to the dvdorchard® website and/or such other websites (collectively,
the "Site") owned and operated by dvdorchard or Richard
Foate or operated under the banner of The Orchard Group, including,
without limitation www.dvdorchard.com.au, www.designorchard.com.au,
and www.orchardgroup.com.au. The following terms and conditions
and other information provided by dvdorchard governs your
relationship with dvdorchard, including the Sites. By visiting
this site, placing an order or creating an account YOU ACCEPT AND
AGREE TO THESE TERMS AND CONDITIONS. These Terms and Conditions
may be changed in the future without notice to you, so please continue
to review these Terms and Conditions as often as you believe necessary.
AND OTHER INTELLECTUAL PROPERTY RIGHTS
TO OTHER WEBSITES AND SERVICES
OUTSIDE OF AUSTRALIA
you create an account with dvdorchard you represent and warrant
to us that (i) the information you provide to us is true, complete
and correct, and that you will maintain and update that information
as circumstances require; (ii) that you are at least 18 years old
or older; (iii) you have the right to purchase and use the products
you have selected; and (iv) you are using your actual identity.
You understand that you are responsible for maintaining the confidentiality
of your account and password. You will notify dvdorchard
immediately if you believe your password has been compromised by
you provide any information to dvdorchard (including in the
form of customer reviews), you are responsible for such information
and are responsible for the consequences of any information you
provide. Such information shall not: (i) be false, misleading or
fraudulent; (ii) infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy; (iii) violate any law, statute, ordinance or regulation;
(iv) be defamatory, libelous, unlawfully threatening or unlawfully
harassing; (v) be obscene or contain a sexually explicit image;
(vi) contain any "spam" or any viruses, worms, or other
computer programming routines that are intended to damage, interfere
with, intercept or expropriate any software, hardware, system, data
or personal information; (vii) create liability for us or cause
us to lose the services of any of our service providers or other
suppliers; or (viii) link directly or indirectly to or include descriptions
of goods or services that are prohibited hereunder or that you do
not have a right to link to or include. You understand that dvdorchard
reserves the right in its sole discretion to edit, restrict or remove
any information you provide for any reason at any time.
understand that we do not pre-screen or control the information
provided by other users that is made available through our Site.
dvdorchard does not guarantee the accuracy or quality of
such information or of the Content (as defined below), nor shall
dvdorchard be in any way liable for such information or Content.
You may find other user's information or the Content to be offensive,
indecent, harmful, inaccurate, or deceptive. You agree that you
will independently evaluate and bear all risks associated with such
information and Content. Please use caution when using our Site,
and be aware that there is the risk of dealing with underage persons
or persons acting under false pretense.
AND OTHER INTELLECTUAL PROPERTY RIGHTS
content included on this Site and the products or services provided
or sold by dvdorchard ("Content"), including the
text, graphics, logos, icons, images, audio and video clips and
software is the property of dvdorchard and/or its content
suppliers, and is subject to the copyright or other intellectual
property rights of dvdorchard and to the terms of licenses
held by dvdorchard. This Content is protected by Australian
and international copyright and other laws and does not constitute
material in the public domain. The manner in which the Content is
collected, arranged and assembled (compiled) on this Site is the
exclusive property of dvdorchard and is protected by Australian
and international copyright and other laws. Any unauthorized reproduction,
modification, distribution, transmission, republication, display
or performance of the Content is strictly prohibited. By submitting
any information or other material to us, you automatically grant
dvdorchard a perpetual, worldwide, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, create derivative works, and distribute such materials
or portions of such materials in any form or medium now known or
later developed. dvdorchard does not grant any right to you
in any of the Content.
values the intellectual property rights owned by it and others.
