- About these rules
These rules apply to everyone who uses the WebFlicks DVD service – ‘members’.
They are a contract between you, the member, and us, WebFlicks.
- About WebFlicks
WebFlicks is a web-based Australian business that:
- Rents DVDs – ‘rental DVDs’ – to registered users of the service – ‘members’.
- Sells selected ‘ex-rental DVDs’.
- Sells selected ‘new DVDs’.
- About WebFlicks rentals
Here’s how our rental service works
- You give us a list of selections from our online DVD catalogue.
- When one or more of them is available for rental, we send it / them to you, up to an agreed limit at one time.
- When you have returned a DVD to us, we will send you another one from your selections, subject to availability.
- So, by keeping your list of selections big enough, you increase the chances that we’ll have one of them immediately available.
- But we can’t guarantee availability of particular DVDs at particular times. It’s always subject to demand and availability.
- When these terms talk about ‘selecting’ a DVD, it means ‘adding it to your selections’. It doesn’t imply that the particular DVD will be available for sure.
- Changing these terms
The official and current version of these terms is the one published on our web site at any time.
We can change these terms, including plan prices, at any time but:
- Changes are not retrospective in effect.
- If a change is detrimental to you, we will give 7 days’ prior notice of it on our web site.
- Membership qualifications
To be, or remain, a member:
- You must be 18 years old or more.
- You must give us standing recourse to a payment method that we accept. Until further notice, that means a current, valid credit card in your name.
- You must be a resident of Australia.
- You must have access to Australia Post postal delivery services that are convenient to you.
You promise us that these things are all true when you join, and will remain true while you are a member.
- Information that you give us
Personal information that you give us is subject to our Privacy Policy.
You promise us that:
- All information you give us is true and accurate.
- If any information on the ‘Your Account’ page becomes out of date or inaccurate, you will update it promptly.
- Your current email address
Any email sent to the email address in your ‘Your Account’ page is deemed to be received by you 24 hours later, even if it ‘bounces’.
You must check that email account regularly for email from us.
- Suspending or terminating your membership
If:
- You do not satisfy the membership qualifications at any time.
- Any information you have given us was false when you gave it.
- Any information on the ‘Your Account’ page is or becomes false or incomplete.
- Your email account ceases to work, or email to you ‘bounces’.
- We telephone your contact number and are advised it is a ‘stale’ or wrong number.
- Mail to your stated residential address is returned to us.
- You abuse our staff personally or by email or telephone.
- You breach these rules in a serious way.
- You breach these rules on more than one occasion.
- A credit card (or other payment method we accept) transaction on your account is declined.
- A credit card transaction (or other payment method we accept) on your account is reversed without our prior agreement.
- Two or more DVDs are returned from you in unsatisfactory condition, you then receive notice to take better care, and a third DVD is returned in unsatisfactory condition –
we may at our discretion:
- Suspend your membership for up to 45 days (but fees continue to apply), and or
- Terminate your membership.
- Plans
We offer a number of ‘plans’. Each plan consists of:
- Its plan period (e.g. monthly, quarterly, annual).
- A periodic fee (e.g. a certain amount monthly, quarterly or annually).
- A cap on the number of rental DVDs you may have out on rental at one time.
- (Except for ‘unlimited swap’ plans) a cap on the number of rental DVDs you may rent in a specified period.
- Any special terms stated in the plan.
- These rules.
Except for annual plans, your membership auto-renews from plan period to plan period, unless cancelled under these rules.
Rule 10 explains annual plans.
While your periodic fees are up to date, you may swap rental DVDs in and out, but you may never have more than the capped number out on rental at any one time or (except for ‘unlimited swap’ plans) receive more than the capped number of rentals in the specified period.
A DVD is ‘out on rental’ from the time we post it out to you until the time we actually receive it back from you. Your ‘plan period’ is a recurring month, quarter, year (or as applicable) commencing from the date your membership started (or an adjusted date under rule 12).
