion of the Site;
g) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
h) collect any information about other users or Novelty Shop account holders (including usernames and/or email addresses) for any purpose other than to share opinions or reviews with other users or members;
i) reformat or frame any portion of the web pages that are part of the Site;
j) create user accounts by automated means or under false or fraudulent pretences;
k) use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
l) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
m) use the Site otherwise than in accordance with this User Agreement; or
n) attempt any of the above acts or permit another person to do any of the above acts.
Conduct in Forums and Content of Postings
When using the Site you must not post content or use our feedback channels, forums or blogs for any purpose that is unlawful or prohibited by this User Agreement. Without limiting your obligations, you agree that it is an express condition of your use of the Site that you will not:
a) post irrelevant, untruthful or misleading or deceptive content;
b) violate the legal rights of others;
c) impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
d) defame, threaten, harass, stalk or flame any other user;
e) publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person’s intellectual property rights or is defamatory, misleading, deceptive, intentionally inaccurate, obscene, indecent, pornographic or otherwise objectionable;
f) publish, post, distribute or disseminate any material or information relating to the products or services of a competitor to your business (or a competitor of the business you are engaged or employed by);
g) upload or attach files that contain material protected by intellectual property laws unless you own or have all required licences or consents to use such material;
h) upload or attach files that contain viruses, corrupted files, or any other similar software or programs containing harmful or damaging components designed to interpret, impair, destroy or limit the functionality or operability of any computer system, software, hardware or telecommunications equipment;
i) advertise, solicit business, offer to sell any goods or services (except to the extent you are permitted to do so pursuant to a current Merchant Agreement between you and BIGSHOP);
j) post or send any SPAM, junk mail, chain letters or pyramid schemes;
k) conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
l) recruit other users to join another web site forum, whether personal or otherwise; or
m) post the same message or material more than once in the same forum.
Our use of your information
We retain the right at all times to monitor, retain and disclose any information as necessary for us to satisfy our obligations under any applicable laws. More information about the information we collect from you and what we do with that information is set out in our privacy policy http://www.bigshop.com.au/cgi-bin/category/policies.
You acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum or discussion group or any content posting for any reason.
We reserve the right to terminate, without prior notice, your access to your Novelty Shop user account.
Intellectual Property Rights
Unless otherwise stated, Novelty Shop owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Novelty Shop, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on the Site:
(a) store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
(b) print hard copies of material for your personal information, but not commercial use.
When you contribute postings or any content to the Site, you grant Novelty Shop a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site or write about the Site (including emails and posts to our forums), in any form, and by any current or future media or technology.
You consent to Novelty Shop not attributing your authorship to any of your postings to this Site.
No endorsement
The display of third party merchant trade marks, information or products on the Site does not constitute or imply Novelty Shop’s endorsement of or affiliation with such merchant or business (except to the extent that merchant is permitted to display content on the Site and offer their products for sale via the Site, pursuant to their Merchant Agreement with Novelty Shop).
Inclusion of a third party link on the Site does not constitute Novelty Shop’s endorsement of that site or the merchant, products, services or information contained or listed on that linked to site.
Limitation of Liability
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use the Site, purchase of products from merchants via the Site, or the content, postings or material on or accessible through the Site (including search results, editorial content, user rating, any other content or transactions conducted through a linked site).
Except as expressly stated in these terms, Novelty Shop will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site, purchase of products from merchants via the Site, or the content or materials of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.
Links to External Sites
Where the Site includes links to other web sites, including merchant websites, Novelty Shop does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material on these other web sites. These sites are maintained by third parties and are not under the control of BIGSHOP. Novelty Shop is not responsible for the content of any linked site or any link contained in a linked site.
No SPAM
Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.
Indemnity
By entering and using the Site and any information or services offered via the Site, you must indemnify Novelty Shop against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, services, content or materials.
Warranties
Novelty Shop provides the Site on an "as is" basis without any express or implied warranty of any kind.
Novelty Shop does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product offered by merchants via the Site or that merchants will complete orders made via the Site.
While Novelty Shop exercise all due care and precautions, Novelty Shop cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.
In compiling content for the Site, Novelty Shop relies on information supplied by a number of external sources and content posted by third parties, including merchants offering products for sale and the content of any messages or reviews. As Novelty Shop does not control the content posted by third parties on the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content. We do not warrant the information provided on the Site is free from human or automated error. You must not rely on any information presented on the Site. Reliance is solely at your own risk.
Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of BIGSHOP for any breach of the condition or warranty is limited to, at Novelty Shop’s option either:
(a) the resupply of the services; or
(b) the reasonable cost of having the services resupplied.
Severability
If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.
Governing Law
This agreement is governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of Queensland, Australia.
Information Use
We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that Novelty Shop is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.