Acceptance of Terms and Conditions
Spurt is a trading name of Lencut Pty Ltd.
These Terms and Conditions govern your use of the Spurt Web Site. By using, visiting, or browsing the website, you accept and agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you should not join as a member, and should not complete any transactions as a member. On each subsequent use of the website, you will click ACCEPT which means that you reiterate that you accept these conditions, and that you have also read the latest version of them, and accept any changes that may have occurred between that occasion and the date your joined initially.
Changes to Terms of Conditions
Spurt, trading as Lencut Pty Ltd, reserves the right, from time to time, with or without notice to you, to make changes to these Terms of Use at our sole discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" hyperlink located at the bottom of the pages of the Spurt website.
The most current version of the Terms & Conditions will supersede all previous versions. Your subsequent use of the website means that you agree to be bound by such changes. We will notify you of any changes via email.
Parties to the agreement
Spurt is a trading name of Lencut Pty Ltd, and is registered in the state of New South Wales. Our postal address is PO Box 7322, Alexandria NSW 2015.
You as the member are the other party to this agreement, and your name and address are stated as per your membership form, and any subsequent revisions you make to your membership information online, by phone, by post or by email.
Privacy
Any information submitted on the website is subject to our Privacy Policy, the terms of which are above. By using our website you accept and consent to these policies and practices.
Membership
You can find the specific details regarding your membership account with us at anytime by clicking on the "My Account" tab, located at the top of the pages of the website.
Billing
As a member of Spurt, you agree that we are permitted to charge your credit card for the transactions you make via your log in. Such transactions require the log in and password stipulated by you. you should keep these private at all times, as they are the key to your authority to operate on your membership, and thus incur fees on your account, which you have authorised be charged to your credit card.
You agree to pay all fees, including all goods and services tax and any other charges that may from time to time be added by Governments (State or Federal) that you may incur in connection with your use of our services. The usage fees will be billed on the day that your requested DVD s are mailed to you. In the event your credit card is declined, we will keep your order active, and attempt to contact you by phone and email to establish the problem, rectify the payment, and then dispatch your order. We do not store your credit card number against your membership, and you will need to enter your card details on each occasion you purchase from us.
Credit Card Payments
While our website is a secure server, our credit card transactions are not done online. The information is viewed directly from the secure server, and your credit card is then manually processed. Should there be any discrepancies between the automated pricing and the actual pricing, these will be manually adjusted before we make any charges to your credit card.
Cancellation
You may cancel your membership to Spurt at any time - either by not utilising your account, or by emailing us to request that we close your account.
Region Coding
As per information supplied on our website in the FAQ section, we advise that under current New South Wales Office of Fair Trading decisions, that we are not obliged to provide refunds, replacements or any other restitution where the reason that items will not play is due to region coding issues. As the point of purchase is in New South Wales, any such claims should be directed to the New South Wales Office of Fair Trading.
Fraudulent / Suspicious Acts
We reserve the right to log your personal information, including but not restricted to your IP Address, and all personal details filled out by you, and to gather other information on you from publicly available sources, or from Credit Reference Agencies, in order to verify your identity. If Spurt suspects any fraudulent or suspicious acts, we retain the right to place all accounts on hold or suspension, review activity and demand any items to be returned to us without prior warning.
Referral Discounts and other offers
Offers may be made from time to time and they are to be requested at the time of order. They cannot be retroactively applied. Offers carry an expiry date which should be adhered to, and cannot be extended by our staff.
Account Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you have full right to request access to all personal information held as stated within our Privacy Policy. You are also responsible to ensure your personal information is accurate and complete. You can maintain and update your personal information by clicking on the "My Account" button, available at the top of the pages of the Spurt website.
Disclaimers of Warranties and Limitations on Liability
The Spurt website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to it or its contents. We assume no liability or responsibility for any errors or omissions in the content, nor any failures, delays, or interruptions in the delivery of any content contained on the website, any losses or damages arising from the use of the content provided on the website, or any conduct by users of the website or hosting companies. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Spurt, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Similarly, we cannot be held responsible for any damage to your DVD hardware or computer hardware from the use of our products, whether properly or improperly.
Intellectual Property and Copyright
All content included on the Spurt website, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Lencut Pty Ltd and / or its suppliers and is protected by Australian and International copyright laws. The compilation of all content on this site is the exclusive property of Lencut Pty Ltd, and protected by Australian and international copyright laws. They should not be reproduced or used without express written permission from Lencut Pty Ltd, and such permission will only be given in writing, in response to a written request posted to our address as above, by registered post.
Limitations on Use
You must be 18 years of age or older to use the Spurt online DVD sales service. Unless otherwise specified, the content on the website is for your personal and non-commercial use and we grant you a limited license to access the site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the site without our express written consent. Any unauthorized use of the site or its contents will terminate the limited license granted by us. You may not link directly to any product or graphic from any other site without prior approval.
An online rental member may not have more than one active membership, whether this is by use of name, e-mail address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained by this way on all memberships which may be linked to you, in the past, present and future.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any reason whatsoever. We do not need to advise you of the reason if your behaviour or actions are in breach of this agreement.
Entire Agreement
These terms and conditions, when read in conjunction with the information in our FAQ section, and other information provided by us on our website, form the entire agreement between our company as the supplier, and yourself as the customer.
Signed electronically this day 25th February 2007 by the directors of Lencut Pty Ltd. |
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