- Annual Plans
Annual plans run for a year, at the pricing that applied when you joined.
Instead of then renewing for a further year, they automatically convert to a monthly plan on the current pricing.
But you can keep the benefit of our annual pricing by renewing online for another year, during the final month of your current year. Then current annual pricing applies.
- Holiday, etc suspensions
We allow you to voluntarily suspend your account e.g. during holidays away from home – but only as this rule permits.
A holiday suspension starts when (and only if):
- You have applied for it on our website, and
- We have received back all rental DVDs you currently have on rental, and
- You have paid us any money you owe us to date.
You must nominate the period of suspension when applying. Our website may limit the period/s allowed. A suspension may not be less than a week or more than 90 days.
You may not suspend more than an aggregate of 90 days in a calendar year. A current suspension cannot be extended.
No fees are payable in respect of a period during a suspension. If you are an annual member, your plan period (i.e. annual) is extended by a period equal to the suspension period.
At the end of the suspension period, your account automatically becomes active again and we may resume normal charging.
- Charges and your credit card (or other payment method we accept)
We may charge your credit card (or other payment method we accept) with any money you owe us.
All charges we advertise are GST-inclusive unless stated otherwise.
We may charge your first periodic fee as soon as you become a member.
We may charge the fee for each subsequent plan period up to 7 days before the current plan period ends (e.g. for monthly plans, we can charge the next month’s fees during the last week of the current month.)
At any time, we may adjust your plan period for accounting purposes to start on a certain day of the month and pro rate charges to facilitate the adjustment. (That may result in a one-off period of up to 30 days longer than normal.)
We may disclose your credit card (or other payment method we accept) details to, and obtain information from, any financial institution or credit card issuer to verify the card details.
We may verify that there is sufficient credit on your card account (or other payment method we accept) to pay your estimated fees.
Even if your membership ends, we may debit any monies you owe us against your credit card (or other payment method we accept).
We may report payment or credit card defaults or dishonours to a credit reporting agency as permitted by law.
We may list defaulting accounts including the details you have provided with a Debt Recovery and Collection Agency.
- No refunds
Except where these rules expressly provide for a refund or credit, or the law requires it, we are never obliged to give a refund or credit in any circumstances.
- Membership password
If we issue you with any password or other security device in respect of your log in rights or account with us:
- You must keep it safe, secure and out of the hands of any unauthorised person.
- If you become aware that it is known to any unauthorised person, you must change it without delay.
- We are entitled to assume that anyone who holds it is you, or is acting as your authorised agent, and you are bound accordingly.
We do not authorise you to permit another person to use your account. If you nonetheless do so, you are liable for everything that person does, and all charges they incur.
- Membership not transferable
You may not transfer your membership to, or share it with, anyone else.
We may transfer our interest in our contract with you by giving emailed notice to the current address in ‘Your Details’.
- Cancelling your membership
You may give notice to cancel your membership by calling and speaking to our Customer Service team on 1300 005 005 (Monday to Friday 10 am-5pm AEST, excluding public holidays). We do not accept cancellation requests via email. We must receive all outstanding DVDs within 7 calendar days of cancellation.
Your membership then ends:
- If your next plan period’s fees have already been paid – at the end of the next plan period.
- Otherwise – at the end of the current plan period.
If you have given notice to cancel your membership, any undespatched rental orders will be cancelled and you may not order any more rental DVDs.
There are no refunds of periodic charges for late cancellations or partial month subscriptions.
Late return fees and DVD replacement charges may apply after your membership ends.
We cannot finalise your account until any outstanding fees, including outstanding membership fees, late return fees, 45 day penalty fees and DVD replacement charges have been paid by you.
- Your Selections
You select DVDs by placing them on the ‘Your Selections’ list.
The availability of DVDs changes daily as we get new stock and DVDs are sent out and returned so we cannot guarantee to send any particular DVD or send DVDs in any particular order.
