Terms Of Service
Updated: October 30, 2008
Welcome to the Infoshop.com.au web site, which is located Infoshop.com.au (the "Web Site") The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and Infoshop.com.au Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the infoshop.com.au Service. If you do not read, understand, and agree to all of the TOS, you may not use the Web Site.
Infoshop.com.au reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
1. The Infoshop.com.au Service
Infoshop.com.au provides a number of Internet-based services through the Web Site (all such services, collectively, the "Infoshop.com.au Service"). One such service enables users to create customized compact discs, VCDs, CD-ROMS, DVD Video, DVD Music and DVD ROM , as well as selling existing custom inventory items (collectively, "Products"). Infoshop.com.au users may create and purchase individual Products for their own use or sell Products through their own page on the Web Site ("Shops"). Users who would like to sell Products through Shops must also enter into the Shopkeeper Agreement. Infoshop.com.au allows all users to browse the Web Site and purchase Products from the Shops. Infoshop.com.au may offer a number of other services on its Web Site, such as message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and Infoshop.com.au Service
2.1 Eligibility. Infoshop.com.au will only knowingly provide the Infoshop.com.au Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Infoshop.com.au Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Infoshop.com.au Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Infoshop.com.au Service and the Web Site.
2.3 Your License to Use the Web Site and the Infoshop.com.au Service.
(a) Infoshop.com.au solely and exclusively owns all intellectual property and other right, title and interest in and to the Infoshop.com.au Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Infoshop.com.au owns the trademarks Infoshop.com.au & the copyrights in and to the Web Site, and certain technology used in providing the Infoshop.com.au Service. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Infoshop.com.au grants you a limited revocable license to access and use the Web Site and the Infoshop.com.au Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by infoshop.com.au; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Infoshop.com.au may revoke the license granted to you.
(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 3.3.
2.4 Third-Party Services. Infoshop.com.au may use third parties to provide certain services accessible through the Web Site. Infoshop.com.au does not control those third parties or their services, and you agree that Infoshop.com.au will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with infoshop.com.au's TOS, agreements or policies, you must comply with infoshop.com.au's TOS, agreements or policies, as applicable.
3. Ticket Sales
3.1 All tickets are sold by Infoshop.com.au as an agent for the Ticket Shop Owner / Event Organiser responsible for the event. Any claims by Users arising from a purchase of tickets are solely against the Ticket Shop Owner / Event Organiser.
3.2 All tickets are sold subject to the terms and conditions imposed by the Ticket Shop Owner / Event Organiser and as set out in the InfoShop.com.au TOS. Users must rely on their own enquiries to ascertain those terms and conditions, if any, before purchase. Seller’s terms and conditions may include terms regarding admission, smoking, children, alcohol, dress standards and other issues.
3.3 All ticket sales are non-refundable and may be non-transferable.
3.4 No refund can be made for ‘no-show’ at the event. Substitutions may be welcomed if any member of your team are unable to attend on the day. Please contact the Ticket Shop Owner for more details.
3.5 The right is reserved to vary advertised programs, prices, venues, seating arrangements and audience capacity.
3.6 Late arrival may result in non-admittance until a suitable break in the event.
3.7 Audio and video recording devices are strictly prohibited.
3.8 Tickets may not, without the prior written consent of INFORMATION SHOP Pty Ltd, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.
3.9 Scalping warning: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
3.10 If applicable, you will be notified of your pre-set seating number in advance of attending by the Ticket Shop Owner / Event Organiser.
3.11 InfoShop.com.au looks to achieve industry best practice by supporting LPA Code of Practice. If InfoShop.com.au TOS differs from the LPA Code of Practice, the InfoShop.com.au TOS will apply.
4. Download Sales
4.1 Sales of downloadable items are sold as non-refundable items and are not covered under the InfoShop.com.au 30 guarantee due to the nature of the item.
5. General Rules
5.1 Description. As part of the Infoshop.com.au Service, Infoshop.com.au offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively, "Content") to the Web Site to create, produce and purchase Products featuring the uploaded Content for your own use.
5.2 Delivery of Content. You will upload or deliver to Infoshop.com.au all Content that you want to use with the Infoshop.com.au Service in accordance with the applicable instructions on the Web Site. Infoshop.com.au may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Infoshop.com.au Service.
