Terms & Conditions

 

TERMS & CONDITIONS
       

Last updated: December 16, 2014


        
       


  1.            
  2. Introduction: Betterdealsdepot.com.au is owned and operated by Xtra Enterprise.
                    These terms of use constitute an agreement made between the website user
                    and us. You must not access or use this website unless you accept all of these terms of use.
                    By accessing and using this website you confirm your acceptance of these terms of use.



  3.  
  4.            
  5. Changes:
                      We reserve the right to change these terms of use from time to time by publishing the changed terms
                      of use on this website. You agree to review these terms of use periodically to be aware of such
                    changes. Your continuing to access or use of this website following such publication shall
                    be deemed your conclusive acceptance of these terms of use, as revised. We reserve the
                    right to add, modify, or remove this website or any information, feature, specification,
                      or other part of this website (at any time and without notice to you).



  6.  
  7.            
  8. Your privacy:
                      Where we collect your personal information as a result of your accessing and using this website,
                      our 
    privacy policy will apply to that information. Accordingly, these terms of use must be read
                    in conjunction with  our 
    privacy policy.

  9.                 
               
  10. Our intellectual property:
                    The entire contents of this website is protected by copyright and other laws of Australia
                    , and under similar laws and international conventions abroad. You acknowledge and agree that
                    all copyright and other intellectual property rights that may subsist in this website including
                    text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong
                    to us or to our licensors together.
                    We value our intellectual property and will vigorously enforce those rights to the fullest
                    extent permitted by law .



  11.  
  12.            
  13. Limited permission to use:
                    You may view, download, or print portions of this website (and you may otherwise use the
                    permitted functionality of this website) solely for your own personal, non-commercial use provided
                    that
     you agree
                    not to change or delete any copyright or proprietary notices from such portions. You must
                    not otherwise print or reproduce any part of this website for any reason except with our
                    prior written consent in each instance. By making this website available to you, we do not
                    give you any other right, title, interest, or licence in or to any of our intellectual property.

  14.                 
           
  15. Restrictions:
                  You must not access or use this website other than in accordance with these terms of use.
                  In the course of accessing and using this website, you must not:
             

    1.            
    2. copy, distribute, resupply,
                      republish, upload, post, transmit, sell, prepare of derivative works from, or otherwise
                      deal with our intellectual property except as expressly permitted under these terms of
                    use or otherwise with our prior written consent in each instance;

    3.            
    4. disrupt or interfere
                  with this website, or any other software, hardware or network associated with this website;



    5.  
    6.            
    7. use
                      simultaneous, unattended, or continuous connections to this website or otherwise use
                    this website in a manner that adversely affects the availability of its resources to other
                    users;

    8.            
    9. send unsolicited electronic messages or to otherwise harass, threaten, abuse, embarrass,
                    or cause distress, unwanted attention, or harm to any person;

    10.            
    11. transmit any files or material
                      of any kind which contain a virus, corrupted data, or other malicious code (whether via
                    this website or in any email that you send to us);

    12.            
    13. gain, or attempt to gain, unauthorised
                    access to any part of this website (including any other user's account), any other
                    computer system, or any email or other private message not intended for you;

    14.            
    15. infringe, or
                    attempt to infringe, the intellectual property rights of any person; or

    16.            
    17. violate any laws,
                      rules, or regulations applying to or relating to your access to or use of this website.



    18.  
    19.          

           

  16.        
  17. Your account: In order to be able to access certain information and functionality
            offered on this website, you must create an account. To create your account, you must complete
            your account details in the manner described on this website (including selecting a username
            and password which we will use to verify your identity when you use this website). You must ensure
            that your account details are complete and accurate when submitted to us, and you must keep your
            account details up-to-date.

  18.        
  19. Your username and password:
              Your username and password are personal to you and you must at all times maintain the confidentiality
              of your username and password and not disclose them to any third party. You agree that you
                are solely responsible for any use of this website by any person using your username and
                password and you agree to indemnify us against any and all claims arising out of your failure
                to maintain the confidentiality of your username or password. We will not be liable for
                any loss that you may incur as a result of someone else using your password or account (whether
                with or without your knowledge). You agree to notify us immediately of any unauthorised use
            of your account or any other breach of security.