We recommend that you keep at least 20 different movies on “Your Selections” list at all times. If it is too short or limited, none of your selections may be available, and you will not receive a DVD.
- Selecting rental DVDs
Our rental DVD catalogue and selection system are on our web site.
You can only select DVDs from us through the web site selection system.
We try to keep our catalogue accurate, but factors beyond our control such as late supplier shipments, late member returns, unreturned DVDs, DVDs lost in post, damage to stock and so on may make it inaccurate with little or no notice to us. So we do not promise that our catalogue is accurate at all times.
We may indicate or estimate an expected release date for a DVD, based on information available to us. It may change or be inaccurate due to studio delays, supplier delays and other factors. We do not promise that expected release dates will be met.
We have finite stocks of DVDs, and they may run out in case of high demand for a DVD title. We always endeavour to maintain sufficient copies of titles listed, but on occasion we may not be able to source certain titles and so we will remove these from our catalogue and Your Selections. If we do not have sufficient demand for a particular title at a particular time we may withdraw the title from our Catalogue and remove the title from Your Selections. We do not promise stocks will be available at all times, or within a particular time.
For all the above reasons, we are not liable to you if it turns out that a catalogue DVD is not, or becomes, unavailable.
- DVD compatibility
Our DVDs are ‘Zone 4’ or ‘non-zoned’, unless otherwise stated in our catalogue.
We are not responsible if your DVD player is not zone-compatible.
Some DVD players, especially older models, have compatibility issues with some DVDs. We are not responsible for any DVD that is incompatible with your player.
Because you can swap DVDs without incurring extra charges, we do not provide any refund or credit for DVDs that prove incompatible. It is in your interests to return any such disk promptly, so you can obtain another.
- Damaged on delivery DVDs
If you:
- Report to us within 3 days of receiving a rental DVD that it was damaged on receipt, and unplayable in your DVD player and
- Return the DVD to us within 7 days of receiving it, we will send you a free replacement copy if available.
You report this by ticking the Damaged box under the “Current Rentals” Section of Your Account and indicating whether you wish a free replacement copy sent
If you do not report a rental DVD as damaged in accordance with this rule, it is taken to have been delivered in good and playable condition.
We reserve the right to charge your credit card for the replacement value of any item plus a $7 administration fee that is damaged by you or lost.
- Responding to your order
We normally process dispatch DVDs during office hours on business days.
We try to process a request within 1 business day, but we are not responsible for any delay.
We will send you a confirmation email when we dispatch a DVD to you.
By maintaining at least 20 different movies on your ‘Your Selections’ list, you increase the chance that we will have available a DVD you want at any time, and maximizing the use you can make of our service.
- Delivering DVDs to you
We normally post DVDs to you by Australia Post, but we may choose to deliver by other means.
We pay the postage.
We are not responsible for:
- Australia Post’s delivery times.
- Delay in posting or delivery.
- Mis-delivery or non-delivery.
- Your obligations re rental DVDs
From the time a rental DVD is delivered to your postal address until you have delivered it to Australia Post:
- You must take very good care of it.
- You must ensure that it is not marked or damaged, and that no labeling or text on it is defaced, obscured, altered or removed.
- You must ensure that it is not copied, in any form, in whole or part.
- You must ensure that it is not viewed by any person who should not see it (e.g. a minor, in the case of a DVD rated ‘R’).
- You must use it for personal use only, and only in your household.
- You must ensure that licensor conditions are not breached.
- You must not allow it to be used for any commercial or profit-making purpose.
All your obligations regarding a DVD under these rules extend to its packaging and labeling as well.
- Licensor conditions
Almost all DVDs are subject to copyright, and to conditions of use imposed by the copyright owner or licensor.
Typically, these conditions:
- Are printed on the DVD and / or display on-screen when it is played.
- Prohibit public performances, copying, and other uses of the DVD.
You acknowledge that licensor conditions are a standard feature of DVDs, and accept each DVD we supply subject to all licensor conditions.
