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Terms of Use

Terms & Conditions

The telechoice.com.au website is operated by Business Service Brokers Pty Ltd ACN 069 049 994 ("TeleChoice").

Your access to and use of telechoice.com.au is subject to the following terms, conditions and disclaimers ("Terms of Use") which govern your use and/or purchase of products from our website.

Specific Warnings & Disclaimers

This service is published for information only without assuming a duty of care. TeleChoice is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. TeleChoice is not liable for errors, omissions in, delays or interruptions to or cessation of the services, or the withdrawal from sale or unavailability of products for whatever reason or cause.

TeleChoice has used its best efforts to make sure all information, graphics, audio and video, advertisements and other items appearing on this site ("Content") is correct and up to date at the time of publication. However, TeleChoice does not represent or warrant the accuracy or completeness of the Content and is not liable for any errors, omissions or defects.

Save for, and to the extent only, of any written warranties accompanying any products or services sold by TeleChoice, to the extent permitted by law, TeleChoice and its officers, employees, agents, licencees and contractors, exclude all warranties, express or implied, and shall not be liable for any consequential, indirect or incidental damages or for any loss of profits of whatsoever nature and kind or howsoever arising which results from your use, access to, or, reliance upon the content hereof or any inability to use or access this web site, howsoever arising.

To the extent that a warranty is implied, pursuant to the Trade Practices Act 1974 (Commonwealth) or any amended or similar legislation, such warranties shall be limited to re-supplying of the product or services to which the warranty applies.

You agree that your access to and use of this site is at your own risk, in all respects.

Pricing & Products

All prices and products which are displayed and services which are offered for supply on telechoice.com.au are for internet orders only and are current at the time of issue but may change at any time without notice and are subject to availability. Unless otherwise stated, prices exclude GST.

All products offered for sale on this site, are offered subject to their availability at the time of order. A failure by a supplier to deliver in accordance with sample, description or at all or other unintentional causes may result in some lines being unavailable. Products are otherwise offered for sale while stocks last.

TeleChoice reserves the right to correct pricing, and other typographical and photographic errors and to limit the quantities of sales to customers, including the right to prohibit sales to re-sellers.

The offers made on this site are not available to re-sellers and there are no rainchecks available in respect of products advertised on this site, where stocks have run out.

Packaging

Illustrations may be used as a product reference only.

Colours

TeleChoice has made every effort to display as accurately as possible the colours of our products that appear on the site. However, as the actual colours you see will depend on your monitor, TeleChoice cannot guarantee that your monitor's display of any colour will be accurate.

Third Party Sites/Content

This site offers for sale and/or contains information and advertisements for products and/or services of third parties and can also contain embedded hyperlinks or include referral buttons to advertisements on third party sites.

The third party products, services and information and/or sites are not recommended or endorsed by TeleChoice. Any hyperlinks to sites operated by third parties are not controlled by TeleChoice, and we are not responsible for the condition or the content of those sites. Links are provided solely for your own convenience. You access these sites and use or buy their products, services and information at your own risk.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via telechoice.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply.

The use of a trade mark on this site is not intended to indicate any association with, or endorsement by, the owner of that trade mark.

We may receive fees and/or commissions for third party advertising and you acknowledge and consent to us receiving the fees and/or commissions.

Copyright

All Content is protected by Australian and international copyright laws, unless indicated otherwise on this site.

You may look at this site and the Content using your web browser and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by TeleChoice and then only according to TeleChoice's conditions; and (b) include the copyright notice "© TeleChoice (Australia) Pty Limited 2012" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this site, except as allowed by this site or by TeleChoice.

Trade Mark Notice and TeleChoice's Name

This site contains registered trade marks and trade marks that are the subject of pending application, or that are protected by law, and includes, but is not limited to, the words TeleChoice, the TeleChoice signature and the TeleChoice logo.

Unless shown otherwise, the trade marks are either owned or licensed by TeleChoice and are protected under the laws of Australia and other countries. You must not use TeleChoice's trade marks, except: (a) by saving or printing out a copy of this site as allowed under the copyright notice set out above; (b) as part of a legitimate reference to TeleChoice or a TeleChoice product or service with proper recognition of the trade mark's status; or (c) with TeleChoice's prior written consent.

Goods and Services Tax

If GST is imposed on any supply made by us through telechoice.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

Online Orders & Delivery of Goods

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

We are: Business Service Brokers Pty Ltd ACN 069 049 994, trading as TeleChoice.

Our address is: 74 Eastern Road, South Melbourne, Victoria, 3205

You are: a visitor to Our Website / our customer

Definitions

In this agreement:

"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

"Consumer" means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

"Our Website" means the entire computing hardware and software installation that is or supports Our Website.