5.3 Licensing Your Content to infoshop.com.au. You will retain ownership of the Content that you upload to the Web Site. You hereby grant to Infoshop.com.au a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Infoshop.com.au deems necessary to enable you to use the Infoshop.com.au Service to create, produce and purchase Products for so long as your Content remains uploaded to the Web Site. Infoshop.com.au may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of producing your Products.
5.4 Prohibited Use. Except as may be expressly permitted by infoshop.com.au, you may not: (i) interfere with the Infoshop.com.au Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Infoshop.com.au Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Infoshop.com.au Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain infoshop.com.au's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the Infoshop.com.au Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
5.5 Privacy Policy. By entering into these TOS, you agree to infoshop.com.au's collection, use and disclosure of your personal information in accordance with the Privacy Policy .
5.6 Ordering Policies. If you purchase Products, you agree to do so in accordance with Infoshop.com.au's Ordering Policy and Bulk Order Policy .
6. Reservation of Rights
6.1 Monitoring. Infoshop.com.au reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Infoshop.com.au determines, in its sole and absolute discretion, that you or another Infoshop.com.au user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Infoshop.com.au may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
6.2 Modification of the Service. Infoshop.com.au may modify the Infoshop.com.au Service at any time with or without notice to you, and will incur no liability for doing so.
7. Submissions
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Infoshop.com.au permission to use such submissions for marketing and other promotional purposes. You agree that Infoshop.com.au will have no obligation to keep any Submissions confidential and you will not bring a claim against Infoshop.com.au based on "moral rights" or the likes arising from infoshop.com.au's use of a Submission. This Section does not apply to your Content that you use in connection with the Infoshop.com.au Service or Shopkeeper Service. Section 3.3 governs infoshop.com.au's rights to use this Content.
8. Representations and Warranties
8.1 Mutual Representations and Warranties. You represent and warrant to Infoshop.com.au and Infoshop.com.au represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
8.2 By You. You represent and warrant to Infoshop.com.au that, in your use of the Infoshop.com.au Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Infoshop.com.au that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Infoshop.com.au will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Infoshop.com.au incurs in providing the Infoshop.com.au Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
9a. Disclaimers and Exclusions
9a.1 DISCLAIMER OF WARRANTIES. INFOSHOP.COM.AU PROVIDES THE WEB SITE AND INFOSHOP.COM.AU SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFOSHOP.COM.AU DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, INFOSHOP.COM.AU SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. INFOSHOP.COM.AU MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON- INFRINGEMENT.
9a.2 EXCLUSION OF DAMAGES. INFOSHOP.COM.AU WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE INFOSHOP.COM.AU SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9b. Limitation of Liability
9b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY INFOSHOP.COM.AU TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
10. Indemnification
You must indemnify and hold Infoshop.com.au and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify Infoshop.com.au under this Section, Infoshop.com.au will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without infoshop.com.au's express written permission.
11. Termination
11.1 Termination. Infoshop.com.au may suspend or terminate your use of the Web Site or Infoshop.com.au Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
11.2 Survival. These TOS will survive indefinitely unless and until Infoshop.com.au chooses to terminate them.
11.3 Effect of Termination. If you or Infoshop.com.au terminates your use of the Web Site or the Infoshop.com.au Service, Infoshop.com.au may delete any Content or other materials relating to your use of the Infoshop.com.au Service on infoshop.com.au's servers or otherwise in its possession and Infoshop.com.au will have no liability to you or any third party for doing so.
12. Notice
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) Australia Post mail service, (ii) overnight courier, or (iii) electronic mail. If you give notice to infoshop.com.au, you must use the following addresses: 45 Queens Road Everton Hills Queensland 4053. If Infoshop.com.au provides notice to you, Infoshop.com.au will use the contact information provided by you to infoshop.com.au. All notices will be deemed received as follows: (i) if by delivery by Australia Post mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
13. Dispute Resolution
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Infoshop.com.au Service will be exclusively resolved under confidential binding arbitration held in the State of Queensland, Australia before and in accordance with the provisions of the International Arbitration Act 1974 (Cth) , by a sole arbitrator applying Queensland State law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Brisbane, Australia, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Infoshop.com.au Service must be asserted individually.
14. Miscellaneous
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Queensland without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of infoshop.com.au. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Infoshop.com.au are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.