- Copyright infringement indemnity
You acknowledge that copying of DVDs in whole or part in breach or copyright is a criminal offence and is liable to substantial civil damages.
You acknowledge that the following indemnity is fair and reasonable in relation to such breach of copyright.
If a rental DVD is, or is alleged to have been, involved in, the subject of, used for a breach of copyright or other intellectual property rights of any person while on rental to you or on your account, you indemnify (a) us, our management, shareholders, directors, employees, agents, affiliates and related corporations against any harm, loss, expense, liability, costs (including legal costs), fees, judgments, damages, penalties or detriment whatsoever that they or any of them may incur, suffer, be threatened with, be at risk of, be liable for, or be demanded to pay or satisfy as a direct or indirect consequence and (b) us against any amount we pay (but in the case of a voluntary payment, ‘reasonably pay’) to our management, shareholders, directors, employees, agents, affiliates and related corporations to compensate for any harm, loss, expense, liability, costs (including legal costs), fees, judgments, damages, penalties or detriment whatsoever that they or any of them may incur, suffer, be threatened with, be at risk of, be liable for, or be demanded to pay or satisfy as a direct or indirect consequence.
Your indemnity:
- Extends, without limitation, to any legal or professional costs incurred in obtaining advice or representation in relation to the matter.
- Applies, without limitation, where any investigative, pre-action or ‘Anton Piller’-type proceedings are taken or orders are made.
- Late return fees
Late return fees never apply while you are a member.
If your membership ends and you do not return all rental DVDs to us within 7 days, we may charge your credit card with an amount equal to our current buy price for the outstanding DVDs plus an administration fee of $7 per DVD. You then own those DVDs.
If those charges are not honoured by your credit card, we may charge late return fees.
Late return fees are the same amount, and apply in exactly the same way, as periodic fees – but do not entitle you to rent further DVDs.
We may charge late return fees until:
- All rental DVDs have been returned to us or
- You have paid us our current buy price of any DVDs that have not been returned, plus an administration fee of $7 per DVD.
We reserve the right to charge your credit card for the replacement value of any item that is damaged or lost.
- Lost and damaged DVDs
If a DVD is part of a set or series and cannot be individually replaced, we may charge you for a replacement set or series.
You must reimburse us for any DVDs that are lost or damaged while rented to you.
A DVD is ‘damaged’ for the purpose of this rule if it will no longer play, or play reliably, or is in a condition not reasonably fit for a high class DVD service to supply.
If you indicate to us an intention to damage, not to return, a rental DVD or if you fail to return one within 7 days of our request that you do so, we may treat it as lost.
The normal amount will be our buy price for the DVD plus an administration fee of $7 per DVD.
- Returning rental DVDs to us
We will supply a pre-paid self-addressed Australia Post return envelope with each rental DVD delivery to you.
You must return each rental DVD:
- In good condition, allowing for its condition when delivered to you.
- Using the return envelope we supplied, properly sealed.
The Returned Button in ‘Your Current Rentals’ on our web site alerts us that you say you have posted a rental DVD back to us. The Button is for information only, and if we do not actually receive the DVD, the ‘disputed rental DVD returns’ rule applies.
We will send you a confirmation email when we have received a DVD that you have posted back to us.
- Disputed rental DVD receipts and returns
This rule applies if:
-We send you a DVD but you have not received it within 7 days or
-You report that you posted a rental DVD back to us,
but we have not received it within 7 days.
You should check your member “Current Rentals” Page to confirm what DVDs we have sent and to confirm that we have received the rental DVD within the next 7 days.
You should tick the box on your "Current Rentals Page to tell us you have returned the DVD
If you have not received a DVD that was sent or the Rental Page does not show it as received by us, and within a further 7 days you
- tick the box on your “Current Rentals” Page to tell us the DVD is lost and
- send us a statutory declaration verifying the posting or the non-receipt of the DVD and
- do anything we reasonably ask to enable us to claim compensation from Australia Post, that is the end of the matter
Otherwise, we may charge your credit card with an amount equal to our current buy price for the DVD plus an administration fee of $7 per DVD.
