Terms and Conditions - dvdorchard - Region 2/4 PAL DVDs Online
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Welcome 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.

 

INFORMATION

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

COPYRIGHT POLICY

USE OF SITE

SUBMISSIONS BY YOU

LINKS TO OTHER WEBSITES AND SERVICES

PRIVACY

PRODUCTS

SHIPPING OUTSIDE OF AUSTRALIA

DISCLAIMERS/LIMITATIONS OF LIABILITY

INDEMNITY

GOVERNING LAW

DISPUTES

GST/TAXES

NOTICES

GENERAL

 

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INFORMATION

When 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 others.

If 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.

You 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.

 

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COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS

All 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.

 

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COPYRIGHT POLICY

dvdorchard 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.

If 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:

Send 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:

dvdorchard
Att: Customer Service
PO Box 1749
Neutral Bay NSW 2089
Australia

 

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USE OF SITE

dvdorchard 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 notice.

 

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SUBMISSIONS BY YOU

We 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.

 

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LINKS TO OTHER WEBSITES AND SERVICES

dvdorchard 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.

 

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PRIVACY

Your privacy is important to us. Please see our Privacy Policy for more information.

 

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PRODUCTS

Although 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.

If you have any questions or require more detailed specifications concerning a product or its use, you should contact the product's manufacturer.

 

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SHIPPING OUTSIDE AUSTRALIA

The 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.

 

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DISCLAIMERS/LIMITATIONS OF LIABILITY

YOU 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.

YOU 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.

 

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INDEMNITY

You 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.

dvdorchard 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 caused.

If 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.

in the case of goods, any one or more of the following:
replacement of the goods or the supply of equivalent goods;
repair of the goods;
payment of the costs of replacing the goods or of acquiring equivalent goods; or
payment of the cost of having the goods repaired; and

in the case of services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.

In 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.

dvdorchard shall not be liable for any loss or damage suffered by you as a consequence of:

the frustration of this agreement by matters beyond the control of dvdorchard;

any delay by dvdorchard in completing the works;

the exercise by dvdorchard of any of its rights pursuant to these terms and conditions.

You 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.


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GOVERNING LAW

Any 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.

 

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DISPUTES

In 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.

In 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 1990.

An arbitrator is to be appointed by agreement, or in default of agreement in accordance with the provisions of the Commercial Arbitration Act.

The arbitrator shall decide who should pay the costs of the arbitration, including the arbitrator's costs.

 

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GST/TAXES

You shall be responsible for payment of any applicable Taxes in relation to the supply of goods and services under this agreement on the following terms:

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 1 hereof.

The following terms shall bear the following meanings:

"Act" 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.

"GST" means any tax imposed by or through the Act on supply (without regard to any input tax credit);

"Supply" means a taxable supply under the Act;

"Taxes" 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.

 

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NOTICES

All notices in connection with these Terms and Conditions should be sent in writing to dvdorchard at:

dvdorchard
Att: Customer Service
PO Box 1749
Neutral Bay NSW 2089
Australia

 

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GENERAL

These 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.

 

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