  20.        
  21. User content:
                This website may enable you to create, modify, transmit, upload, or submit images and other
                materials and information. By creating, modifying, transmitting, uploading, or submitting any
            user content, you:
         



       
    1.          
    2. grant us a non-exclusive,
                    royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to (i) use, copy,
                  modify, distribute, transmit, broadcast, create derivative works of, publicly display and
                  publicly perform your user content (by all means and in any media now known or hereafter
                  developed); (ii) license, sell, rent, lease, or lend copies of your user content (and derivative
                  works thereof); (iii) sublicense to third parties any or all of the aforementioned rights
                  (including the right to sublicense to further third parties); (iv) use and publish your name
                  and alias in connection with your user content as well as in connection with all advertising,
                  marketing and promotional material that we may publish in relation to your user content;
                  and (v) make your user content available to other users of this website for their personal
                  use (and you permit those users to use, modify, copy, distribute, transmit, display, perform,
                  reproduce, publish, and create derivative works of your user content in accordance with the
                  permitted functionality of this website and otherwise as permitted by us); and

    3.          
    4. acknowledge
                    and agree that no royalties or other compensation will be paid or payable to you for your
                user content, or for the granting of the rights described above.

    5.          

           

  22.        
  23. Your warranties: Your must not create, modify, transmit, upload, or submit
              any user content that does not comply with all of the warranties and representations described
              below. You warrant and represent that:
        

    1.            
    2. you own or otherwise have all rights necessary for you
                      to create, modify, transmit, upload, or submit your user content and grant the rights
                    described in clause 10;



    3.  
    4.            
    5. where copyright (or any other intellectual property right) in any
                      part of your user content does not belong to you, the owner of that part has granted
                    you permission to use that part in accordance with the permitted functionality of this
                    website and to license that part in accordance with clause 10;

    6.            
    7. your user content does not
                      contain any viruses, worms, spyware, or other components or instructions that are malicious,
                    deceptive, or designed to limit or harm the functionality of a computer;

    8.            
    9. your user content
                      does not contain or comprise material that is unlawful, objectionable, defamatory, threatening,
                      pornographic, harassing, hateful, racially or ethnically offensive; encourages conduct
                      that would be considered a criminal offence, give rise to civil liability, violate any
                      law; contains any falsehoods or misrepresentations that could damage us or any third
                    party; or is otherwise inappropriate; and

    10.            
    11. each person depicted in your user content (if
                      any) has provided consent to the use of your user content as permitted through the functionality
                      of this website and the licensing of your user content in accordance with clause 10 (including,
                      without limitation, the copying, distribution, public display of your user content).

    12.          

           



  24.  
  25.        
  26. Monitoring and termination: We have no obligation to you to monitor this
            website or any user content. However, we reserve the right to review any user content and to
            remove any user content if we receive a complaint about that user content, or otherwise in our
            sole discretion. We may at any time edit, refuse to display, or remove any part of this website
            (including your user content) as we deem necessary to satisfy any applicable law, regulation,
            legal process or governmental request. We may (at any time and without notice to you) suspend
            or terminate your account if you breach any of these terms of use, or otherwise for any reason
            whatsoever.



  27.  
  28.        
  29. Indemnity: You will indemnify us, our officers
              and employees from and against all claims, demands, damages, losses, costs, and expenses arising
                from:
             

    1.            
    2. your access to, use of, or reliance upon any part of this website;

    3.            
    4. any breach of these
                      terms of use by you or by any person who uses your account (regardless of whether that
                    person has your authorisation); and

    5.            
    6. your negligent or wilful acts or omissions in accessing
                  or using this website.



    7.  
    8.          

           



  30.  
  31.        
  32. Availability: Your use of this website and any associated
                  services may sometimes be subject to interruption or delay. Due to the nature of the Internet
                  and electronic communications, we and our service providers do not make any warranty that
              this website or any associated services will be error free, without interruption or delay,
              or free from defects in design. We will not be liable for any damages or refunds should this
              website become interrupted or delayed for any reason.

  33.        
  34. Errors:
                While we endeavour to ensure that the content of this website is free from errors, we do
                not give any warranty or other assurance as to the content of material appearing on this
              website, its accuracy, completeness, timeliness or fitness for any particular purpose.

  35.        
  36. Outbound  hyperlinks: This website may contain hyperlinks
                to third party websites. Outbound hyperlinks
                are provided for your convenience only and may not remain current or be maintained. We make
                no endorsement of, and accept no responsibility for, any content accessible through any outbound
                hyperlink. You are responsible for complying with any terms and conditions imposed by third
              party websites.



  37.  
  38.        
  39. Inbound hyperlinks: You agree
                  that you will not publish or distribute any hyperlinks to this website    
                without our prior written permission in each instance. If you do create an inbound hyperlink,
                you will be responsible for all losses (whether direct or indirect) that we may suffer as
                  a result of that hyperlink. Publishing or distributing inbound hyperlinks is done at your
              own risk.



  40.  
  41.        
  42. Malicious code: Although we endeavour
                    to prevent the introduction of viruses or other malicious code 
                to this website, we do not guarantee or warrant that this website, or any data available
                    from it, does not contain malicious code. We will not be liable for any damages or harm
                    attributable to malicious code. You are responsible for ensuring that the process that
                    you employ for accessing this website does not expose your computer system to the risk
            of interference or damage from malicious code.