You acknowledge that the requirement for a statutory declaration is reasonable given the value of DVDs.
- Unused entitlements
If you do not use up all of your entitlements, e.g.
- You are entitled to receive up to three DVDs at a time, but you max at two.
- You are entitled to swap rental DVDs five times in a month, but you only swap twice –
you are not entitled to any credit, carry over benefit or refund. Those unused entitlements expire.
- Buying ex-rental DVDs
Some rental DVDs may be available for purchase. If we agree to sell a rental DVD:
- You owe us the sale price, and we may debit that amount to your credit card
- It remains our property until you have paid for it, and it then becomes an ‘ex-rental DVD’ that you own.
- If it was in your possession when we agreed to sell it, you accept it as-is, as a second hand item and not subject to refund or return in any circumstances. Our 10 day ex-rental DVD warranty does not apply.
- If we ship it to you from stock, you accept it as-is, as a second hand item but subject to our 10 day ex-rental DVD warranty – see below.
Unless we advertise a DVD as ‘new’, you must assume it (and any paper sleeve and case) is ex-rental.
- Ex-rental DVDs – paper sleeves, cases and bonus disks
Our normal rule: When you buy an ex-rental DVD, you are only buying the main feature disk. The original paper sleeve and case, and any bonus disks, are not included. We may not even have them.
If you purchase the main feature disk as an ex-rental DVD and we also offer the original paper sleeve and / or case and / or any bonus disks – you may purchase them at an extra cost.
- Bonus disks
We may offer free ‘bonus disks’ e.g. as prizes, rewards or incentives.
Unless we advertise a bonus disk as ‘new’, you must assume it (and any paper sleeve and case) is ex-rental.
- 7 day ex-rental DVD warranty
On delivery to you, an ex-Rental DVD that is subject to this warranty will be playable in a compatible DVD player.
If you return an ex-rental DVD to us within 7 days of receiving it, with a statutory declaration – click here for required form – that it was not playable in your DVD player, we will accept it as a return and credit back the sale price.
You acknowledge that the requirement for a statutory declaration is reasonable given the prevalence of illegal copying of DVDs.
- Ownership of DVDs
You acknowledge that DVD ‘ownership’ means only ownership of the physical media, and that all content on the DVD is merely licensed from the copyright licensor.
We own all rental DVDs we supply to you, and you hold them on our behalf.
We own all ex-rental DVDs and new DVDs until you have paid their price in full.
- Checking your account
You are responsible for keeping track of orders, receipts and returns on your account.
To assist you, we provide an online facility at Your Account.
We recommend you check your “Current Rentals” page regularly to see which DVD has been sent to you and whether we have received it back.
- Our liability to you
These rules set out various things that we are not responsible for. As well as those, we are not responsible:
- For any email we send, but does not reach you.
- For any email you send, but does not reach us.
- Trial subscriptions
We may offer free trial subscriptions as a promotion.
Any offer we make is limited to one free trial per person, one free trial per household and one free trial per credit card.
A trial subscription is solely for the purpose of allowing a household to experience the WebFlicks service for a limited period, once. ‘Household’ means a family or other domestic community that shares use of a DVD player at one address. A ‘householder’ is any member of that family or domestic community who normally lives at that address.
A trial subscription cannot be combined with any other promotional offer we make.
A householder is not eligible for a trial subscription if any other householder has ever started a trial subscription.
A trial subscription cannot be suspended or extended.
A trial subscription may be for a specified limited period or for a specified limited number of rentals or be limited in some other way. In any case, it ends when the specified limit is reached.
Periodic fees do not apply during a trial subscription, but these rules apply in all other ways.
You must give us standing recourse to a current, valid credit card in your name.
When you are accepted for a trial subscription, you become a member:
At the end of your trial subscription, unless you cancel your membership (or you choose a different plan or we nominate a different default plan), you will automatically move onto the same plan at the current monthly rate for that plan.