We therefore reserve the right, in our sole discretion, to remove
any material that infringes or appears to infringe on intellectual
property rights owned by dvdorchard or others. We may immediately
terminate your use of, or access to, the Site if we believe that
you have violated these Terms and Conditions, any relevant law,
rule or regulation or you have infringed or appear to have infringed
the intellectual property rights of dvdorchard or others.
you believe that any material contained in the Site infringes your
intellectual property, please notify us of the alleged copyright
infringement claim in the following manner:
us a written description which includes the following information:
(i) physical or electronic signature of the owner or authorized
agent of the owner of the allegedly infringed work; (ii) identification
of the allegedly infringed work and of the material that is claimed
to be infringing; (iii) contact information of the notifying party;
and (iv) a statement that the notifying party has a good faith belief
that the use of the material in the manner complained of is not
authorized by the owner of the allegedly infringed work, its agent
or the law. Your written description should be sent to:
Att: Customer Service
PO Box 1749
Neutral Bay NSW 2089
grants you a limited license to access and make personal use of
the Site, but not to download or modify it. You may not frame any
portion of the Site or utilize any type of meta tag or other type
of hidden text in connection with the Site without our express permission.
The Site or any portion thereof may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial
purpose that is not expressly permitted by dvdorchard. Prohibited
commercial use includes collection or use of product listings or
prices, derivative use of Content, or any use of any type of data
mining tools. We reserve the right to refuse service, terminate
relationships, and/or cancel orders in our sole discretion, including,
without limitation, if we believe that a user's conduct violates
applicable law or is harmful to the interests of dvdorchard.
If we terminate your account, you shall remain liable for any orders
placed through such account prior to such termination. We may suspend
or discontinue any aspect of the Site at any time without prior
welcome any feedback you may have about dvdorchard, however,
any feedback or other materials submitted by you to dvdorchard including
customer reviews ("Submissions") is disclosed to us without
any obligation of confidentiality on the part of dvdorchard.
By sending us your Submission, you agree that we shall be entitled
to unrestricted use of the Submission for any purpose, and we shall
exclusively own, and you hereby assign to us without compensation
or further obligation, all rights known or unknown with respect
to such Submission.
TO OTHER WEBSITES AND SERVICES
is not responsible for, and makes no claims with respect to, the
quality, reliability, availability, content or accuracy of any other
websites or pages linked via this Site, including advertisements
or to any products or services available thereon. To the extent
that portions of this Site contain links to other websites and outside
products, services and resources, all relationships are between
users and outside providers and do not involve dvdorchard.
Any concerns about such products, services or resources should be
directed to the particular outside provider. dvdorchard does
not endorse any such outside providers. When leaving this Site,
please be aware that our Terms and Conditions and other policies
no longer govern.
privacy is important to us. Please see our Privacy
Policy for more information.
we make every effort to insure that products are in stock when so
indicated and that information and prices concerning products and
services listed on the Site are accurate, THE PRICES AND AVAILABILITY
OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
If a product or service has been listed at an incorrect price, we
reserve the right to refuse or cancel your order for that product
or service even if your order has been confirmed. Your receipt of
a confirmation of an order from us does not signify our acceptance
of that order, and we may cancel such order or supply less than
the quantity you ordered. Certain products or services listed for
sale may not be available to users located in certain areas, and
dvdorchard may reject your order for this or any other reason.
you have any questions or require more detailed specifications concerning
a product or its use, you should contact the product's manufacturer.
majority of products sold by dvdorchard are able to be shipped
outside of Australia for personal use only. This is not the case
however for any DVDs distributed by Paramount. To save disappointment
please check the Distributor field on our Product Detail page prior
to ordering such products.
UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. dvdorchard MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER
HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE
ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE
MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT WE HAVE NO
LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, dvdorchard DISCLAIMS ALL WARRANTIES, dvdorchard
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. dvdorchard,
ITS' OFFICERS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ITS
CONTENT, PRODUCTS OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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 MAY NOT APPLY
TO YOU. IN SUCH CASE YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU
SHALL BE LIMITED TO THE AMOUNT WE RECEIVED FROM YOU WITH RESPECT
TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEM YOU MAY HAVE WITH RESPECT
TO THIS SITE OR ITS' CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE.
agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim,
demand or expense, (including legal fees), made by any third party
due to or arising out of your breach of these Terms and Conditions,
your use of the Site, its Content, any products you may have purchased,
or the materials the Site incorporates by reference, or your violation
of any law, regulation, order or other legal mandate, or the rights
of any third party.