  43.        
  44. Security:
                    Although we endeavour to protect
            the security of your personal information y ou acknowledge that there is a risk of unauthorised
            access to (or alteration of) your transmissions or data or of the information contained on your
            computer system or on this website. We do not accept responsibility or liability of any nature
            for any losses that you may sustain as a result of such unauthorised access or alteration. All
            information transmitted to you or from you is transmitted at your risk, and you assume total
            responsibility and risk for your use of this website and the internet. We do not accept responsibility
            for any interference or damage to your own computer system which arises in connection with your
            accessing of this website or any outbound hyperlink.



  45.  
  46.       
           
  47. Third
                  party trade marks
    : All third party trade marks appearing on this
              website are the property of their respective owners, and are used on this website merely to
                  refer to the trade mark proprietor or its products. The use of any third party trade marks
                  on this website is not intended to imply any connection between us or our products and
                  services and the trade mark proprietor or any of its products or services, nor any endorsement
            of our products or services by the trade mark proprietor.



  48.  
  49.        
  50. Third party products and services: You acknowledge and agree that, except
              for information, products or services clearly identified as being supplied by us, we do not
                    operate, control or endorse any third party, information, products or services on the
                    Internet in any way. Except for information, products or services clearly identified
                    as being supplied by us, all information, products and services offered through this
                    website (or on the Internet generally) are offered by third parties that are not affiliated
            with us.

  51.        
  52. Feedback and unsolicited ideas:  If you give us feedback
                    about this website or our products or services, you grant us the right to use that feedback
                    for the purpose of improving our website, products or services (and for any other purpose
                    we deem necessary or desirable) without being obliged to pay you any compensation in
                    respect of our use of that feedback. We (and our employees) do not accept or consider
                    unsolicited ideas, including artwork, demos, samples, and other ideas for new promotions,
                    products, product names, processes, technologies, or materials (“unsolicited
                    ideas
    ”). You must not send unsolicited
            ideas to us. If you do send us unsolicited ideas:
                    



       
    1.                  
    2. we do not warrant or represent that those unsolicited
                            ideas will be treated as confidential or proprietary;

    3.                  
    4. such unsolicited ideas will be treated and licensed as if they were “user
                          content” in
                accordance with these terms of use.



    5.  
    6.                

           

  53.        
  54. Disclaimer of warranties: To the maximum extent permitted by law, we provide this website
                  and related information and services on an “as is” basis without any warranties,
                  representations, or guarantees of any kind (whether, express, implied, statutory or otherwise)
                  including, but not limited to, warranties of non-infringement, merchantability, or fitness
                  for a particular purpose.



  55.  
  56.        
           
  57. Limitation  of liability: To
            the maximum extent permitted by law, we will not be liable (in contract, tort, or otherwise)
            for any loss of profits, loss of data, or for any indirect, incidental, consequential, or economic
            damages or losses (howsoever caused), which you may directly or indirectly suffer in connection
            with (i) your use of, or inability to use, this website, or any material appearing on this website;
            or (ii) any action or decision taken as a result of using this website, or any material appearing
            on this website – even if we have been advised of the possibility of such damages. In no
            event shall our total liability to you (in contract, tort, or under any other cause of action)
            for all damages, losses, costs and expenses suffered by you exceed the amount paid by you (if
            any) for accessing this website.



  58.  
  59.        
           
  60. Governing law: These
                terms of use shall be governed by the laws of [country] and the courts of Australia
                shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation
                to these terms of use. Except as otherwise described, all materials on this website are made
                available only to provide information about us, this website, and the products which may
                be ordered from this website. This website has been prepared in accordance with Australia
                law, and may not satisfy the laws of any other country. We make no representations or warranties
                as to whether or not the information or products available from this website are appropriate
                or available for use in other countries. If you choose to access this website from outside
              Australia  you are responsible for compliance with applicable local law.

  61.         
           
  62. General:
                  If any provision of these terms of use is held to be invalid or unenforceable for any reason,
                  the remaining provisions shall, to the maximum extent possible, remain in full force and
                  effect. Any cause of action or claim
                you may have against us or otherwise with respect to this website must be commenced within
                one (1) year after the claim or cause of action arises otherwise such claim or cause of action
                shall be barred. Our failure to insist upon or enforce strict performance of any provision
                of these terms of use shall not be construed as a waiver of any such provision or right.
                  Neither the course of conduct between the parties nor trade practice shall act to modify
                  any provision of these terms of use. We may assign our rights and obligations under these
                  terms of use to any party at any time without notice to you.