If you want to cancel your membership from the end of your trial subscription, then before it ends you must both:
- Give notice to cancel by calling and speaking to our Customer Service team on 1300 005 005 between Monday to Friday 10 am-5pm AEST, excluding public holidays.
- Return all rental DVDs to us. Actual receipt at our premises is required (but if you say you posted a DVD at least 7 days before the trial subscription ended, rule 29 applies).
It is your responsibility to know when your free trial period ends, to cancel your free trial and to check your “Current Rentals” page to see if all returned DVDs have been received by us.
If we find that you have applied for or used a trial subscription in breach of these rules, you are deemed to have been a fee paying member from the date the trial subscription started and we may back-charge you accordingly.
- Our rules are a contract with you under the law of Victoria, Australia
Use of our website and services are conditional on you agreeing to and complying with these rules, and if you use either or both of them you are taken to agree to the rules.
The agreement between us is subject to the law of Victoria, Australia and the courts with jurisdiction in that State have exclusive jurisdiction in relation to any dispute between you and us.
- We own the intellectual property in our website.
Trade marks, logos, images, product and company names appearing on our web site are the property of their respective owners. Subject to that:
- We own the copyright in all material that makes up our website. You must not copy, modify or republish any material except as we expressly permit.
- We own all trade marks, registered and unregistered, on and associated with our website. You must not copy or use them except as we expressly permit.
You must not infringe our intellectual property rights in any way.
- You may not make any unauthorised use of our website.
Our website allows members and prospective members to learn about and use our service.
No other use of our website is permitted. In particular, you must not:
- use material or information from our site for any other commercial purpose
- sell material or information from our site
- republish or redistribute it for any commercial purpose
- republish or redistribute it without acknowledging our site as the source.
- You must respect the security of our website and the computers that host it.
You must not attempt to access or use our website except via a web browser in the manner it has been designed to be accessed and used.
You must not attempt to access any area of our website that you are not authorised to access.
You must not do anything that is likely to harm or damage our web site and the computers that host it.
You must not attempt to upload any script or other executable content to our web site or the computers that host it.
You must comply with any security guidelines or directions we issue, either to you in particular or to users generally.
- We may publish or republish any testimonial you submit to us.
- We don’t endorse any external websites that we link to, or that link to us.
Our website may contain links to websites or services published or operated by third parties. We do not control those sites or services and we do not accept any responsibility for their content or reliability. We do not endorse them.
We are never liable to you or anyone else for any decision you make or action you take in reliance on any information on (or omitted from) a linked website or service.
- We don’t guarantee that our service will be error free or continuously available.
We do not warrant that our website or the service it provides will be uninterrupted or error free, or that defects in it will be corrected.
- You are solely responsible for keeping viruses, worms, trojans, etc out of your computers.
There are many viruses, worms, trojans and other malicious code on the Internet and transferred over it. You must use the Internet and our website at your own risk.
We do not warrant that that files or code available for downloading through our website will be free of infection or viruses, worms, trojans and other malicious code.
You must implement sufficient antiviral and other protective measures for your computers, network and data to keep them safe and secure.
We are never liable to you or anyone else for harm or loss caused by any viruses, worms, trojans or other malicious code that you download from the Internet, including our website.
- Chat rooms, message boards and other feedback
If we give you access to chat rooms, message boards or other online feedback (‘forums’), you must use it responsibly.
Here are some examples of forum posts that breach these rules. This list is not exhaustive.
- Comment or feedback about identifiable individuals (other than film actors, crew or executives in the course of bona fide comment on movies).
- Profanity, obscenity, pornography, defamation, incitement to hatred, or threats of violence.
- Any programming or scripting, such as JavaScript.
- Repetitive posts on a topic, except in the course of bona fide discussion with other members.
- Material that appears to be from us or authorised by us.
- Encouraging others to breach these rules.