shall not be liable for any loss or damage suffered by you, including
consequential loss or damage, economic loss, loss of profits, revenue,
goodwill, bargain, anticipate savings or date suffered by you whether
caused by dvdorchards breach of contract, negligence, breach
of statute or wilful default, save as provided below, howsoever
any condition or warranty is implied under the Trade Practices Act
1974 or any equivalent state or territory legislation, and cannot
be excluded, dvdorchards liability for breach of the condition
or warranty will be limited to one or more of the following as determined
by dvdorchard, in dvdorchards absolute discretion.
the case of goods, any one or more of the following:
of the goods or the supply of equivalent goods;
of the costs of replacing the goods or of acquiring equivalent goods;
of the cost of having the goods repaired; and
the case of services:
of the services again; or
of the cost of having the services supplied again.
any event, dvdorchards aggregate liability under or relating
to this agreement, whether in contract, tort, equity or pursuant
to statute is limited to an amount equal to (including refunds and
the value of replacement goods or services given to you) the amount
paid by you to dvdorchard for the applicable goods or services
the subject of this claim.
shall not be liable for any loss or damage suffered by you as a
the frustration of this agreement by matters beyond the control
any delay by dvdorchard in completing the works;
the exercise by dvdorchard of any of its rights pursuant
to these terms and conditions.
shall not be entitled to recover any compensation or damages for
loss or damage suffered, save as provided pursuant to the terms
of this clause, even if such loss or damage was foreseen, foreseeable
or advised to dvdorchard by you.
controversy or claim arising out of or relating to these Terms and
Conditions, or our products or services shall be settled by binding
arbitration in accordance with the laws of the State of Queensland,
Australia and the customer submits to the non-exclusive jurisdiction
of such courts. The arbitration shall be conducted in Brisbane,
Queensland, Australia and you consent to the personal jurisdiction
of said arbitration panel. Any judgment on the arbitration award
may be entered into any court having jurisdiction thereof.
the event that you have a dispute with one or more users, you release
dvdorchard (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes.
the event of a dispute arising between dvdorchard and you,
either party may request in writing that the dispute be referred
to arbitration in accordance with the Commercial Arbitration Act
arbitrator is to be appointed by agreement, or in default of agreement
in accordance with the provisions of the Commercial Arbitration
arbitrator shall decide who should pay the costs of the arbitration,
including the arbitrator's costs.
shall be responsible for payment of any applicable Taxes in relation
to the supply of goods and services under this agreement on the
dvdorchard shall supply to the client a tax invoice in accordance
with the Act unless specifically requested not to do so;
any GST payable by the client under this agreement is calculated
by multiplying the prevailing GST rate by the price payable by the
client for the relevant supply, as calculated by reference to clause
following terms shall bear the following meanings:
means a New Tax System (Goods and Services Tax) Act 1999 and a New
Tax System (Goods and Services Tax) Transition Act 1999 and any
related or replacement tax impositions.
means any tax imposed by or through the Act on supply (without regard
to any input tax credit);
means a taxable supply under the Act;
means all taxes, charges, duties and similar imposed by a government
or statutory body relating to the supply and use of goods and services
or otherwise arising out of this agreement including without limitation
sales tax, GST, fringe benefits tax, undistributed profits tax,
withholding tax, financial institutions duty, stamp duty and any
interest or penalty imposed in connection with any of the preceding
items but does not include any tax payable on dvdorchards
income or capital gains.
notices in connection with these Terms and Conditions should be
sent in writing to dvdorchard at:
Att: Customer Service
PO Box 1749
Neutral Bay NSW 2089
Terms and Conditions and any other policies or guidelines on the
Site are incorporated herein by reference constitute the sole agreement
between us with respect to the subject matter hereof. This Site
is created and controlled by dvdorchard in Brisbane, Australia.
The laws of Australia will govern these Terms and Conditions, without
giving effect to its conflicts of laws principles. If any provision
hereof is held to be invalid or unenforceable, the other provisions
hereof shall be enforced. Headings are for reference purposes only
and in no way define or limit the scope of a section. Any failure
by dvdorchard to act with respect to a breach by you will
not waive our right to act with respect to subsequent or similar
breaches. These Terms and Conditions shall be binding on and inure
to the benefit of each of our respective successors and permitted
assigns. We may make changes to these Terms and Conditions, our
Site and/or any of the information contained therein at any time.