Terms and Conditions

1. Overview

These Terms of Use (Terms) govern your use of our website located at mystockbox.com.au (Site) and form a binding contractual agreement between you, the user of the Site and us, One Big Idea Pty Ltd ABN 43 600 552 583 (“One Big Idea”, “us”,”our” or “we”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@mystockbox.com.au.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms, and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

 

2. Licence to use Site

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.

Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use and is subject to the following terms and conditions. You must not use the Site for any of the following purposes, which are strictly prohibited by us:

a)     Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party.

b)     Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive.

c)     Engaging in any conduct that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

d)     Attempting to interfere in any way with our Site’s network security, or act in any manner that would bring us, or our Site, into disrepute; or

e)     that infringes the intellectual property or other rights of any person.

We reserves the right to revise these Terms at any time and for any reason without notice to you. It is your responsibility to review these Terms each time You use the Site.

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

You acknowledge and agree that:

a)     we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

b)     the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

c)     you use the Site entirely at your own risk.

3. Intellectual property rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission, which would otherwise constitute an infringement of your moral rights, and you warrant that you own or are licensed to use the intellectual property rights in your posted content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo.

You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from your posted content, including any breach of intellectual property rights any third party may bring against us, in relation to your content. This licence will survive any termination of these Terms.

 

4. Warranties

You must not create an account in the name of any company or organisation, or hold yourself out as being a representative of a company or organisation, unless you are authorised by that company or organisation to do so. You represent and warrant to us that:

a) you are over 18 and have the legal capacity to enter these Terms;

b) you are not a household, business office or head office representative;

c) you are not impersonating any person or entity;

d) you acknowledge that as a representative of a multi-site operation, all sites must be independently registered;

e) you are not intentionally or unintentionally violating any applicable state or federal law regarding use of personal or identification information;

f) you are authorised to create an account in the name of the company or organisation or otherwise hold yourself out as having an association with the company or organisation; and

g) you will provide, on demand from us, verification of your Credentials in such form as required by us;

We may, from time to time, use any of your credentials to make our own enquiries as to the accuracy or truthfulness of your representation. If you act in a misleading or deceptive manner in relation to your credentials, we may suspend or cancel your membership. Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person or company’s identity we may without notice to you, disclose that information to any relevant persons or authorities.

 

5. Liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired; and

 

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

 

6. Retail membership

Membership is conditional upon each member providing feedback on all products delivered. You understand and agree that if you fail to supply feedback as requested by us, your membership will be terminated and you will cease receiving any further services from us. Your may re-apply for the service by writing to info@mystockbox.com.au.

Stock Box reserves the right to at any time at its sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.

 

7. Privacy

Your registration and use of the Site is conditional upon you agreeing and complying with the Privacy Policy.

If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Terms and our Privacy Policy, you must not use the Site. The Site can only provide the intended services to users by using personal information in the manner contemplated.

 

8. Disclaimer

Nothing we do on this Site or provide to you as part of our Service constitutes any form of advice, recommendation or guarantee. We make no representation on product suitability, compliance or guarantee any product performance in relation to sales and profit. We do not act as your representative in relation to any matters whether financial, legal, terms negotiations or otherwise. You must seek your own professional advice where appropriate.

 

9. Termination

These Terms terminate automatically if, for any reason, we cease to operate the Site. We may otherwise terminate these Terms immediately, without notice to you, if you have breached these Terms in any way.

 

10. General

You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it. These terms are governed by the laws of New South Wales, and each party submits to the jurisdiction of the courts of New South Wales.

 

These terms were last updated on 26 July 2014