- Advertising any other commercial enterprise.
- Posts in breach of a moderator’s direction.
- ‘Off-topic’ posts i.e. not relevant to any designated topic or title of the forum.
- Discussion or reposting of deleted posts.
- Material in breach of copyright.
If you breach of this Rule:
- We may limit or cancel your access to forums.
- We may suspend or terminate your subscription, without refund to you.
You must comply with directions on our website. Our website may include ‘tool tips’ or other notes that direct you what to do (e.g. ‘Choose most applicable category.’) You must comply with them.
You must ensure that anything you post, including feedback and opinions, is lawful and not actionable.
- We do not vet or edit, and are not responsible for vetting or editing, anything you post, or anything that is posted about you.
- You must ensure that anything you post in forums, including feedback, opinions, reports and chat room comment, is in good faith, lawful, fair, reasonable, not offensive and does not give rise to any cause of action against you or us by a third party or bring us into disrepute.
- We may remove anything you post, in our absolute discretion.
- You release us from any action or claim arising out of or in relation to anything that anyone posts about you, including feedback and opinions, whether or not our staff or systems allowed or effected the post, or were aware (before or after the post) of the nature or contents of the post, or your opinion or claim that it is unfair, defamatory or otherwise actionable.
By posting a review or submitting material in a forum, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, distribute, and display such material with or without attribution to you.
- Liability, Implied warranties and conditions
- 48.1. Some laws, such as the Trade Practices Act 1974 (‘TPA’) and corresponding State laws, may create rights or remedies that cannot be excluded, restricted, modified or limited.
- 48.2. ‘Non-Excludable Term’ means any warranty or condition that is implied in these Rules by the TPA or otherwise, to the extent to which (a) it may not lawfully be excluded, restricted, modified or limited or (b) any exclusion, restriction, modification or limitation of it is void.
- 48.3. ‘Non-Excludable Right’ means:
- 48.3.1. a Non-Excludable Term; and
- 48.3.2. any law or its application, and any right or exercise of a right conferred by any law, (including but not limited to the TPA) to the extent to which (a) it may not lawfully be excluded, restricted, modified or limited or (b) any exclusion, restriction, modification or limitation of it is void.
- 48.4. ‘Non-Excludable Liability’ means any liability to the extent to which (a) it may not lawfully be excluded, restricted, modified or limited or (b) any exclusion, restriction, modification or limitation of it is void.
- 48.5. These Rules:
- 48.5.1. include all Non-Excludable Rights; and
- 48.5.2. do not exclude, restrict, modify or limit any Non-Excludable Right or Non-Excludable Liability.
- 48.5.3. To the fullest extent permitted by law, our liability for breach of any Non-Excludable Term is limited at our option to the following:
- 48.5.3.1. in the case of goods:
- 48.5.3.1.1. the replacement of the goods or the supply of equivalent goods;
- 48.5.3.1.2. the repair of the goods;
- 48.5.3.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
- 48.5.3.1.4. the payment of the cost of having the goods repaired; or
- 48.5.3.2. in the case of services:
- 48.5.3.2.1. the supplying of the services again; or
- 48.5.3.2.2. the payment of the cost of having the services supplied again.
- 48.6. Except for (a) Non-Excludable Terms and (b) express warranties and conditions:
- 48.6.1. these rules exclude, and we disclaim, all conditions and warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, whether such conditions or warranties are implied by custom, law or statute; and
- 48.6.2. we supply access to our website and our services, and all goods ‘as is’ and without warranties of any kind.
- Invalid parts of these rules must be read down.
If anything in these rules is invalid, unlawful or unenforceable:
- 49.1. it must be read down, to the point of severance if necessary, so as to render it and these rules lawful; and
- 49.2. the rest of these rules continue in full force.
- No lapse
Our rights do not lapse just because we don’t enforce them on one or more occasions.
- Interest
If you owe us money that is overdue for payment, we may charge interest at 15% per annum and an administration fee of $5 a month.