"Goods" means any of the Goods we offer for sale on our Website

"Content" means any material in any form published on Our Website by us or any third party with our consent.

"Material" means Content of any sort posted by you on Our Website

Our contract with you

These terms and conditions apply:

So far as the context allows, to you as a visitor to Our Website; and
In any event to you as a buyer or prospective buyer of our Goods.
We shall accept your order by e-mail confirmation. That is when our contract is made. The contract is not made merely by you placing an order. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
We reserve the right to restrict the quantity of goods ordered by you to a normal retail quantity.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website at the time you order Goods.
Unfortunately, we cannot guarantee that Goods advertised on our website are available.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order;
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable.

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

We reserve the right to refuse you access to Our Website.

Price and Payment

We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.

You will be required to pay all delivery charges and any necessary re-delivery attempts if delivery is not initially possible, as well as all taxes relating to supply of the Goods. You agree to allow us to charge you for re-delivery fees by the same method as you pay for the Goods.

Prices include Australian good and service tax. If you show by your delivery address that you reside Australia, we will refund to you the amount charged as GST.

Payment will be accepted by us by Mastercard, Visa, Amex or Diners Card.

Delivery

Deliveries will be made by a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery. Anyone at the delivery address who receives the Goods shall be presumed to be authorised by you to receive the Goods on your behalf. We may request that the recipient of the Goods provides satisfactory proof of age. We may refuse delivery if satisfactory proof of age is not provided or if the recipient is not able to demonstrate that they are eighteen (18) years or older.

Photo ID must be presented on delivery (Australia Drivers Licence or Passport) and last four digits are captured. The shipping details that you provide with this order must be the person who signs for the delivery. Delivery will take 1-4 working days. All deliveries will be done between 8.00am to 5.00pm weekdays. The package will only be delivered once and if missed you will need to arrange for re-delivery or pickup with Toll IPEC (call 1300 8655 47) at your own cost.

We may deliver the Goods in instalments if they are not all available at the same time for delivery.

Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

Cancellation of order

You may cancel your order at any time before we despatch your order.

Details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.

If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

If you cancel after we have despatched the Goods but before the Goods are delivered, we will refund the price of the goods only.

The option to cancel your order after delivery is only available in accordance with our normal returns policy, details of which are available on Our Website.

If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.

You are responsible for the cost of returning them.

To assist us in identifying your Goods on receipt by us, we ask you to telephone 03 8699 2555 for a returns reference to be placed below our address / returns label. You will have the opportunity to discuss your purchase with our customer service representative, either at that time or at a later time, who will assist you with your request.

If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.

We will refund your money within 30 days.

This paragraph does not affect your rights in the event that the Goods are faulty.

Foreign taxes, duties and import restrictions

If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Goods returned

Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:

exactly what is the fault;
the date, if relevant, when the fault became apparent;
when and how you discovered the fault;
how the fault affected your use of the Goods;

To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty. Goods returned to us will only be accepted in accordance with our normal returns policy, which is available on Our Website.

You must tell us by email message to [address] or by letter to our land address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

The Goods must be returned to us as soon as any defect is discovered.

So far as possible, Goods should be returned:

with both goods and all packaging as far as possible in their original condition;
securely wrapped;
including our delivery slip;
at your risk and cost.

Disclaimers

We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

We give no warranty and make no representation, express or implied, as to:

the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website published by someone other than us;
any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
compatibility of Our Website with your equipment, software or telecommunications connection.

Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

The above two sub paragraphs do not apply to a claim for personal injury.

Content and Intellectual Property Rights

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Your email address

You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

System Security

We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

You may not use any software tool for the purpose of extracting data from our website.

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

Miscellaneous provisions

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

You consent to us using your email address to contact you for marketing purposes. You also consent to us supplying your email address to other companies to allow them to contact you for marketing activities. You will be able to opt out of marketing contact in accordance with the provisions of the Spam Act 2003.

Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Applicable Law

This site (excluding any linked third party sites) is controlled by TeleChoice. By accessing this site, you accept that any disputes about this site or its Content are to be determined by the courts having jurisdiction in the State of Victoria according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.

As this site can be accessed throughout Australia and overseas, TeleChoice does not represent that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility. You are responsible for making sure that you comply with all applicable laws in the place where you are located.

General Matters

If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.

You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

From time to time telechoice.com.au may be changed (including these Terms of Use) or the information, products or services without notice. However, we do not undertake to keep this website updated.

Miscellaneous

If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between TeleChoice and you with respect to the subject matter.

Use of your information and material

When you send us any feedback, suggestions, ideas or other materials in relation to or via telechoice.com.au you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

Notices

telechoice.com.au may give notice to You by electronic mail or by regular mail to your address contained in the personal information provided by You. You may give notice to telechoice.com.au by electronic mail to