Terms and Conditions

The following terms of use ("T&C") apply to your use of acaps.net.au ("Website"), including your use of or access to the Services (as defined below) and the Content (as defined below) available through the Website. Please read the T&C carefully before using or accessing the Website, the Services or the Content. By using or accessing the Website, the Services or the Content, you signify your agreement to the T&C. Your use of or access to the Website, the Services or the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms or conditions in the T&C, you should not use or access the Website, the Services or the Content. Your use of or access to the Website, the Services or the Content is also governed by our Privacy Policy, which is available through a link on our home page at www.acaps.net.auacaps.net.au provides the Website, the Content and the Services to you subject to the T&C. We may amend the T&C from time to time without notice to you, but if it does so, it will post the amended T&C on the Website. We encourage you to review the T&C from time to time for possible changes. Your continued use of or access to the Website, the Services or the Content after any amendment of the T&C signifies your agreement to the amended T&C. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the T&C. Services and Content acaps.net.au supplies shopping, interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of acaps.net.au (collectively, the "Services"). In addition, acaps.net.au also provides access to certain photographs, text, images, logos and other media and intellectual property related to or otherwise associated with acaps.net.au, its advertisers and manufacturers. (Collectively, the "Content"). Unless stated otherwise, the Website, the Services and the Content are subject to the T&C. You understand and agree that the Website, the Services and the Content are provided "AS-IS" and that acaps.net.au assumes no warranty or guarantee in connection with your use of the Website, the Services or the Content. Under the T&C, you may download certain Content and Services available on the Website to a single personal computing device for your shopping use. You may not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of acaps.net.au, which permission may be withheld in our sole discretion. Access to Services In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Background Information In order to use the Services, you may be required to register with acaps.net.au by providing certain information about Company/yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about Company/yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or acaps.net.au has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your use of the Web site and refuse any and all current or future use of the Services. Privacy Policy All information collected about you during shopping and checkout and use of the Services will be used in accordance with our Privacy Policy and all applicable laws. You agree to provide correct and accurate information concerning your order in connection with any registration for any Services, subject to all applicable laws. See our Privacy Policy at the bottom of the home page. User Conduct You agree that in connection with your use of the Website, the Services and the Content you will not: a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable; b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; c. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; d. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party; e. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; f. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; g. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services or the Content; or h. intentionally or unintentionally violate any applicable local, state, national or international law. User Messages a. Any form of online communication, through forms or email, is known as "Messages". When any user posts any Message to the Website or any of the Services, acaps.net.au shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason at our discretion sole discretion. It is our policy to fully cooperate with law enforcement authorities and court orders which request us to disclose personal information or the postings of anyone posting Messages to the Website or any of the Services. Although acaps.net.aumay monitor and/or review Messages from time to time, it is under no obligation to do so and we will not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies. b. You acknowledge and agree that acaps.net.au may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property or personal safety of acaps.net.au, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Voting acaps.net.au may offer you the opportunity to vote in connection with certain events or surveys. By casting your vote, you are agreeing to abide by the T&C and any and all voting guidelines posted on the Website. Indemnity You agree to indemnify, defend and hold harmless acaps.net.au, ACAPS and each of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns (collectively, the "acaps.net.au Entities") from and against any claim or demand, including reasonable attorneys' fees, arising out of Messages you post to, submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the T&C or your violation of any rights of another. Modifications to Website, Including the Services acaps.net.aureserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that the acaps.net.au Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services. Termination You agree that acaps.net.au, in its sole discretion, may terminate your account password and/or use of the Website and/or the Services, for any reason, including, without limitation, for lack of use or if acaps.net.au believes that you have violated or acted inconsistently with the letter or spirit of the T&C. acaps.net.au may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this T&C may be effected without prior notice, and acknowledge and agree that acaps.net.au may immediately deactivate or delete your account password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the acaps.net.au Entities shall not be liable to you or any third party for any termination of your access to the Services. Advertisers and Vendors Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the acaps.net.au Entities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the Services shall be at your sole risk. Linking The Website and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because acaps.net.au have no control over such sites and resources, you acknowledge and agree that acaps.net.au Entities are not responsible for the availability of such external sites and/or resources nor endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites and/or resources. You further acknowledge and agree that acaps.net.au Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Proprietary Rights You acknowledge and agree that (i) acaps.net.au, the acaps.net.au logo are registered trademarks of acaps.net.au; (ii) all logos and marks as well as all other proprietary materials depicted on the Website, the Services and the Content are the property of acaps.net.au and their respective manufacturers and may not be reproduced without the prior written consent of acaps.net.au (or its designee); and (iii) the Content, including, without limitation, news articles, press releases, statistics, biographies, photographs, images, illustrations, audio and video clips, is the property of, or is licensed by, acaps.net.au or one or more of the other acaps.net.au Entities. Disclaimer of Warranties you expressly understand and agree that: a. your use of the website, the services and the content is at your sole risk. the website, the services and the content are provided on an "as is" and "as available" basis. the acaps entities expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. b. the acaps entities make no warranty that (i) the website, the services or the content will meet your requirements, (ii) the website, the services or the content will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from your use of the website, the services or the content will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the website, the services or the content will meet your expectations, and (v) any errors in the software operating on the website will be corrected. c. any material downloaded or otherwise obtained through the use of the website or the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from the website or through or from the services or the content shall create any warranty not expressly stated in the t&c. limitation of liability you expressly understand and agree that the acaps entities shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the acaps entities have been advised of the possibility of such damages), in contract, tort or any other cause of action, resulting from: (i) the use or the inability to use the website, the services or the content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website, the services or the content; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements posted by, or the conduct of, any third party on the website, the services or in the content, including, without limitation, the posting or transmission by third parties of defamatory, offensive or illegal material; or (v) any other matter relating to the website, the services or the content. this limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by acaps , its affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records. exclusions and limitations some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 16 and 17 may not apply to you. notice acaps.net.au may provide notices to you via email or postal mail. acaps.net.au may also provide notices of changes to the t&c or other matters by displaying notices or links to notices to you generally on the website or by posting an amended t&c on the website. you may provide notices to acaps.net.au by email at [email protected] or by postal mail at acaps p.o box 1430 green valley nsw 2168. linking to the website no link to the website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. all links to the website must be to http://www.acaps.net.au, the website home page. "deep linking" to internal pages of the website is expressly prohibited. acaps.net.au store you may order products and services online from acaps.net.au (the "store"). by placing an order through the store, you agree to pay all amounts payable for such order, including taxes and shipping and handling expenses. all items ordered from the store are shipped straight from the acaps. any delay and loss of the order before it is shipped is beyond the control of acaps.net.au. general provisions the t&c constitute the entire agreement between you and acaps.net.au and govern your use of the website, the services and access to the content, superseding any prior agreements between you and acaps.net.au. you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. the t&c and the relationship between you and acaps.net.au shall be governed by the laws of the state of nsw without regard to its conflict of law provisions. you and acaps.net.au agree to submit to the personal and exclusive jurisdiction of the courts located within the county of australia. the failure of acaps.net.au or any of the other acaps.net.au entities to exercise or enforce any right or provision of the t&c shall not constitute a waiver of such right or provision. if any provision of the t&c is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the t&c shall remain in full force and effect. you agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or the t&c must be filed within one (1) year after such claim or cause of action arose or be forever barred. the section titles in the t&c are for convenience only and have no legal or contractual effect. there is a 100% product satisfaction guarantee on all acaps items. product can be refunded with a receipt. product can be replaced without a receipt. acaps cannot refund shipping charges.